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| SIC issues penalty notice to Principal | | Denial of 7th Pay Comm order under RTI | | Early Times Report
Srinagar, Mar 16: As Vishwa Bharti College withheld information about an order of 7th pay commission to an Assistant Professor for several months , State Information Commission (SIC) has taken matter seriously and issued a penalty notice against the College Principal.
Details available with Early Times reveal that an RTI application dated 27-08- 2018 was filed one Hanifa Akhter Assistant Professor seeking information from PIO/Vishwa Bharti Women's College, Srinagar. Information seeker sought order copy of the implementation of 7th Pay Commission to the Non-Teaching Staff. In addition to it copy of salary statement of the In-charge Principal for the year 2017-18 & 2018-19 was also sought . As the PIO failed to provide the information within the specified period, information seeker filed the first appeal before the In-charge Principal, Vishwa Bharti Women's College, Srinagar on 28- 09-2018. The first appeal was not disposed of by the First Appellate Authority (FAA) within the statutory period. Aggrieved by the non action of the PIO as well as the FAA, the appellant filed second appeal before the State Information Commission (SIC) on 19-11-2018 with the prayer that the PIO be directed to furnish information and also the penalty be imposed upon the PIO and FAA for intimidating and harassing the appellant.
The appellant acknowledged the receipt of the information during SIC hearing but submitted that the same was been furnished by the PIO only after the appellant filed the second appeal before the State Information Commission (SIC). She accordingly, prayed that penalty as provided under the provisions of the J&K Right to Information Act, 2009 may be imposed upon the PIO for not responding the RTI request within the specified period.
While disposing off the appeal SIC in its order said:
"After hearing the appellant and the representative of the PIO, the Commission has found that the RTI application seeking information from the PIO was filed by the appellant on 27-08-2018 but the information has been furnished to the appellant by the PIO on 01-12-2018, after the expiry of more than three months from the date of filing of RTI request. In terms of Section 7 (1) of J&K Right to Information Act, 2009, the PIO is bound to furnish the information to an information seeker within a period of 30 days. Sub-section (2) of Section 7 provides that in case the PIO fails to provide information within the specified period of 30 days, it shall be deemed that the PIO has denied the request for information. In the present case, the PIO has failed to provide the information to the 4 appellant within the period specified under section 7 (1) of the J&K Right to Information Act, 2009. A prima facie case is therefore, established for proceeding against the PIO under section 17 of the J&K Right to Information Act, 2009. Since the information has been provided to the appellant and the appellant has acknowledged the receipt of the same, the appeal is disposed of. The registry is directed to issue a show cause notice to the PIO/Principal, Vishwa Bharti Women's College, Srinagar as to why penalties as envisaged under section 17 of the J&K Right to Information Act, 2009 shall not be imposed upon him for his failure to furnish information to the appellant within the period specified under section 7 (1) of the Act. His explanation should reach the Commission within a period of 15 days from the date of issuance of such notice. The PIO shall be specifically asked to initiate if he desires to be heard in person before imposition of penalties by the Commission." |
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