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| Suspension of JU Prof: SIC seeks copy of order | | | Early Times Report
Jammu, Apr 1: The State Information Commission (SIC) has directed University of Jammu (JU) to provide copy of the suspension order of a University teacher under RTI Act . The said information was earlier denied as university had invoked section 8 (1) (i) of J&K RTI Act 2009 ie (personal information).
Details available with Early Times reveal that one Dr Rajini Sharma filed 2nd appeal under section 16 of the RTI Act, 2009 before the State Information Commission (SIC) on 29.01.2016, stating that she had requested for the information initially on 26.10.2015, through RTI. The concerned PIO replied to her on 20.11.2015, stating that it is personal information and, therefore, cannot be provided. Aggrieved by the response of the PIO appellant filed First Appeal before Registrar JU . Since Dr Rajini didn't get the accurate information which she had applied for, the appellant requested the Commission to direct concerned officers to provide information. Information seeker Dr Rajini Sharma had sought copy of the office order bearing No. Adm/TW/07/7142-96 dated: 15.02.2007 where-under Dr. Falendra K. Sudan was (placed) under suspension; Copy of prayer dated:17.05.2007, submitted to the Vice Chancellor regarding reinstatement to avoid further hardship by Dr. Falendra K. Sudan.
The records reveal that PIO has disposed of the RTI application of the appellant vide letter dated: 20.11.2015, stating therein that the information sought by the appellant falls within the prohibition under section 8 subsection 1(i) of Jammu & Kashmir Right to Information Act, 2009. The PIO has also referred to decision of Hon'ble Supreme Court in the matter of Girish Ramchandra Deshpande versus Central Information Commissioner & ors. The First Appeal was adjudicated by the Registrar, University of Jammu vide order dated: 21.02.2016, wherein he upheld the decision of the PIO.
In compliance to directions of the Commission Dr. Rainoo Bhai, PIO-II, University of Jammu has filed counter reply on 11.03.2016, interalia submitting that as per directions of the Hon'ble State Information Commissioner copy of JU's order No. Adm/TW/07/7142-96 dated: 15.02.2007 and copy of prayer dated: 17.05.2007 , have been provided to appellant against proper receipt. Appellant Dr. Rajni Sharma admitted before SIC to have received this information to her satisfaction.
SIC's in its order ruled "Information seeker Dr Rajini Sharma had sought copy of an order under which suspension of Dr. Sudan was withdrawn on the basis of prayer submitted by Dr. Sudan to Vice Chancellor. Ordinarily orders of suspension and reinstatement are published in Government Gazette and, therefore, providing such information does not get covered under section 8(1) (i) of the Act. Further the information sought do not relate to the performance of an employee/officer as referred to by the PIO in her reply citing the decision of Hon'ble Supreme Court in the matter. Therefore, Commission is of the considered view that disclosure of information relating to orders of suspension and reinstatement involves larger public interest and these should be disclosed." |
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