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| Provide copy of certificate under RTI: SIC to BDO Chadoora | | | Early Times Report
Budgam, Apr 13: The State Information Commission (SIC) has directed the Block Development Officer (BDO) Chadoora in Budgam district to provide copy of qualification certificate of a selected candidate for the post of Data Entry Operator , to an aggrieved person under RTI Act. The Commission has made it clear that qualification certificate is not at all a person document of a person if the same is sought by an aggrieved especially at a time when some doubt arises about the authenticity of such document. The Information Commission also issued show cause notice to ACD Budgam for not adjudicating the RTI appeal filed before him by the aggrieved person.
Details available with Early Times reveal that one Naseer Ahmad Malla R/O Sogam Chadoora sought information regarding a selected candidate Bilal Ahmad Shah, Accountant Cum Data Entry Operator Rural Development Department d who was appointed vide order No. 628- ACDB of 2015 dated 27.02.2015.
The PIO cum BDO Chadoora did not provided information as sought by the information seeker Naseer Ahmad Malla within the stipulated time. The aggrieved information seeker sought intervention of State Information Commission (SIC). The BDO Chadoora filed counter statement submitting that the information asked by the appellant pertains to a particular person, disclosure of which has no relationship to any public activity or interest (as per section 8 Para (i)).
The RTI applicant was asked by SIC to justify that the information he is seeking is in larger interests of society vide reference given in the reply. Appellant Naseer Ahmad Malla submitted before SIC that he was also an applicant for the post of Accountant cum Data Entry Operator, but was not selected. The appellant submitted that he has doubts about authenticity of the Certificate, on the basis of which the candidate Bilal Ahmad Shah has been appointed as Accountant cum Data Entry Operator and therefore the information sought is in public interest. The appellant produced a copy of communication from Dr. Zahoor Ahmad Magray, Project Officer, Wage Employment (ACD) Budgam addressed to DC Budgam on the First Appeal under RTI Act, 2009, where under he has concluded that the concerned BDO forwarded the qualification Certificate of the appointee for verification, which is still awaited.
The Commission noted with dismay that the ACD Budgam who is also the First Appellate Authority (FAA) has not marked copy of this communication to BDO Chadoora, who is designated PIO and who has to implement the order. The Commission also noted that FAA has not adjudicated the appeal in accordance with Section 16 of the Act. He has also not filed reply/counter statement of the notice of the Commission and is thus liable for action for non compliance.
"Accordingly, FAA Dr. Zahoor Ahamd Magray, Project Officer Wage Employment (ACD) Budgam is directed to explain as to why action in terms of provisions of the RTI Act shall not be taken against him for non-compliance and for not passing order on the First Appeal" reads SIC order dated 31.3.2016
SIC order further reads: "The information sought pertains to Certificate of a candidate, who has been appointed as Accountant cum Data Entry Operator on the basis of the certificate, which has been sought by the appellant in the RTI application. The Commission is of the view that document/certificate on the basis of which a candidate is appointed in Government Service, such document ceases to be personnel information.
The Commission in earlier decisions also has allowed disclosure of certificates on the basis of which appointment in Government Departments have been made. The FAA has also taken a similar view in his communication addressed to DC on 09.10.015 informing that information will be provided to the engage when received. Accordingly, BDO Chadoora is directed to provide the certificate of the candidate on the basis of which he has been appointed as Accountant cum Data Entry Operator to the appellant within two weeks. BDO pointed out that although he has given response to the RTI application, vide letter dated 04.12.2015, appellant has concealed this aspect and has instead alleged that no information has been provided. This plea of the BDO is true as per records and therefore no action for delay is warranted." |
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