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Govt shifts Secretary SIC prematurely
CIC not consulted
10/25/2015 12:16:22 AM

Early Times Report

Srinagar, Oct 24: The Government has again prematurely transferred Secretary State Information Commission (SIC), this time within a gap of just 4 months only. The Chief Information Commissioner (CIC) used to be consulted prior to posting or transfer of Secretary -SIC or any other staff members of Information Commission, but after Omar Abdullah former Chief Minister repealed the J&K RTI Rules 2010 in August 2012 , the Government now hardly consults the CIC as the said provision is no longer in the RTI Rules of 2012.
Details available with Early Times reveal that Ghulam Nabi Balwan was posted as Secretary Jammu and Kashmir State Information Commission (SIC) on May 18th this year and within a gap of just 4 months the said officer was transferred from SIC and posted as Deputy Commissioner Kishtwar.
Omar Abdullah and many top leaders of National Conference had been highlighting the so called achievements of their Government during 2014l elections by telling people that National Conference lead coalition Government enacted a strong version of Right to Information Act in J&K (J&K RTI Act 2009). But who knew that same Government will make the said law weak by amending its rules , and the leaders of National Conference still continue to be-fool people of this state by talking about enactment of this law in-spite of the fact that the said law has been almost made uselessness after its rules were amended in August 2012. The amended RTI Rules 2012 while discussing about the appointment of Secretary State Information Commission (SIC) says: Secretary means an officer appointed by Government not below the rank of Special/Additional Secretary to the Government, appointed by the Government as Secretary to the Commission," reads the section (d) of rule 9 of J&K RTI Rules 2012.
While Analyzing it , this indicates that Government has rendered State Information Commission toothless by clipping the powers of Chief Information Commissioner (CIC) and also degrading the rank and status of the Secretary State Information Commission who under the previous RTI rules could only be appointed if he was in the grade of a Special Secretary to J&K Government . Now in addition of bypassing the role of CIC in seeking his advice to appoint the Secretary for the State Information Commission (SIC), the Government could even appoint an officer of the rank Additional Secretary to Government as Secretary of the State Information Commission.
"What is the guarantee that within a few years in future the Government will appoint an officer as Secretary SIC who is holding the post of Deputy Secretary or even Under Secretary in the State Government ? From the last three years four Secretaries of SIC have been prematurely transferred and Chief Minister Mufti Mohammad Syed must take a serious note of it. This is not an issue of premature transfer but it is a step towards weakening of our RTI institution and the Govt is also equally responsible as they have failed to restore the 2010 RTI rules " said Dr Raja Muzaffar Bhat , Founder of Jammu Kashmir RTI Movement
"If the Chief Vigilance Commissioner of State Vigilance Commission can advice the Government in making appointment of staff for the Vigilance Commission, why cannot CIC have the similar role? Why isn't PDP-BJP coalition Govt repealing the existing RTI rules and restoring 2010 RTI Rules ?" said RTI Activist Uman Omar Javid
It is pertinent to mention that Chief Information Commission ( CIC ) G R Sufi had written a letter to former Chief Minister Omar Abdullah few years back asking for some changes in the RTI rules. During recent Convention of Central Information Commission at New Delhi Sufi had showed his great resentment over the present RTI rules in J&K.The pathetic approach of the Government towards the Information Commission could be ascertained from the fact that five Secretaries of State Information Commission viz Gazanffer Hussain , Shafiq Ahmad Raina, A R Natnoo, Manohal Lal Raina , and now Ghulam Nabi Balwan were transferred without the consent of G R Sufi Chief Information Commissioner and remained posted in SIC for mere 1 year or even less than that . Infact under 2010 RTI Rules CIC had a role and he was supposed to be consulted by Government during transfer / posting of Secretary or any other staff of SIC but during previous Govt (until August 2012) CIC Mr Sufi was hardly consulted by the Government.
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