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| Govt regularizes casual labourers, need based workers without following official guidelines, reveals RTI | | | Early Times Report
Srinagar, Oct 31: A RTI has revealed that state government has regularized hundreds of casual labourers and need based workers during the past several years but while regularizing them authorities have not followed official guidelines.
A Right to Information (RTI) query filed in the office of Chief Engineer PHE Kashmir has exposed a mega backdoor employment scam in Jammu & Kashmir.
Details available with Early Times reveal that Abdul Kabir Khan S/o Mohammad Afzal Khan R/o Mohalla Manthran, Mohura, Tehsil Bonayar District Baramulla filed a second appeal before the State Information Commission (SIC) on 24.09.2015 under Section 16 of the J&K RTI Act 2009 against First Appellate Authority (FAA) and Public Information Officer (PIO) office of the Chief Engineer PHE Kashmir on the ground that he filed an RTI application before PIO Chief Engineer PHE Kashmir through registered post on 03.07.2015. The information seeker sought information on 15 points which includes details of Govt circular / order about regularizing of casual employees , need based workers in PHE. Out of 15 points query No. 1 to 3 pertains to office of the Chief Engineer PHE Kashmir and query No. 4 to 15 pertains to SE Hydraulic Division Sopore. As no response was received from PIO, after a period of 30 days, he filed first appeal before FAA in the office of CE PHE Department Srinagar through registered post on 03.08.2015. That after filing of the first appeal he received a letter through ordinary post from PIO in the office of Chief Engineer PHE Kashmir, wherein his RTI application was transferred to Technical Officer to CE (Deemed PIO). This letter was sent to him on 16.07.2015. The applicant was expecting an order to be passed by the FAA directing PIO to provide him the information under provisions of Section 7(6) of the Act, but again no action has been taken to his first appeal filed on 03.08.2015. The FAA office of the Chief Engineer PHE Kashmir did not adjucated his appeal even after as the prescribed time lapsed; so under the provisions of Section 16 of the J&K RTI Act, the appellant requested the State Information Commission (SIC) to admit his second appeal and direct the concerned public information officers to provide him the information at an earliest.
The PIO in the office Chief Engineer PHE Kashmir has filed reply to the second appeal stating that the RTI application filed by the appellant was received by him on 14.07.2015 and same was referred to Technical Officer to CE on 16.07.2015 for providing information at points 1-3. The information sought from Technical Officer was received by appellant on 23.07.2015. On receipt of the information from the Technical Officer, PIO requested information seeker vide letter 28.07.2015 to deposit an amount of Rs 4/- as stationary charges. Whereas no response was received either in writing or telephonically in this regard till the date of case hearing at SIC office in Srinagar on 21.10.2015.
The appellant in his second appeal before SIC admitted that he received the intimation for depositing of Rs 4/- but only after filing of second appeal. The PIO submitted that on receipt of the notice of the Commission, information comprising of two leaves has been sent to the appellant on 8.10.2015 free of cost.
The representative of the appellant namely Deepak Chabra S/o Jaspal Chabra R/o Mohura Boniyar Uri District Baramulla admitted to have received the information. He, however, pointed out that he is not satisfied with reply to point 3 that "there are no guidelines as on date for regularization of need based casual labours". The appellant argued as to how these employees are regularized without any guidelines. The Commission was in agreement with the plea of appellant that there should be some circular or guideline or SRO on the basis of which need based/Adhoc employees were regularized by the Government from time to time in recent past. During proceedings in the Commission on 21.10.2015 , it came to the fore that such workers employed prior to 1995 have been/are being regularized by the Government.
SIC order reads as :
"In view of the above, PIO to Chief Engineer PHE Kashmir is directed to make an effort to trace out the relevant information pertaining to point 3 and provide the same to the appellant free of cost. This should be complied within two weeks from the issuance of this order. The Commission has taken note of fact that first appeal filed by the appellant before FAA office of the CE PHE Srinagar Kashmir through post on 03.08.2015 has not been dispose off by the FAA. As per Section 16(1) of the Act, "Any person who does not receive a decision within the time specified in sub-section (1) of clause (a) of sub-section (3) of the section 7, or is aggrieved by the decision of the Public Information Officer, may within thirty days from the expiry of such period or from the receipt of such a decisions, prefer an appeal to such officer who is senior in rank to the Public Information Officer, in each Public Authority. In the instant case, Private Secretary to Chief Engineer is the PIO and therefore by virtue of provisions of the act, the Chief Engineer PHE Kashmir is the deemed FAA"
The order further reads as :
"The Commission has noted that in response to notice of dated 26.10.2015, the FAA/CE, instead of filling reply/counter statement to the Commission, has asked SE Hydraulic Division Baramulla/Bandipora and PIO's to attend the Commission. It is
therefore evident that he has not even bothered to go through either the appeal or notice of the Commission. Therefore, prima facie, CE PHE is at default for violation of the provisions of the Section 16 of the Act. Accordingly, Chief Engineer PHE Kashmir is directed to explain his position for failure to decide the first appeal filed before him through registered post on 3.11.2015. His explanation, if any, should reach theCommission within two weeks. The information sought by the appellant are guidelines/SRO's etc for regularization of employees. This type of information falls within Sub-Section (b) (v) of Section (4) of the Act, and Public Authorities are under obligation to publish/disseminate this and other information contained in Section (4)(b) within 120 days of enactment of the Act, so that citizens do not have to file application of such information of general nature. However, the Department has not made any such disclosure of information on its website and therefore CE PHE Kashmir is at default on this account. Accordingly, Registry/Secretary shall issue notice to CE PHE Kashmir for non-implementation of Section 4 and seek his explanation in this regard". |
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