Central Information Commission
Suhail Mushtaq Bhat vs Skill Development Department Ut Of J & K on 12 September, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/SDDJK/A/2023/634646
Shri Suhail Mushtaq Bhat ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Skill Development Department UT of J & K
Date of Hearing : 10.09.2024
Date of Decision : 10.09.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 06.04.2023
PIO replied on : - -
First Appeal filed on : 10.05.2023
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 19.07.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 06.04.2023 seeking information on following points:-
1. "Kindly provide Xerox copy of the merit list of Carpenter Trade/Motor Mechanic/plumber framed since 2020 till date along with the name of appointed candidates to these posts.
2. Kindly provide Xerox copy of all recruitment notices published in local newspapers since 2020.
3. Kindly provide names of all those dealing assistants who are associated with the framing of such lists.
4. Kindly provide the Xerox copies of educational qualification of all the candidates who are falling in the merit list of Welder Trade under PPP Scheme along with the Xerox copy of the said list. Also provide the Xerox copy of experience certificates produced by such candidates.
5.Kindly provide the Xerox copies of all such correspondences between NHPC and your institute regarding PPP Scheme and its takeover by your institute. Is your institute considering handing over the PPP recruitment back to NHPC as on date.
6. Since your institute has been adopted by NHPC in September 2013 as such the agency has been providing you with some financial help. Kindly provide Xerox copies of all the expenditure amount spent by your Page 1 institution and the list of all such items purchased through this monetary help.
7.Kindly provide the criteria used by your institute for recruitment to the above mentioned posts. Further, provide whether the same selection method has been duly authorised by higher authorities or not. If yes provide the copy of such orders.
8. Kindly provide the selection list and procedure followed by your Institute for the candidate who have already performed their duty on the said trade."
Dissatisfied with the non-receipt of information received from the CPIO, the Appellant filed a First Appeal dated 10.05.2023 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Not present Both the parties remained absent despite service of hearing notice. Decision:
In the absence of both parties despite due service of the hearing notice, Commission is not in a position to ascertain whether or not any reply has been provided on the RTI Application till date. However, from the perusal of facts on record, prima-facie it appears no reply has been provided within the stipulated time frame by the PIO.
Accordingly, PIO is directed to provide available and relevant information sought in the RTI Application to the Appellant free of cost within 15 days of receipt of this order and send a compliance report of the same to the Commission. In doing so PIO must make sure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the Appellant and same must be redacted under section 10 of the RTI Act, 2005 prior to the said disclosure.
Commission also takes very strong exception of non attendance of PIO during the hearing of Second Appeal. In view of the prima-facie observation that no reply has been provided by the PIO on the RTI Application, within the stipulated time frame, PIO is hereby directed to file a written explanation justifying the said conduct, failing which an action under Section 20(1) and 20(2) of the RTI Act will Page 2 be initiated against him/her, if necessary. PIO is further directed to send copy of supporting documents on which he relies upon in his submission as well as copy of reply sent on the RTI Application, if any.
PIO is directed to ensure that his written submission reaches the Commission within 30 days from the date of receipt of this order.
The Appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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