Daily Excelsior: Jammu: Saturday, June 03, 2017.
State
Information Commission (SIC) has reprimanded the Jammu and Kashmir Public
Service Commission for not taking seriously applications under Right to
Information Act seeking details of selection process and issued a number of
directions for ensuring transparency in the functioning of major recruiting
agency of the State.
The Public
Service Commission has been scolded by the Information Commission at a time
when the recruiting agency is already in the dock for ‘biased’ approach in the
recruitments for various posts in Government departments.
According to
the case before the State Information Commission, an application was filed
under Jammu and Kashmir Right to Information Act, 2009 before the Public
Information Officer (PIO) of the Public Service Commission seeking information
vis-à-vis criteria laid down for conducting interview for the post of Assistant
Professor (Industrial Chemistry) in the Higher Education Department and
weightage in respect of marks to academic qualification/merit, interview and
experience etc.
As per
Section 7(1) of the J&K RTI Act, 2009, the PIO was supposed to dispose of
the application within a period of 30 days after the receipt of the same.
However, he provided some information belatedly prompting the applicant to file
1st appeal before the First Appellate Authority (FAA) of the Public Service
Commission, who happens to be the Secretary of the Commission.
Even the
First Appellate Authority failed to dispose of the appeal in terms of Section
16(7)–within 30 days or within the extended period of 45 days from the date of
filing of the appeal compelling the applicant to knock the doors of the
Information Commission with 2nd appeal.
“Both the
authorities-PIO and FAA of the PSC are in violation of the provisions of the
J&K RTI Act”, observed Chief Information Commiss-ioner Khurshid A Ganai in
the order passed in the 2nd appeal, the copy of which is available with
EXCELSIOR, adding “they should have disposed of the application and the 1st
appeal within the stipulated time period which has unfortunately not been
done”.
Although
during the proceedings before the Information Commission, the PIO of PSC
referred to Section 11 relating to ‘third party’ information but no record was
provided to show that ‘third party’ proceedings were initiated in this case by
him or that Section 11 was at all applicable in this case.
“In this
particular case the issue of third party doesn’t arise as the appellant has
sought information about the general criteria laid down for conducting the
interview, break-up of marks obtained and weightage. Moreover, the appellant
has not sought copies of answer scripts of the selected candidate which may
have invoked the third party reference in terms of Section 11 of the RTI Act”,
the CIC said.
While asking
the PSC to dispose of the original application by providing information
requested for within a period of 15 days, the Chief Information Commissioner
has further observed, “making public the criteria and break up of marks
obtained by the candidates after the examination is over and results announced
will only add to the transparency of the selection process”.
“Failure to
dispose of the RTI application in terms of Section 7(1) which lays down
specified time period of 30 days for disposal by the PIO and on the grounds of
delay, the PIO is fit to be proceeded under Section 17 of the Act”, the Chief
Information Commissioner said.
The
Information Commission has provided to the PIO an opportunity of being heard as
to why the penalty at the rate of Rs 250 per day for every day of delay is not
imposed in terms of Section 17(1) of the J&K RTI Act, 2009. Moreover, the
Information Commission has asked the PIO to explain as to why disciplinary
proceedings under the service rules applicable may not be recommended to the
competent authority in terms of Section 17(2) of the J&K RTI Act, 2009.
The Chief
Information Commissioner has asked the Secretary of the PSC, who is First
Appellate Authority to ensure timely disposal of 1st appeals in future. “As the
incharge of administration in the office of J&K PSC the Secretary must take
appropriate steps to streamline the functioning of RTI Cell within the PSC so
that RTI applicants don’t have to face difficulties in pursuing their
applications”, the CIC said, adding “the Secretary may seek certain orders from
the Chairman of PSC so that RTI Cell in the Commission is strengthened on a
permanent basis and problems of instant nature don’t recur”.
The Chief
Information Commissioner has also asked the Secretary of PSC to apprise
Information Commission about the steps taken as soon as possible so as to
ensure complete transparency in the functioning of recruiting agency.