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| Info about selection of POs: SIC serves penalty notice to police officer | | | Early Times Report
Jammu, Mar 22: The State Information Commission (SIC) has issued penalty show cause notice against a senior police officer (AIG Personnel) as he failed to dispose off an RTI application within the stipulated time. An information seeker vide his RTI application had sought certified copies of answer books vis a vis examination conducted for the post Prosecuting Officers recently.
Details available with Early Times reveal that one Syed Mudasir Farooq, a resident Sallar Anantnag filed an application under J&K RTI Act 2009 in the office of Director General of Police, PHQ, Jammu on 22-06-2015, seeking copy of his answer book as well as answer books of few other candidates who along with had appeared in the examination for the post of Prosecuting Officer in Police Department. The AIG who is also the PIO, PHQ, vide his letter dated: 25-06-2015 sought assistance of AIG (Personal), J&K for providing information. The AIG (Personal), J&K vide his letter dated: 04-09-2015 intimated the PIO that information was still not completed and will be provided soon after the process of recruitment is finalized. The AIG (Personal), J&K was to respond to the request of the PIO of giving assistance under Section 5 of the Act within an overall time period of 35 days for furnishing the response to the RTI application, which was not done. The PIO, PHQ later on vide his letter dated: 09-09-2015 intimated the appellant that information will be provided after it becomes complete.
The information seeker being aggrieved of the response of the PIO filed first appeal before First Appellate Authority (FAA) , PHQ, J&K on 30-09-2015, wherein, he requested FAA for directing PIO to provide information. The FAA fixed the hearing of appeal on 19-10- 2015 and sought attendance of both PIO as well as appellant. Ultimately, FAA adjudicated the appeal with a direction to the PIO, PHQ to provide information to the information seeker. As the FAA's order was also not complied and the information seeker Syed Mudasir Farooq approached the State Information Commission (SIC) with his 2nd appeal on 23-12-2015, seeking direction from the Commission for disclosure of information.
SIC's decision 16.2.2016 reads: "The Commission has gone through records and found that after the receipt of 1direction from the FAA, PIO took steps for complying the decision and immediately wrote to AIG (Personal), J&K vide letter dated: 13-11-2015 for providing information for its onward transfer to the appellant. The Commission found from the records that the officer, whose assistance was sought by the PIO did not respond to the requirement of the PIO as late as 11-02-2016. The Commission has gone through the communication of the DSP, Trainings, who is working under the administrative control of AGP (Personal), wherein PIO has been provided only copy of the Answer Sheet of the appellant only. Remaining information has not been given, because it has been treated as 3rd party information. It is unfortunate that even after RTI being in operation for the last six years, certain officers are still not aware of the provisions of the law. Section 11 of the J&K RTI Act, 2009 makes it clear that information pertaining to 3rd party cannot be denied at all. There is a detailed procedure laid down under this section which provides that if the PIO is of the opinion that full or part of the information pertains to the 3rd party, then PIO has to provide an opportunity to the 3d party and seek objection from 3rd party within a prescribed time.
The law further provides that it is then PIO, who has to decide whether the disclosure of 3rd party information is in larger public interest or not. If PIO find that the disclosure of information will be overwhelmingly in the public interest, then information will have to be disclosed, irrespective of the fact that information pertains to the 3rd party. As the assistance has been given after inordinate delay, therefore, Mr. Tahir Sajad Bhat, AIG (P), J&K is required to explain why proceedings under Section 5 read with Section 17 of the J&K State RTI Act, 2009 may not be initiated against him for not adhering to the provisions of the law. His reply, if any must reach the Commission within 15 days of the receipt of this order"
The order further reads as: "The PIO, PHQ submitted before the Commission that information with regard to answer sheet of the appellant has been received from the AIG(Personal) and has been delivered to the appellant vide letter dated: 12-02-2016 through speed post. The appellant is accordingly required to confirm Commission, receipt of the information.
The AIG(P), J&K is directed to provide remaining information to the PIO, PHQ and PIO, PHQ after going through section 11 of the Act will decide whether to disclose the information or not. With these directions second appeal is disposed off accordingly. |
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