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| CIC's direction to DSEK to provide para wise info to aggrieved | | Alleged illegal selection of ReTs in Bandipora | | Early Times Report
SRINAGAR, Apr 18: Chief Information Commissioner (CIC) Khurshid Ahmad Ganai has directed Director School Education Kashmir (DSEK) to issue a para-wise response to an aggrieved RTI information seeker who also was allegedly dropped during the selection of ReT teachers in Sumbal zone of Bandipora district.
Information seeker was provided incomplete information after filing an RTI which prompted him to file an appeal before State Information Commission (SIC)
Details available with Early Times reveal that one Bashir Ahmad Mir R/O Sultanpora Sumbal district Bandipora filed an RTI application dated 13-09-2017 before the Chief Education Officer (CEO) Bandipora who is also the designated PIO under RTI in his office. Information seeker sought information on nine points regarding EGS Centre, Sadiq Abad, appointment of ReTs Mohammad Yousuf Dar and Farooq Ahmad Dar etc.
As no information was provided to the applicant by the PIO/CEO Bandipora within the stipulated time period of 30 days, he filed First Appeal before the First Appellate Authority (FAA) in the office of Director School Education Kashmir (DSEK) on 18.10.2017. In view of non-response of the FAA, the appellant field the second appeal before the State Information Commission (SIC) on 19-12-2017.
Information seeker in his appeal mentioned that concerned dealing assistant, Mohammad Yousuf Hajam of ZEO Office Sumbal, informed him that reply of Point 1, 2, 3, 4 and 5 of the RTI application are not traceable in Zone Office, Sumbal. However, he alleged that Point-6, 7 and 8 is incomplete and bogus & the rubber stamps created by the headmaster and head teacher are apparently bad, illegal and unlawful, as the head teacher has changed seals with the order of higher authorities for their own benefit.
That School's name was mentioned as SSA Primary School Sadiq Abad Rakh Sultanpora, the concerned teachers have illegally charged its name as Primary School Sadiq Abad Gunchipora which is totally a baseless name. Further he alleged that the school is situated and sanctioned in Sadiq Abad Rakh Sultanpora.
The appellant requested the SIC for issuance of appropriate information under RTI act, 2009, and to take an immediate action in the matter and impose penalty under law. This 2nd appeal came up for hearing on 20-03-2018. The parties were heard through video conferencing from Jammu Office of the SIC. Z A Bandy, PIO in the office of Director School Education, Kashmir, Ishtiyaq Ahmad Mir, ZEO, Sumbal and the appellant Bashir Ahmad Mir attended the hearing through video conferencing from Srinagar office of the Commission.
PIO/CEO, Bandipora was absent and it was reported that he has not been able to attend the hearing because of some administrative meeting. The 2nd appeal again came up for hearing on 09.04.2018. Munshi Mohammad Javaid PIO/CEO Bandipora, Ishtiyaq Ahmad Lone, PIO/ZEO Sumbal and appellant Bashir Ahmad Mir attended the hearing.
The hearing in the second appeal was adjourned with directions to the PIO/CEO Bandipora to provide a copy of the counter statement dated 7-4.2018 along with the enclosures filed by him to the appellant soon after the culmination of the hearing. The appellant was directed to go through the counter statement and file rejoinder, if any, before the Commission by or before the next date of hearing, which was fixed on 12-04-2018. Parties were personally informed about the next hearing fixed for 12-4-2018 during the hearing on 9-4-2018. Registry was also directed to fix the 2nd appeal for hearing accordingly.
The 2nd appeal came up for the final hearing on 12.04.2018 at the Srinagar office of the State Information Commission (SIC). Hearing was attended by Munshi Mohammad Javaid PIO/ Chief Education Officer (CEO) Bandipora, Ishtiyaq Ahmad Lone, PIO/ Zonal Education Officer (ZEO) Sumbal and appellant Bashir Ahmad Mir.
SIC's final order reads as:
"On the last date of hearing i.e., on 9-4-2018 copy of the Counter statement dated 07.04.2018 filed by CEO Bandipora were got handed over to the appellant to enable him to file the rejoinder, which he has not done. However, the appellant has reiterated his main arguments contained in the rejoinder submitted by him to the SIC on 28-3-2018 wherein he has stated that the information in most places is bogus, incomplete and wrong"
The order further reads as:
"After due consideration of the history of the appeal, it transpires that the appellant who was a candidate for appointment as ReT in his village, Zone Sumbal is totally dis-satisfied with the information provided to him by the officials of ZEO Office Sumbal and PIO/CEO Bandipora. This he had stated even in the memo of the 2nd appeal and insisted that the school is situated and sanctioned at Sadiq Abad Rakh, Sultanpora is wrongly shown at Gonchipora. Since the RTI applicant has continuously shown his dissatisfaction with the information provided by the PIO, it is best that the head of the Public Authority/Director, School Education, Kashmir in terms of powers vested in the SIC under Section 16(9)(a), is called upon, to peruse the reply sent by the PIO/CEO Bandipora as information and thenhave corrected/additional information, as the case may be, sent to the appellant. The Public Authority/Director School Education Kashmir is further directed to ensure that the information is provided para wise in relation to the RTI application and in conformity with the provisions of the J&K RTI Act, 2009. This may be done within a period of 30 days from the date of receipt of this order by the Director, School Education Kashmir. With these directions, this 2nd appeal is disposed of". |
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