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| PSC refuses answer scripts, CIC furious | | | Early Times Report
Jammu, Jan 21: The CIC has taken serious note of PSC's refusal to provide answer scripts to an applicant under RTI Act. A penalty notice has been served on the PIO with the direction of providing the sought information within 8 days.
Details available with Early Times reveal that one Narinder Singh, a resident of village Gantwal tehsil Chenani had filed an RTI application before the PIO of J&K Public Service Commission (PSC) on 07.08.2015 seeking copies of answer scripts and also complete information regarding marks obtained in essay (English Paper) of Combined Competitive (Mains) Examination 2013, under Roll No: 0400505 Open Merit Category.
As the information seeker did not received any response from the PIO of J&K Public Service Commission (PSC) as well as from the First Appellate Authority (FAA), he filed second appeal before the State Information Commission (SIC). After filing second appeal before the SIC, the PIO intimated appellant Narinder Singh vide his letter dated: 4.12.2015 that PSC 's precedent doesn't allows the Commission (PSC) to provide answer scripts. However, appellant was given an opportunity to inspect the answer scripts.
"The PIO as per section 7 of the J&K State RTI Act, 2009 was supposed respond to the RTI application as expeditiously as possible but not later than thirty days . The crux of the law is to provide information expeditiously ie even before 30 days. The PIO has not passed order on time. Hence penalty proceedings under section 17 of the J&K State RTI Act are initiated against the PIO J&K PSC Farooq Ahmed. His reply, if any, must reach this Commission within 15 days from the receipt of this order. Having not received information, the appellant filed first appeal before the FAA on 14.9.2015 seeking a direction from the FAA for giving information. The FAA was under legal obligation to adjudicate the first appeal within the stipulated period of time as provided under section 16 of the J&K State RTI Act, 2009" reads the order issued by State Chief Information Commissioner (CIC) G R Sufi on Jan 12th 2016
CIC's order reads: "The Commission is aghast to find such finding from a constitutional body like PIO of PSC. The J&K State RTI Act, 2009 is an enactment passed by the Legislature of the J&K State. This act has precedence even over the Officials Secrets Act Samvat 1977 and any other law for time being in force or any instrument by virtue of law other than the act. The precedence of the any Commission cannot be a basis for denying the right which has been legally confined on the residents of the state. The J&K State RTI Act, 2009 confers such right on the residents of the State with overriding effect keeping in view section 19 of the J&K State RTI Act,2009. The Hon'ble Supreme Court in the Case of CBSE v/s Bandopdhya has observed that providing information under the RTI Act is a general rule and denying the information on account of exemption or as provided under section 8 is an exception. Hence the PIO by passing such an order has floated all the canons of law. He is refusing to accept the mandate of the State legislature and is thus being in defiance against the State legislature. Though the act provides for inspecting the records of the public authority this is left to the choice of the appellant. PIO J&K PSC is directed to provide this information to the appellant within eight days from the receipt of this order. The appellant is also advised to inform the Commission about the receipt of the information and if he fails to receive the information within eight days time provided to the PIO, he is at liberty to file a complaint in this Commission as provided under section 15 of the J&K State RTI Act, 2009. With above directions, the second appeal is disposed of" |
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