| SIC issues penalty notice to DSEK PO, SO | | | Early Times Report
Srinagar, May 10: Following denial of information under RTI Act to a government school teacher about the teachers, who had been given permission to undergo PhD by the directorate of school education, Kashmir (DSEK), state information commission (SIC) has asked the concerned personal officer (PO) and sectional officer (SO) to explain as to why penalty proceedings under section 17 of the Act shall not be initiated against them.
Details available with Early Times reveal that one Muzaffar Gul Wagay of Bhejbehara, Anantnag, filed the second appeal under RTI Act 2009 on February 9, 2016 against FAA/PIO, DSEK. He had submitted the RTI application to DSEK on September 1, 2015. On expiry of 30 days, he submitted an appeal to the first appellate authority (FAA) on October 1, 2015 for not receiving information within 30 days from PIO.
Wagay had sought information about the status of his Ph D file, inquiry regarding delay and information about the candidates who had been given permission for Ph D since 2012. DSEK PIO Zahoor Ahmad Banday filed reply to the appeal dated March 9, 2016, submitting that RTI application dated September 1, 2015 was forwarded to SO teaching vide memo dated September 4, 2015 under section (5) of J&K RTI Act. In response to the February 17, 2016 SIC notice, DSEK PO provided information vide letter dated February 22, 2016 and the same was forwarded to information seeker on February 23, 2016. Similarly, First Appellate Authority (FAA) Saif Ali Chouhan filed reply on February 23, 2016 with a copy to the appellant. According to the PO's reply, Wagay's record had been washed away during the September 2014 floods as per the inventory of the file of teaching section.
The PO advised him to attend the directorate to settle his case afresh. PIO had enclosed inventory of files that got damaged in the September 2014 floods. The file pertaining to his study leave was listed at S No 24.
In compliance to the SIC directions conveyed through the April 12, 2016 notice, DSEK PIO produced a copy of letter of DSEK addressed to education commissioner on the subject: "Grant of permission for pursuing Ph D/M Phil/PG programme on part time/full time basis". The DSEK FAA informed SIC that the appellant's file for pursuing Ph D course was pending only for want of some documents and DSEK PIO had written to the Anantnag CEO in this regard vide a letter on April 28, 2016 to inform the teacher to attend his office on April 1, 2016.
SIC order dated May 2, 2016 reads as:
"From evidence brought before Commission, it is evident that study leave file of Wagay has been damaged due to floods. Accordingly, appeal is disposed of with direction to DSEK PIO to send the copy of reply of Personal Officer dated April 28, 2016 and reply of point (D) of RTI application to appellant within one week. As per reply of PIO/DSEK, the RTI application has been forwarded to SO teaching on September 4, 2015 under Section (5) which has been responded by the PIO. In view of the above, PO and SO teaching (deemed PIOs) are directed to explain as to why penalty proceedings under section 17 of the Act shall not be initiated against them for delay in providing information to the PIO in response to his letter dated September 4, 2015 within two weeks." |
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