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| Addl Secretary PSC to face penalty, prosecution for misleading Commission | | | Sumit Sharma
JAMMU, July 7: Fayaz Ahmed Sheikh, ex-Additional Secretary-cum-PIO, J&K Public Service Commission, Srinagar is likely to face penalty and prosecution as Jammu and Kashmir State Information Commission has sought explanation from him that why penalty under section 17 of the State RTI Act should not be imposed on him and why his case may not be processed for prosecution under Ranbir Penal Code (RPC) for refusing to act as a public authority to carry out the directions of State Information Commission and also refer case to competent authority for starting disciplinary proceedings under the service rules applicable to him as provided under section 17 of the Act.
The Commission assumed tough stance on him following a complaint filed by Dr. Amit Sharma alleging non-compliance of the Commission's order No: SIC/CO/SA/95/2013-580 dated : 04.02.2014 passed in second appeal filed by the appellant.
In its landmark judgement, G.R Sofi, Chief Information Commissioner observed, "The Commission had directed for disclosure of information as mentioned in the above referred order. Till date order has not been implemented on the plea that original file which contained the information was lying with the High Court. However, the complainant has rebutted this statement of J&K Public Service Commission by stating that the Registrar Judicial vide his Communication No: 2152 dated: 19.10.2013 had asked the PIO, Public Service Commission to examine the record in the High Court and thereafter send the information directly to the appellant. The complainant submits before the Commission that other part of information is lying with Public Service Commission which has also been denied to the complainant. As the contents of complaint have not been rebutted by the representative of PSC , one of the constitutional authorities of the State, the Commission directs the then PIO, PSC Fayaz Ahmed to explain why penalty under section 17 of the State RTI Act may not be imposed on him and why his case may not be processed for prosecution under Ranbir Penal Code for refusing to act as a public authority to carry out the directions of a legally constituted Commission i.e J&K State Information Commission and also refer case to competent authority for starting disciplinary proceedings under the service rules applicable to him as provided under section 17 of the Act. His reply, if any, must reach this Commission within 15 days from the receipt of this order. Farooq Ahmed, Under Secretary and representative of PSC is directed to serve a copy of this order on Fayaz Ahmed, the then PIO. Meanwhile, the Commission further reiterates that J&K PSC which is one of the respected constitutional body would give due respect and regard to a statute which has been passed by the State Legislature". |
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