news details |
|
|
| SIC stays GAD order to give out personal info of KAS officer | | | Early Times Report
Jammu, Mar 1: The SIC has stayed GAD order seeking personal information of a KAS officer.
The Commission in its order said that making this information public will not serve any public interest and thus ordered for not revealing the said information.
Details available with Early Times reveal that one Mohammad Ishaq Shah, KAS, Additional Secretary to Government approached State Information Commission (SIC) with an appeal for stay against the order of First Appellate Authority (FAA) of GAD dated: 19.10.2015 requesting the Commission that none of the information sought under the RTI Act pertaining to himself and his children be provided by the GAD to the information seeker namely Ghulam Mohammad Shah S/o Ghulam Rasool Shah R/o Pazwalpora, Rafiabad Baramulla. He requested the commission that first appeal made by the said applicant before the GAD may be rejected as it's a family dispute and is being heard in the court of law. Any sort of information if provided to the information seeker would affect the proceeding of the said courts.
The information seeker along with his brothers plotted many times to kill myself, my wife and my children but only the God saved us from their clutches.
The documents sought are personal of the person against whom such information is sought and is covered under section 8 of the RTI Act. Since the information sought is of a third party, as such cannot be provided to the applicant.
After listening the grounds of appeal on 18.2.2016 the State Information Commission (SIC) went through the facts of the case and established that RTI application was filed by the information seeker (step brother of the aggrieved party) before the PIO- General Administration Department (GAD) on 6.8.2015 to seek the information.
The GAD - PIO responded to the RTI application by invoking section 11, and sought the objections of the respondent Aijaz Ahmed Shah Additional Secretary to Govt Revenue Department (3rd party ) for any objection for disclosing the information. Aijaz Ahmad Shah objected the disclosure on the plea that the disclosure of information will be an infringement of his privacy and the information is sought with a malafide intention.
The PIO evaluated the objections of the appellant and the objections of the third party and the nature of information so sought.
The PIO accordingly held that there was no larger public interest involved in disclosing the information and accordingly rejected the application filed under section 6 of J&K RTI Act, 2009 for obtaining the information.
The State Information Commission (SIC) in its order appreciated the procedure followed by the PIO because the Commission's observations has been that the concept of third party has not been understood by most of the PIO(s) and stayed the GAD order.
The information seeker Ghulam Mohammad Shah (step brother of Additional Secretary Revenue) filed first appeal before the First Appellate Authority (FAA) of GAD which was adjudicated upon by the FAA vide his order dated: 19.10.2015 after hearing both the parties i.e the PIO and the appellant Puneet Sharma, Additional Secretary-cum-FAA GAD passed a detailed order and issued directions to the PIO -GAD for providing point wise reply to the appellant as per the mandate of the RTI Act. Before the order of the FAA was implemented, the third party (Mohammad Ishaq Shah Additional Secretary Revenue Department) moved approached State Information Commission (SIC) vide his communication dated: 20.10.2015 taking recourse to sub section 5 of section 16 of J&K State RTI Act, 2009.
The Commission admitted the appeal of the third party and listed the case for hearing and ordered the PIO not to disclose the information till the disposal of the appeal by this Commission. The Commission accordingly heard the parties, i.e the PIO, the FAA, the information seeker and the third party during several hearings.
The third party was required to give his submissions for non-disclosure of information.
The third party has stated that there is a dispute of property between him and the information seeker who is his step brother and which was sub-judice in the court of Munsif Dangiwacha and CJM Sopore.
Any sort of information, if provided to the information seeker, will affect the proceedings of the said court. The documents sought are personal of the person and is covered under section 8 of the J&K State RTI Act, 2009. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
