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| SIC issues penalty notice to PHQ for denying info | | Conversion of SPOs' as constables | | Early Times Report
Jammu, June 6: The State Information Commission (SIC) has directed the J&K Police Head Quarters (PHQ) to reveal information about the process involved wherein Special Police Officials (SPOs) were converted as Constables by the Police Department from October 2014 onwards. The said information was denied earlier under security grounds by the AIG (CIV) who is also the Public Information Officer (PIO). The matter finally landed in J&K State Information Commission (SIC) which gave direction for revealing the information under J&K RTI Act 2009. The SIC also issued penalty notice against the PIO (AIG-CIV) as he failed to present himself before the SIC during its recent hearing at Srinagar on May 25th.
Details available with Early Times reveal that one Ajay Kumar Advocate J&K High Court Jammu filed an application under J&K RTI Act before PHQ, addressed to the office of DGP. Information seeker sought following information Order the Director General of Police (PHQ) and Police establishment Board recommended the name of SPO's as regular member of the Police Parivar. (b) Copies of all orders along with selection list of those SPO's who were absorbed as Constables and followers by DGP(PHQ) Srinagar with effect from October 2014 to till date.
Rajeshwar Singh, AIG (Welfare), PIO, PHQ disposed of the application vide No.PHQ/RTI/114/2015/1128-29 dated 29.08.2015 and provided information to part (a) of the RTI application, but denied information at point (b), invoking Section 8 (f) of J&K RTI Act i.e. 'information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes' stating that selection list cannot be disclosed in view of security of beneficiaries / State.
Aggrieved by the reply of PIO, appellant filed First Appeal against the order of the PIO on 19.09.2015. The IGP(CIV) PHQ J&K Srinagar (First Appellate Authority-FAA) disposed of the First Appeal vide order dated 28.10.2015, concluding that: "arguments regarding non-providing of the Selection list of SPO's/Followers converted as Constable under the plea of Security of State cannot be considered in view of the section 8 of the RTI Act, 2009 It is hereby ordered that the information regarding the selection list of the covered list of SPO's/Followers may please be provided to the appellant without further loss of time as the information is not exempted under the RTI Act, 2009.
Inspite of orders from IGP (CIV) PHQ, information was not provided by the PIO. Subsequently 2ndappeal was filed before State Information Commission (sic) on 25.01.2016 against non-issuance of required information in pursuant to the application dated 25.07.2015 and order of the PIO dated 29.08.2015.
In response to the notice of the Commission dated 09.02.2016, Kulbir Singh (AIG CIV)/ PIO PHQ J&K Jammu filed reply/counter statement dated 16.02.2016 interalia submitting that the matter was taken up with AIG (P)PHQ vide letter dated 11.08.2015 and in response AIG (P) PHQ vide his U.O. No. AIG(P)/PA/RTI/2015/951 dated 26.08.2015 submitted copy of Home Department order, however, the copy of selection list cannot be shared in view of security of beneficiaries/State. Accordingly same information was provided to the applicant vide letter dated 29.08.2015. That FAA PHQ after perusal of records issued order with the directions that the information regarding the selection list of the converted list of SPOs/Followers may please be provided to the appellant without further delay and accordingly his office requested AIG(P) PHQ to furnish the requisite information for onward transmission to the appellant. In response to this correspondence, AIG(P) PHQ submitted reply vide U.O. dated 08.12.2013(should have been 2015) and the same information was provided to the applicant vide letter dated 09.12.2015. PIO has concluded that information with regard to providing of list of SPOs who have been selected cannot be shared with the applicant in view of security of beneficiaries/state as 109 SPOs have been absorbed on operational ground. PIO has requested that appeal may kindly be dismissed.
During proceedings in the State Information Commission (SIC) on 07.04.2016, Kulbir Singh, AIG CIV-cum-PIO, PHQ J&K Jammu was directed to 'provide copy of letter dated 16.02.2016 and reply dated 06.04.2016 to the appellant for filing rejoinder, if any, within one week with a copy to the respondents'. The appellant filed rejoinder to the reply dated 16.02.2016 and 06.04.2016 filed by PIO informing him that as per Government Order No. Home/PB-III/62/G/2008 dated 25.09.2009 SPO's numbering 109 and 493 were absorbed as Constable and Followers in the Police Department and refused the selection list and order without further delay. That PIO has disclosed the rehabilitation policy, which is not relevant pertaining to this appeal, because the appellant does not mention the word rehabilitation policy in the basic application.
SIC order dated 25.5.2016 reads as: "That stand taken by PIO is meaningless because FAA decided the appeal in the presence of PIO. Therefore, PIO has no right to deny the information at this stage.
That PIO is refusing the selection list and order of the SPOs numbering 109 and 493 which is published in the news paper dated 12.10.2014 and 07.07.2015 without sufficient reasons. In view of above submission, appellant has prayed that PIO be directed to provide all orders along with selection list of SPOs who were absorbed as Constables and Followers by DGP (PHQ) Jammu w.e.f. October, 2014 till date. Notice dated 19.05.2016 was issued to Sham Lal Sharma FAA/IGP (CIV), PHQ, J&K and Kulbeer Singh AIG(CIV)/PIO to appear before the Commission on 25.05.2016 at 01.30 pm at Srinagar Office of the Commission, with copy to the appellant. Appellant attended the hearing at Jammu office through Video Conferencing; however, neither FAA nor PIO appeared before the Commission though notice was sent to them through prescribed mode of service"
SIC order further reads as: "The Commission has considered the submission made by the appellant and reply/counter statement of the respondents, from which it is evident that there is a set policy for appointment of SPO's as Constables/Followers. Therefore, the information sought with regard to selection list of SPO's shall serve larger public interest. The FAA Shyam Lal Sharma, IGP, who is a senior Police Officer, having considered all aspects of the appeal, ordered disclosure of selection list only. In view of the above, the Commission reiterates the decision of FAA and directs PIO/AIG(CIV) PHQ J&K, Srinagar to disclose the information as directed by FAA in his order No. RTI/FAAIGP(CIV)/24/2015/369-70 dated 28.10.2015 as referred to at para 9 above. The Commission has taken a serious note that PIO has defied the directions of FAA and is therefore in breach of the provisions of the Act.
Accordingly, Kulbir Singh (AIG/CIV)/PIO PHQ J&K Srinagar is directed to explain as to why penalty proceedings may not be initiated against him for not complying with the orders of FAA, which forced the 8 appellant to file Second Appeal in the Commission. His explanation should reach the Commission within two weeksfrom the date of receipt of this order. Appeal is disposed of subject to the above directions". |
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