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Non compliance of SIC order by PSC
CIC puts PIO on notice
3/19/2015 11:44:27 PM
Early Times report

JAMMU, Mar 19: A senior officer of Public Service Commission (PSC) has once been issued with a penalty notice by the Chief Information Commissioner (CIC) of State Information Commission (SIC) G R Sufi as the Public Information Officer (PIO) of the PSC failed to implement the orders of the SIC wherein it had directed PSC to provide information sought by an information seeker under J&K Right to Information Act (RTI). The CIC has also directed the PIO to explain why his case may not be recommended for disciplinary action?
Details available with Early Times reveal that a complaint for Non-compliance against the PIO J&K Public Service Commission was filed by one Shiv Shankar Sharma a resident of village Karayara, Hiranagar Jammu . The complainant had filed an RTI application before the PIO, J&K Public Service Commission on 7.2.2014 seeking certain information. PIO passed an order on 19.2.2014 informing the information seeker that information sought by him is already in public domain and with regard to other information pertained to third party.
Aggrieved with the order of PIO, information seeker approached First Appellate Authority (FAA) ie Secretary PSC with first appeal. The FAA did not adjudicate the first appeal and this forced the information seeker to approach State Information Commission (SIC) with second appeal seeking a direction and appropriate action against the erring PIO/FAA for not complying with the provisions of RTI Act.
The State Information Commission heard both the parties during the case hearing on 09.07.2014 and restored back the case to PIO with the direction to decide RTI application in accordance with law and the appellant was also advised to appear before the PIO/FAA as and when required. But the PIO failed to act as per the directions of the Information Commission (SIC) and the complainant once again approached SIC vide his application dated: 1st January, 2015 praying therein for a direction to the PIO for providing the complete information to him as sought by him vide his RTI application.
SIC order reads as :
"Commission heard both the parties on 09.03.2015. It was established before the Commission that PIO has failed to comply with the directions of this Commission passed vide its order dated: 09.07.2015 and has not provided the required information to the information seeker within the stipulated period. Accordingly, PIO, J&K Public Service Commission is directed to explain why penalty proceedings as provided under Section 17 of the J&K State RTI Act, 2009, may not be initiated against him for not providing the information to the seeker within the period stipulated under law. He should also explain why his case be not referred to competent authority for taking disciplinary action against him under service rules. His reply, if any, must reach this Commission within 15 days. Besides, he is directed to provide the relevant information to the information seeker"
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