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news details
PIO furnishes misleading info on JKPCC appointments
SIC seeks inspection 20 yr records
2/25/2019 11:08:35 PM
Early Times Report
Jammu, Feb 25: The Jammu Kashmir Projects Construction Company (JKPCC) has allegedly provided incomplete and misleading information to an information seeker under Right to Information Act (RTI) , the State Information Commission (SIC) has directed the Public Information officer (PIO) of the corporation to allow inspection of all the relevant record by the information seeker as mandated under section 2 (i) of J&K RTI Act 2009. Information seeker had sought details of appointments made at various levels by JKPCC during last 20 years.
Details available with Early Times reveal that one Gulzar Ahmad Zargar filed an RTI application dated 12-07- 2018 before the PIO of Jammu and Kashmir Projects Construction Corporation (JKPCC), seeking information on six points reading appointments made in the corporation from last several years. Information seeker was satisfied with the information provided by the PIO. He filed first appeal before the First Appellate Authority (FAA) of JKPCC on 10.09.2018.
As the first appeal filed by the FAA was not disposed within the statutory period, the appellant filed 2nd appeal before J&K State Information Commission (SIC) on 29.10.2018. The appeal came up for hearing before the Commission on 28.12.2018. Appellant Gulzar Ahmad Zargar who was present in Srinagar office of the Commission was heard through voice call. The FAA/JKPCC was present during the hearing. FAA submitted that the information has been provided to the appellant on 05.10.2018. However, the appellant submitted that the said information was incomplete and misleading.
Though JKPCC has admitted that a number of engineering graduates have been engaged as trainee engineers but the department has not specifically submitted under which scheme these engineers were engaged and what criteria was adopted for their selection as trainee engineers and who were subsequently brought on regular establishment.
The appellant also submitted that in response to point No. 3, wrong information has been given. In the writ petition filed in the Hon'ble High Court, JKPCC has submitted that more than 900 casual labourers have been engaged while as through the information provided on 05.10.2018, only 590 have been shown to have been engaged between the year 2000 and 2004. The appellant also submitted that there is no response to point No. 4 of the RTI request. Hearing in the appeal was adjourned with a direction to the PIO to furnish complete information to the appellant clarifying issues raised by him during the oral arguments. During 2nd hearing before SIC , JKPCC PIO was absent.
The SIC held : "Since the maximum period for deciding the second appeal with the State Information Commission is expiring, no further adjudication can be given in this case. The appeal is, therefore, disposed of with the directions to the PIO to furnish revised reply / information to the appellant clarifying therein as to under which scheme trainee engineers were engaged and what criteria was adopted for their selection as trainee engineers. The PIO shall also clarify as to why only 590 Daily Casual Labourers were shown to have been engaged when the department had itself indicated more than 900 casual labourers having been engaged in the reply filed before the Hon'ble High Court. The PIO shall also clarify that as to why one person was shown to have been appointed as Company Secretary between the year 2000 and 2015 while other appointments made during that period have not been reflected in the reply provided to the appellant, which included one Mohammad Ramzan Malla.
Besides, clarifying the above mentioned appointments, the PIO shall also afford an opportunity to the appellant to inspect the record. In this regard, the PIO shall contact the appellant and fix a date for inspection of records convenient to both the parties and facilitate the inspection of record on the date so fixed. "
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