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| SIC says answer sheets can't be provided; RTI activists refute direction | | Appointments made in YSS Kargil | | Early Times Report
Srinagar, July 18: The State Information Commission (SIC) in its order has said that answer sheets cannot be provided under RTI Act as it involves the 3rd party. Some RTI activists have however criticized the said order as according to them answer papers have previously been provided on the direction of State Chief Information Commissioner (CIC). The commission has however directed the Deputy Director Employment Kargil to provide all other necessary documents to an RTI applicant about selection process undertaken during appointments made in Youth Services & Sports (YSS). The officer according to SIC order had earlier denied to provide information about the appointment process undertaken by the District Services Selection Board (DSSRB).
Details available with Early Times reveal that one Fayaz Ahmad a resident of Kharboo Drass district Kargil filed Second Appeal on 06.02.2016 against Deputy Director District Employment and Counseling Centre Kargil and Chairman DSSRB, DC Kargil. Fayaz Ahmad had filed an application before Disttt Employment Office Kargil under J&K RTI Act 2009 dated 05.10.2015. Information seeker alleges that PIO failed to proved the required information within prescribed period i.e. by 05.11.2015. Thereafter, he filed First Appeal before Deputy Director District Employment Kargil under Section -16 of the J&K RTI Act 2009 on 05.11.2015. This appeal was filed challenging the denial of information by Employment Department Kargil.
Appellant Fayaz Ahmad prayed before the SIC that respondents be directed to pay penalty under Section-17 of the J&K Right to Information Act, 2009 for failure to provide the required information within the prescribed time period and direct respondents to provide the information sought without further delay and any other relief which the Commission deem fit and proper in favour of the appellant.
Dy. Director District Employment and Counseling Centre Kargil who is also the First Appellate Authority (FAA) submitted before the Commission that hard copy of answer sheet of the appellant and criteria/award list has been provided to applicant. However, Xerox copy of the answer sheets of all selected candidates was not provided due to involvement of 3rd party. As regards xerox copies of answer sheets of the candidate i.e. appellant, PIO has invited the appellant for inspection of his answer sheet.
According to the SIC order Information on other points has been provided except in respect of Point-5, where the information sought pertains to answer sheets of other selected candidates. This has been denied by the PIO on grounds of "third party information". This response of the PIO is in accordance with the consistent stand of the Commission in similar cases. Accordingly, appeal is disposed of with above directions."
"One Dr Riyaz Ahmad Dagga who was denied answer papers of MD Medicine examination held by SKIMS in 2012 , was provided the same after the intervention of State Information Commission (SIC) when G Sufi headed the Commission. It is unfortunate that present commission violates its own orders by issuing this type of order.
RTI Act clearly says that information which cannot be denied to an MP or MLA cannot be denied to an information seeker. Can SIC deny this information to an MP or MLA of state ?" questions Umaan Omar a senior RTI activist. |
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