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SIC disposes off appeal against its own officials
1/11/2019 11:13:36 PM
Early Times Report

Jammu, Jan 11: In an interesting case State Information Commission (SIC) disposed off an appeal filed against its own First Appellate Authority (FAA) and Public Information Officer (PIO). The appeal has arisen out of RTI application filed by one Rajeshwar Singh (Journalist). Information seeker had sought information from the PIO, J&K SIC regarding funds received during the year 2015-16, 2016-17, 2017-18 with details of expenditure, number of cases appeals and complaints received and disposed of during the said period and list of cases in which penalty has been imposed during the year 2017-18. Joint Registrar SIC who is also the designated PIO furnished information to the appellant vide his communication No. SIC/J/PIO/11/2018/171 dated 23.04.2018 giving the details of funds received, expenditure incurred and the details of appeals and complaints received and disposed of. As regards, the list of cases in which penalty has been imposed, the appellant was informed by the PIO that the said information was available on the website of the Commission. In response to point No. 4, seeking information is regarding cost per decision, the appellant was informed that the same was not assessed. Not satisfied with the information provided by the PIO, the appellant filed first appeal with Registrar JKSIC (FAA) on 19.05.2018 submitting thereunder that the information in respect of point No. 2 is incomplete and information asked for in point No. 3 was not available on the website. Similarly, he has submitted that the information in respect of point No. 4 has not been furnished. The said first appeal was disposed of by the FAA vide its order dated 26.06.2018 with the directions to the PIO, SIC to provide the balance information with regard to point No. 2 and point No. 3 to the appellant within a period of 15 days from the date of receipt of the order.
Aggrieved by the said order of the First Appellate Authority, the appellant filed second appeal on 24.09.2018 with the State Information Commission (SIC) stating therein that the PIO has provided incomplete information to him. "Since the appellant did not appear on consecutive two hearings, his views could not be ascertained. By his continued absence, the Commission can presume he is not interested to pursuing his appeal any further. Be that it may , the information sought by the appellant through his RTI request has been furnished by the PIO. So far as information sought through point No.4 is concerned, the same being hypothetical does not fall within the definition of "information" under section 2(d) of the J&K RTI Act, 2009. Hence the decision of the First Appellate Authority in that regard is upheld. Nothing further remains to be adjudicated and the appeal is accordingly disposed of " reads the SIC order.
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