Suo-moto action to be taken in case of no reply
*Takes serious note of absence during proceedings
Mohinder Verma
JAMMU, July 14: Taking serious note of absence during the proceedings without any reasonable cause, the Central Information Commission (CIC) has sought explanations from Under Secretary Jammu and Kashmir Public Service Commission, a Tehsildar and Head of a Department in Sher-e-Kashmir Institute of Medical Sciences, Srinagar with the warning that suo-moto action will be taken in case of their failure to ensure compliance of the direction.
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As per the Second Appeal before the CIC, Dr Sonika Gupta had filed an RTI application dated 09.08.2022 seeking information relating to the posts of Lecturer in the Department of Gynae & Obstt GMC Jammu/Srinagar, names of candidates who had applied for the posts and photocopy of bifurcation of marks given to her in Demo Viva by each expert and each Commission member.
Dissatisfied with the response filed by Under Secretary-cum-CPIO of the J&K Public Service Commission and decision taken by the First Appellate Authority, the applicant filed Second Appeal before the Central Information Commission and during the course of hearing she submitted that she desired inspection of original mark sheets containing marks given to her in Demo Viva by each expert/Commission member of the board which was not provided by the respondents.
None representing the respondents was present during the hearing despite prior intimation and keeping in view the facts of the case, the Commission directed the CPIO and Under Secretary, J&K Public Service Commission to grant to the appellant an opportunity to inspect her own original marks card containing bifurcation of marks within 15 days from the date of receipt of order under intimation to the Commission.
“Documents requested by the appellant during inspection should be provided to her in lieu of the fee chargeable as per the RTI Rules, 2012”, the Commission said and directed the Under Secretary-cum-CPIO to submit an explanation stating the reasons for absence during the hearing within 15 days from the date of receipt of order.
In another 2nd Appeal, which was filed after denial of information about the revenue record in arbitrary and unfair manner about the chunk of land situated in Bhalwal (Assarwan) area of Jammu district, the Central Information Commission noticed that CPIO-cum-Tehsildar Bhalwal was not present during the course of hearing even after being given prior notice.
Though CIC noticed that respondent has responded appropriately furnishing information as permissible under the RTI Act yet it took serious note of non-appearance of Tehsildar. “His absence has resulted in the proceedings being vitiated and violation of the provisions of the RTI Act”, the CIC added.
“The respondent-Tehsildar Bhalwal is accordingly directed to submit an explanation for willful violation of the provisions of the RTI Act, within four weeks of receipt of this order, failing which suo moto action shall be initiated, in terms of the provisions of the RTI Act”, read the order of the Commission.
Similarly, the CIC has sought explanation from Head of the Department-PIO of SKIMS Srinagar for willful violation of the provisions of the RTI Act by not attending the hearing without any reasonable cause. “The explanation should be submitted within four weeks of receipt of this order failing which suo moto action shall be initiated”, the Commission has made it clear in the order.
The appellant had approached the Commission while expressing dissatisfaction over the response filed to the application seeking list of contractors for the last five years who have been providing service of repairing/technical assistance at the Oxygen and AC plant and all types of refrigerators used in the hospital; bills cleared for the service for the last five years and details of consumption of diesel in central heating etc.
It is pertinent to mention here that Central Information Commission (CIC) has, in numerous Second Appeals, expressed concern over non-appearance of CPIOs of various departments of Government of Union Territory of Jammu and Kashmir but till date the concerned senior authorities have not issued any stern warning to the CPIOs so that proceedings before the CIC are conducted smoothly and as per the provisions of the RTI Act.
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