Greater Kashmir: Srinagar: Friday,
March 03, 2017.
After
remaining defunct for almost three months, the institution of RTI has finally
been reconstituted. State Information Commission (SIC) which is constituted
under the ambit of J&K Right to Information Act 2009 (J&K RTI Act 2009)
became completely defunct last year in November when commission’s lone
Information Commissioner Nazir Ahmad completed his term in SIC. Nazir Ahmad was
appointed as Information Commissioner in November 2011 soon after he retired as
Chief Engineer in State Public Works Department (PWD). Before Nazir Ahmad’s term came to an end in
November 2016 , G R Sufi completed his 5 year tenure as State Chief Information Commissioner
(CIC) in February 2016. Sufi an alumnus
of Aligrah Muslim University (AMU) and Jawaharlal Nehru University (JNU) is
1977 batch Indian Revenue Service (IRS) officer who served on very import posts
in Central Income Tax Department. One more Information Commissioner Dr S K
Sharma completed his term in Information Commission around October 2015. Dr
Sharma before his appointment as Information Commissioner headed Law faculty in
Jammu University. There is a provision of two Information Commissioners and one Chief Information Commissioner under
J&K RTI Act 2009. Irony is that from
last several months not a single political party raised voice over the issue of
defunct Information Commission. Except Independent legislator from Langate Engineer Rashid no one even questioned the
Government on this issue during recent session of state legislature. After the
budget session of state legislature came to an end, I was under this impression
that State Information Commission (SIC) will not all get reconstituted as all
the MLAs, MLCs were tight lipped over non implementation of Right to
Information (RTI) and toothless SIC. We finally had a meeting with Chief
Minister on Jan 23rd who assured us to constitute SIC without any further
delay.
What is
State Information Commission (SIC)
Under the
provision of J&K RTI Act 2009 there is an important provision for
constitution of State Information Commission (SIC). In absence of SIC, J&K RTI Act 2009 cannot be implemented
at all because SIC is a quasi-judicial authority which takes the erring
officials (PIOs) to task especially at a time when they deny / provide
incomplete / misleading information under RTI Act to citizens. J&K State
Information Commission (SIC) has powers :
1.
To direct the Public Authority to provide the information
2.
To make sure information seeker conducts inspection of
documents and records if needed
3.
To take action against the designated Public Information
Officers (PIOs) by even penalizing them for withholding information without any
reason.
4.
To make pro active disclosure of information through
official websites & other means.
Challenges
before new CIC :
Newly
appointed State Chief Information Commissioner (CIC) Khurshid Ahmad Ganai has lots of challenges
before him. First of all he has to dispose off dozens of pending appeals and
complaints. In addition to it he needs to ensure proper implementation of
J&K RTI Act 2009. Almost 8 years have passed since J&K RTI Act 2009 got
enacted , but Govt officials especially designated PIOs have little knowledge of RTI Act. Like
Mr G R Sufi, CIC Mr Khurshid Ganai
will have to direct the Government to conduct workshops for Public Information
Officers (PIOs) and First Appellate Authorities (FAA). He has to ensure
digitization of Government record &
voluntary disclosure of information as mandated under section 4 (1) (b)
of J&K RTI Act 2009.
Conclusion:
Khurshid
Ahmad Ganai, an IAS officer of 1982 batch retired as Financial Commissioner to
Government last year. He could not be
elevated as State Chief Secretary which in-fact is dream of every IAS officer
before he or she gets retired. Now after being appointed as State Chief Information
Commissioner (CIC), the rank and status of Mr Ganai is higher than a Chief Secretary of state.
Pertinently J&K RTI Act 2009 clearly
says that post of State Chief
Information Commissioner (CIC) is equivalent to Election Commissioner of India
and the post of Information Commissioner is same as that of a State Chief
Secretary. Khurshid Ganai has a sound
knowledge of RTI as he played pivotal role in drafting of J&K RTI Amendment
Act of 2008 while he was administrative
Secretary in State General Administration Department (GAD) way back in
2008. The said law was repealed after
enactment of J&K RTI Act 2009. We have closely worked with Khurshid
sahib during 2007-2008. By selecting him for the post of State Chief
Information Commissioner (CIC) selection committee headed by Chief Minister has
done justice to the State RTI Act. I must applaud leader of opposition Omar
Abdullah as well for giving his consent to Mr Ganai’s appointment. Selection
committee must now search for two other Information Commissioners also which
will make SIC fully operational once again.