Central Information Commission
Taufiq Yousf vs General Administration Department Ut ... on 13 April, 2023
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/SEDJK/A/2022/800018
CIC/SEDJK/A/2022/800017
CIC/SEDJK/A/2022/800009
CIC/SEDJK/A/2022/800010
CIC/SEDJK/A/2022/800011
CIC/GADJK/A/2022/800013
Shri Taufiq Yousf Rathar ... अपीलकता /Appellant
VERSUS/बनाम
PIO, ... ितवादीगण /Respondent
1. Zonal Education Officer, Fatehgarh,
Baramulla, J&K
2. Chief Education Officer, Baramulla, J&K
3. Director School Education, Srinagar
4. J&K School Education Department,
Srinagar
5. General Administration Department, Civil
Secretariat, Srinagar
Date of Hearing : 11.04.2023
Date of Decision : 13.04.2023
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
800018 15.09.2021 - 25.10.2021 - 12.04.2022
800017 15.09.2021 - 25.10.2021 - 12.04.2022
800009 15.09.2021 - 25.10.2021 - 09.03.2022
800010 16.09.2021 - 25.10.2021 - 09.03.2022
800011 16.09.2021 - 25.10.2021 - 09.03.2022
800013 16.09.2021 - 25.10.2021 23.11.2021 14.03.2022
Information soughtand background of the case:
(1) CIC/SEDJK/A/2022/800018 (2) CIC/SEDJK/A/2022/800017 (3) CIC/SEDJK/A/2022/800009 Page 1 of 11 The Appellant filed an identical RTI application dated 15.09.2021to the ZEO, Fatehgarh, Baramulla and the CEO, Baramulla seeking information on the following 07 points:-
Having not received a response from the CPIO, the Appellant filed a First Appeal dated 25.10.2021 which was not adjudicated by the First Appellate Authority.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission was received from the ZEO, Fatehgarh vide letter dated 10.04.2023, the relevant extract of which is as under:Page 2 of 11
A written submission was received from the CEO, Fatehgarh vide letter dated 07.04.2023, the relevant extract of which is as under:Page 3 of 11
(4) CIC/SEDJK/A/2022/800010 The Appellant filed an RTI application dated 16.09.2021 to the Director, School Education Department, UT of J&K seeking information on the following 07 points:-Page 4 of 11
Having not received a response from the CPIO, the Appellant fileda First Appeal dated 25.10.2021 which was not adjudicated by the First Appellate Authority as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission was received from the CPIO, D/o School Education vide letter dated 01.04.2023, the relevant extract of which is as under:Page 5 of 11
(5) CIC/SEDJK/A/2022/800011 The Appellant filed an RTI application dated 16.09.2021 addressed to the School Education Department, UT of J&K seeking information on the following 07 points:-Page 6 of 11
Having not received a response from the CPIO, the Appellant filed a First Appeal dated 25.10.2021 which was not adjudicated by the First Appellate Authority as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission was received from the CPIO, D/o School Education vide letter dated 06.04.2023, the relevant extract of which is as under:Page 7 of 11
(6) CIC/GADJK/A/2022/800013 The Appellant filed an RTI application dated 16.09.2021 addressed to the General Administration Department, UT of J&K seeking information on the following 07 points:-
Having not received a response from the CPIO, the Appellant filed a First Appeal dated 25.10.2021. The FAA/Additional Secretary, General Administration Department, Civil Secretariat, Jammu, vide order dated 23.11.2021 stated as under:-Page 8 of 11
In Compliance of FAA's order, the PIO/Deputy Legal Remembrancer, General Administration Department, Civil Secretariat, Jammu, vide letter dated 16.12.2021 replied as under:-Page 9 of 11
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission was received from the CPIO (Legal Section) General Administration Department, UT of J&K vide letter dated 10.04.2023 which has been taken no record.
Facts emerging in Course of Hearing:
The Appellant participated in the hearing through video conference. He stated that he received an unsatisfactory response from ZEO, Fatehagarh and that no reply was received from other departments.
The Respondents represented by Shri Aashiq Hussain Kar, ZEO, Fatehgarh; Shri Harminder Singh, Dy CEO, Baramulla; Smt Syed Mubashira, Chief Accounts Officer, D/o School Education, Kashmir; Shri Wasim Lone, Dy Legal Remembrancer, GAD, Srinagar and Shri Umesh Sharma, Dy Secretary, D/o School Education, Jammu participated in the hearing through video conference. The Respondents stated that identical RTI applications were filed by the Appellant before all the departments which essentially pertained to the ZEO, Fatehgarh where the application was eventually forwarded. Shri Aashiq Hussain Kar stated that point wise information was already provided to the Appellant vide letter dated
02.11.2021. In addition, Smt Syed Mushabra stated that the wife of the deceased pensioner Shri Abdul Rasheed Bhat had refused to give her consent for disclosure of any information to any third party. Decision:
Keeping in view the facts of the case and the submissions made by all the parties, the Commission is of the view that adequate information as per the provisions of the RTI Act, 2005 has been provided by the ZEO, Fatehgarh despite the Appellant being a third party in the matter. The Commission also notes that an identical RTI Page 10 of 11 application filed before the Dy Accountant General, Srinagar was also heard and adjudicated by a co-ordinate bench of this Commission in CIC/CAGIN/A/2022/800012 decided on 01.03.2023. Hence, no further intervention of the Commission is required in the instant matters. For redressal of his grievance, the Appellant is advised to approach an appropriate forum.
With the above observations, the instant Second Appeals stand disposed off accordingly.
Y. K. Sinha (वाई.
वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 11 of 11