Home Deptt babu denies info under RTI, earns SIC’s wrath Srinagar: The State Information Commission (SIC) has reprimanded the then Additional Secretary and Public Information Officer (PIO), Home Department, for acting against the provisions of RTI Act, 2009, by not furnishing information sought in 2012. “The then PIO, Arshad Ayub, is required to explain why penalty proceedings under section 17 of the State RTI Act may not be initiated for not passing the order as provided under Section 7 of the State RTI Act,” the SIC in its order passed on August 13. The order said that the official’s explanation, if any, must reach to the commission within 30 days of receiving of the order and asked the appellant to invoke section 15 if the commission’s order is not complied.According to details, Khurram Parvez, (a human rights defender) and a resident of Srinagar, had on January 12, 2012 sought information from Home Department under the RTI Act regarding the number of enquiry commissions formed by the government in probing rights abuses in the state.The application was filed before the Additional Secretary and PIO, Home Department, Arshad Ayub.With no response from the department within stipulated time, the applicant subsequently filed a first appeal before the First Appellate Authority (FAA), Home Department on April 26, 2012.After getting no response from FAA, the applicant filed second appeal before the SIC on June 6, 2012.In response, the SIC in its order (No. SIC/CO/SA/36/2012/228, dated July 24, 2012) directed FAA that the appeal be adjudicated within 20 days of receiving the order with proper opportunity given to the appellant to be heard.But going against the RTI provisions, the SIC’s order was compiled by PIO, Ayub instead of FAA.On September 9, 2012, Ayub passed an order, without handing it over to applicant, stating that information could not be provided as “it was exempted under section 8 of the RTI Act.” This prompted the appellant to approach the SIC again to ensure the compliance of its previous order.During the hearing, the present PIO and Under Secretary Home Department, Rita Koul informed the SIC that on September 9 last year, order was passed by Additional Secretary, Ayub in capacity of the PIO.Under the provisions of RTI Act, the PIO has only to pass order under Section 7 of the State RTI Act which is appealable before the FAA.While as the first appeal had to be adjudicated by FAA as per law therefore the commission set the PIO’s order aside for having no jurisdiction.The SIC in its new order said that the commission has found the PIO’s order “most non-speaking order.” “The information cannot be denied simply by quoting Section 8. Section 8 provides nine exemptions and the FAA or the PIO who think that any information requisitioned by a resident of the state falls under any limb of Section 8, both the authorities are duty bound to specifically identify such limb with proper reasons which prohibits the disclosure of information,” reads the order.The SIC also said that senior authorities in the FAA, Home Department have not acted according to the provisions of the State RTI Act and failed to adjudicate the appeal.“Therefore commission once again directs the present appellate authority in the Home Department to adjudicate the appeal with a proper opportunity of being heard to the appellant,” the order said.It also said that FAA or PIO while dealing with RTI Act and applications have to act as “quasi judicial authorities.”“Therefore, the requirement of law meant for quasi judicial authorities and the procedure has to be strictly followed,” said the order.
Posted on: Tue, 27 Aug 2013 03:54:50 +0000
Trending Topics
Recently Viewed Topics
© 2015