Early Times Report
Srinagar, Oct 3: Chief Information Commissioner (CIC) G R Sufi, while dismissing its orders on an RTI plea, has directed GAD to reveal the reasons that led to the non-implementation of high court orders in the case of regularisation of two employees of revenue department.
The RTI activist, who had sought the reasons from GAD, was earlier denied the information by the PIO of GAD. After filing an appeal before the First Appellate Authority (FAA) in GAD, the information seeker didn't get the justice as the information was denied by the FAA as well, by invoking section 8 of the state RTI Act. Details available with Early Times reveal that Mohammad Jamal of Rawalpora, Srinagar, filed an RTI application before GAD PIO on May 18, 2015, seeking certain information about the reasons for not implementing the high court orders regarding regularization of two contractual employees of revenue department. The PIO passed order promptly on May 18, 2015 itself, rejecting the appellant's request on the plea that the information does not constitute information in terms of the definition of information under Section 2 of the J&K RTI Act, 2009. The appellant being aggrieved of the order of PIO, preferred first appeal before FAA on 27-05-2015. The FAA, after hearing him, adjudicated the first appeal, upholding order of the PIO that the information so sought does not fall under the definition of information given in section 2 of the J&K, RTI Act, 2009. However, the FAA directed the PIO to provide information on two points, as per RTI application.
Again aggrieved of the order of FAA, information seeker approached State Information Commission (SIC) with his 2nd appeal on 18-08-2015 with a prayer that direction may be given to the PIO, GAD for providing him information.
The commission heard both the parties on September 18. After going through the records during the case hearing, CIC Sufi found that the appellant had not filed his application in accordance with law as laid down under Section 3, read with Section 6 of the J&K, RTI Act, 2009. Appellant has wasted his time and money by depositing a fees of Rs 100 whereas the prescribed fee is only Rs 10. The CIC order said, "The Commission upholds the contention of the PIO that as the file was rooted through Revenue Department, hence the information pertained to the Revenue Department and has to be given by the PIO, Revenue Department. Similarly, Commission also agrees with the contentions of the appellant that after file being received by GAD from Revenue Department, there would be certain file notings made by GAD. These notings and other relevant information generated by the GAD and if asked by the appellant in his RTI application constitutes an information, which hereby is directed to be disclosed within 15 days of the receipt of this order. Similarly, information regarding reasons for delaying regularization case asked at various points of information be also provided to the information seeker, only if said reasons are recorded somewhere in the record of GAD or Revenue Department." |
