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| Interpretation of Govt orders can't be sought under RTI: SIC | | | Early Times Report
Jammu, Dec 26: In a significant order, State Information Commission (SIC) has declared that Public Information Officer (PIO) cannot provide interpretation of orders and circulars if this is sought under Right to Information Act (RTI). The SIC made it clear through its order that such interpretations do not come under RTI ambit and hence cannot be provided by the public authorities . As per details available with Early Times, one Nighat Jabeen of Qazipora Bandipora filed an appeal before SIC against the order of PIO and First Appellate Authority (FAA) of Finance Department (Codes Section), Civil Secretariat.
Earlier, her application was received by PIO of Finance Department, Civil Secretariat, on December 31, 2013. The PIO responded to the application on January 22, 2014. Not being satisfied with the PIO's order, the appellant preferred first appeal before First Appellate Authority (FAA) , Finance Department (Codes Section), Civil Secretariat on February 17, 2014, which was received in his office on February 20, 2014. The First Appellate Authority (FAA) adjudicated this appeal on 13-03-2014.
The appellant later moved SIC. The October 21, 2014 SIC order reads as:
"The Commission has gone through the original RTI application, the PIO's/FAA's order and is of the considered opinion that at all these three levels, the definition of information as given under section 2(d) has not been appreciated neither by the appellant nor by PIO/FAA. The FAA, however had directed PIO to provide enclosures to the information seeker, which were stated to be attached with the PIO's order dated: 22-01-2014. These enclosures have been provided to the information seeker during the course of hearing before the Commission and the appellant acknowledged the receipt of information. Thus the PIO had not complied with the directions of the FAA and information remained to be given till the date of hearing before the Commission. The FAA is advised that it should ensure compliance of his orders by the PIO. His attention is also invited to section 16(3) of J&K RTI Act, 2009, wherein, it is clearly laid down that FAA may make a reference to the Commission for imposition of penalty on the PIO for his default. The 2nd appeal is accordingly disposed of. The Commission would like to remind the information seeker that under the J&K RTI Act, 2009, only that information is to be given which is defined under section 2 and which is existing in the official records of the public authority at the time of making an RTI application under section 6 of the Act. Explanation and opinions, which are not on record anywhere, cannot be accessed under J&K RTI Act, 2009. Similarly, PIO cannot be asked to give any interpretation with regard to circulars / notices / official documents or any other enactment." |
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