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| Is PS to SKIMS Director lying ? | | Info delayed Info denied : SIC | | Early Times Report
Srinagar, Mar 4: Calling delay in providing information as denial of information , State Information Commissioner (SIC) M A Mir has sought a detailed report from SKIMS as to why copy of a communication made with CM's office was not kept available in the office of the Director. The matter came into notice of SIC when an information seeker filed an appeal before commission against the lukewarm attitude of SKIMS officials for not disposing off an RTI application.
Details available with Early Times reveal that an RTI application filed by one Khursheed Ahmad Khan R/O Watpora Bandipora on 10-06-2017 with the Public Information Officer (PIO) Sheri Kashmir Institute of Medical Sciences, (SKIMS) Srinagar seeking copies of the following documents:
1 Documents forwarded by Director SKIMS detailing selection of Governing Body and Apical Selection Panel and subsequently signed by Hon'ble Chief Minister, alongwith its annexure;
2. Letter written by Director SKIMS in response to the clarification sought by the Principal Secretary to the Hon'ble Chief Minister regarding resignation of Dr. Altaf Gauhar Haji due to alleged harassment
3. Present status of 'Mobile SKIMS' initiative which was going on smoothly till 2006.
As the PIO failed to provide the information to the applicant within the specified period, the applicant filed first appeal with the First Appellate Authority (FAA) SKIMS on 11-07-2017. This Appeal was not disposed of by the FAA within the prescribed period forcing the applicant to file this 2nd appeal before the State Information Commission (SIC) on 12-09-2017. The appeal was registered in the Commission on 26-10-2017.
The appeal came up for hearing before the Commission on 28-12-2017. The PIO SKIMS, Dr. Farooq Ahmad Jan appeared before the Commission and submitted that the information in respect of point 3 has been provided to the appellant on 11-11-2017. With regard to information relating to point Nos. 1 and 2, the PIO submitted that the same has not been provided to him by the office of Director, SKIMS, which alone holds the said information, on the ground of being confidential. During the hearing, the attention of the PIO was drawn towards section 8 of the Jammu and Kashmir Right to Information Act, 2009 and he was asked to specify under which of the clauses of this section he claimed exemption from disclosure of the information sought by the appellant. On his failure to justify exemption from disclosure of the information sought by the appellant, the PIO was directed to file a written statement specifying the relevant clause of section 8 of the RTI Act under which exemption of the information from disclosure is claimed by him. Vide interim order dated 28-12-2017, the Commission also brought it into the notice of Director SKIMS that being a Public Authority, it was his statutory obligation under the J&K RTI Act, 2009 to facilitate the access to information to the information seeker.
The appeal again came up for hearing before the State Information Commission (SIC) on 22-01- 2018. The PIO attended the hearing. However, he failed to file written statement claiming exemption of the information sought by the appellant from disclosure. On being asked by SIC to justify non-providing of information to the appellant, the PIO submitted that the information with respect to points 1 and 2 is held by the office of Director, SKIMS and the said office has refused to part away with the said information with the result he has failed to provide the same to the appellant. The Commission drew attention of the PIO towards sub-section (4) of section 5 of the J&K RTI Act, 2009 where under he has an option of seeking assistance of any officer as he considers it necessary for the proper discharge of his duties and advised him to formally seek the assistance of the office of Director SKIMS, if the information sought by the appellant is held by that office so that the said office is treated as PIO for any contravention of the provisions of the RTI Act in terms of section 5(5). Director SKIMS was also directed by SIC to either prove by filing a written statement that the information sought is exempted from disclosure or make available the same to the PIO so that he can furnish the same to the appellant.
The SIC ordered as follows on Feb 23 :
"Just as justice delayed amounts to justice denied, information delayed amounts to denial of information. Sub-section (1) of section 7 of the J&K RTI Act, 2009 specifies a maximum of 30 days for providing information to an applicant making a request for information. Sub-section (2) thereof provides that if the PIO fails to give decision on the request for information within the period specified under sub-section (1), the PIO shall be deemed to have refused the request. In other words, information delayed is information refused or denied. By virtue of section 19, the RTI Act overrides not only the State Official Secrets Act, Samvat 1977 but all other laws for the time being in force, or instruments having the effect by virtue of any law other than the RTI Act, so far as they are inconsistent with the provisions of the RTI Act. Therefore, after the commencement of the RTI Act, 2009 every kind of information like any material, document, record, order, report, paper, file etc held by a public authority is subject to disclosure unless the same is specifically exempted under section 8 of the Act "
SIC order further reads as :
"If the claim of the public authority that it has not kept/preserved an office copy of the communication submitted to the office of Hon'ble Chief Minister is believed to be true, it still is a failure on its part to maintain records in the manner it is supposed to maintain in terms of section 4(1)(a). The PS to Director SKIMS, who represented the Director during the hearing before the Commission extended an assurance that the public authority is making all efforts to collect the information and as soon as the same is collected, it will be furnished to the appellant. In the peculiar circumstances of the case, the Commission can only hope that the public authority is conscious of its obligations and responsibilities under the RTI Act and will live up to its assurance by providing the information to the appellant as soon as it could find out or collect the same. In the meantime, the PIO shall provide a copy each of the Government Order No. 24- SKIMS and G.O 26-SKIMS dated September 01, 2016 to the appellant within a period of one week from today, as directed during the hearing" |
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