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| Availability of KAS slot under SC quota SIC sets aside GAD order, directs to reveal info | | | Early Times Report
Srinagar, July 24: The State Information Commission (SIC) has set aside the order of the General Administration Department (GAD) wherein it had denied to reveal information under RTI Act about the availability of a KAS slot under SC quota for Rural Development Department (RDD) feeding service in 2006. The SIC has directed the GAD to provide the said information under RTI Act to the information seeker. Details available with Early Times reveal that one Prince Sharma, a resident of Poonch filed an application RTI Act before PIO, General Administration Department, Civil Secretariat on 06-02- 2015, seeking following information
a) Whether a slot of SC category of 2006 of feeding cadre RDD was vacant on 01-01-2009 for induction into Time Scale of KAS?
b) If yes, then who was promoted to Time Scale of KAS against such slot?
c) How many officers of all Departments (Direct and Promotee) selected under ALC/RBA category since a996 has not given minimum tenure of posting required in these areas? Give name and designation of each officer?
d) How many officers of all Departments are continuing their posting in the same District for more than eight years? Give name and designation of each officer?
PIO passed an order on 06-02-2015, i.e. on the same day when RTI application was received. PIO rejected the request of appellant on the plea that information sought is in the shape of a questionnaire, which does not cover under the definition of the information as laid down under Section 2(d) of J&K RTI Act, 2009. Aggrieved by the decision of PIO, appellant preferred first appeal before First Appellate Authority (FAA) , GAD on 19-02-2015, stating therein that his request under RTI was rejected without any valid reasons. He also alleged that the information sought was available with GAD and was not to be generated. First Appellate Authority (FAA), GAD upheld the findings of PIO. Thus, he too rejected the request of the appellant with the observation which reads as : " I am not inclined to believe that the information sought by the applicant (appellant) conforms to the definition of the information. It is indeed a questionnaire. I, hence do not find merit in the appeal and rejected it." SIC decision dated 1.7.2015: The Commission has gone through the facts of the case and perused the records and has also heard Amir Hussain, representative of the PIO, GAD. Though in principal, Commission agrees with the findings that the definition of information does not include any hypothetical questionnaire, the fact remains that if the information sought in the shape of a questionnaire is available on the record and within the possession of the public authority or is held by the public authority, then the information has to be provided, if not prohibited under Section 8 of the J&K RTI Act, 2009. The Commission had provided copy of the 2nd appeal to the PIO, GAD vide Commission's notice dated: 10-06-2015, wherein appellant had stated that the "information is available on record and has not to be generated." This assertion of the appellant has not been rebutted by the PIO. Hence, Commission safely presumes that the information may be available on the record and therefore directs the present PIO, General Administration Department to have an re-look on the request of the appellant and if the said information is available on the records or is already on the website of GAD, same shall be provided to the information seeker within 15 days of the receipt of this order. The SIC order further reads as : " The information sought is on an important issue of posts to be created for reserved and general candidates. The PIO should have not rejected the request of the appellant in a huff on the same day when application was received. He should have first ascertained from the records and then decided whether to reject the application or not. Now, if the present PIO also finds that there is no such information available on record, he should authenticate the same through an affidavit before the Commission within 20 days of the receipt of this order" |
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