Central Information Commission
Irshad Ahmad Dar vs Ut Of Jammu And Kashmir on 14 June, 2021
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/UTOJK/A/2020/114727
CIC/UTOJK/C/2020/114724
Shri Irshad Ahmed Dar ... अपीलकता/Appellant
VERSUS/बनाम
Public Information Officcer ... ितवादीगण /Respondent
O/o The Joint Medical Superintendent
Sher-e-Kashmir Instt. Of Medical Science,
Soura, Srinagar
Date of Hearing : 10.06.2021
Date of Decision : 14.06.2021
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 2 nd Appeal
No. on dated
114727 05.02.2018 12.03.2018 30.03.2018 - 22.05.2020
114724 10.03.2018 12.03.2018 30.03.2018 02.05.2018 22.05.2019
Information soughtand background of the case:
(1) CIC/UTOJK/A/2020/114727 The Appellant filed an RTI application dated 05.02.2018 seeking information with regard to cancellation of appointment of orderlies whose certificates were proved fake and fabricated.
The PIO/Joint Medical Superintendent vide letter dated 12.03.2018 furnished a single page document received from Administrative Officer (Policy), Sher-e- Kashmir Instt. Of Medical Science (SKIMS), Srinagar. The Appellant was also advised to appear in person before Additional Director, SKIMS & Ex.Officio Secretary to Govt. as he was seeking information which has already been provided to him in response to his earlier RTI applications in 2014, 2015, and 2016 on the same issue.
Page 1 of 6Dissatisfied with the response received from the PIO, the Appellant filed a First Appeal dated 30.03.2018 which remained unheard. Feeling aggrieved, the appellant approached the Commission with the instant second appeal.
Facts emerging during the hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing through audio conference. He alleged that several appointments were made in SKIMS, Srinagar on the basis of false/ fake documents and that his RTI application pertained to his representations on the said issue. He stated that no information was provided to him and his first appeal before SKIMS, Srinagar also remained unheard.
The Respondent represented by Dr. G.H. Yatoo, Head of Department, SKIMS, Srinagar and Shri Firdous Ahmed, GO, G-1 (Policy), SKIMS, Srinagar participated in the hearing through audio conference. Dr. Yatoo stated that the Appellant has been filing multiple RTI applications on the same issue since 2014. Inspection of documents was also offered to the Appellant who expressed his satisfaction on availing of the opportunity of inspection against an earlier RTI application on the same issue in 2015. The Appellant objected to the submission of the Respondent and stated that at the time when he availed the inspection of documents, the documents were not found to be fake/ false hence he subsequently again approached the public authority for disclosure of information.
Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that the first appeal has not been decided, till date. Hence, the Commission directs Dr. Riyaz Ahmed Wani, FAA Addl Director, SKIMS to decide the first appeal and pass a reasoned and speaking order after granting an opportunity of fair hearing to the Appellant. The above mentioned direction should be complied with by 15.08.2021 under intimation to the Commission.
With the above direction, the instant Second Appeal stands disposed off accordingly.
(2) CIC/UTOJK/C/2020/114724 The complainant filed an RTI application dated 04.03.2018 sought attested copy of BOSE letter dated 25.06.2015 and 14.07.2015 and information with regard to BOSE letter dated 23.07.2015 with regard to cancellation of appointment of orderlies whose certificates were proved fake and fabricated and related issues.Page 2 of 6
The PIO/Joint Medical Superintendent vide letter dated 12.03.2018 furnished a single page document received from Administrative Officer (Policy), SKIMS, Srinagar. The complainant was also advised to appear in person before Additional Director, SKIMS & Ex.Officio Secretary to Govt. as he was seeking information which has already been provided to him in response to his earlier RTI applications in 2014, 2015, and 2016 on the same issue.
Dissatisfied with the response received from the PIO, the Complainant filed a first appeal on 30.03.2018. The FAA vide order dated 02.05.2018 disposed off the appeal with the direction to visit the office of Additional Director, SKIMS for inspection of records by 15th May, 2018. Feeling aggrieved, the complainant approached the J&K State Information Commission.
The State Information Commission vide interim order dated 17.09.2018 has observed that the complainant has filed multiple RTI requests on the subject matter and directed the registry to club this complaint with the second appeal filed by the complainant and the list the clubbed matters for hearing. The SIC also directed the PIO SKIMS to file joint counter statement to both the present complaint and second appeal filed.
As per directions of State Information Commission, PIO/SKIMS vide letter dated 23.10.2018 submitted counter statement which is reproduced as under :
Page 3 of 6Note: It is pertinent to mention here that the applicant has already filed more than 10 (Ten) RTI applications from 2014 in different dates for similar subject and is habitual for this practice' Page 4 of 6 Note: It is worthwhile mention here on 05.06.2018; this office has received one more application from the said applicant for similar subject. Accordingly, applicant was informed vide this office letter No: SIMS RTI No: 660/018-97-100 that your RTI application has not entertained' because noncompliance of First appellate decision/orders by you. (copy enclosed at-E)."
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.
The Complainant participated in the hearing through audio conference. He stated that the information was not provided within the stipulated time period and no opportunity of hearing was provided by the FAA at the time of hearing the first appeal.
The Respondent represented by Dr. G.H. Yatoo, Head of Department, SKIMS, Srinagar and Shri Firdous Ahmed, GO, G-1 (Policy), SKIMS, Srinagar participated in the hearing through audio conference. Dr. Yatoo stated that the Complainant has been filing multiple RTI applications on the same issue since 2014. Inspection of documents was also offered to the Complainant in the present matter which was not availed of by him. Dr Yatoo also made a reference to an Page 5 of 6 earlier interim decision of the J&K SIC in this matter decided on 17.09.2018 where it was Commission had observed that the Complainant has filed multiple RTI requests on the subject matter which not only results in wastage of time of the SIC and amounts to misuse of the provisions of the RTI Act, 2005.
Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that the instant matter is a Complaint. The Respondent has stated that inspection of records has been offered to the Complainant which was not availed off by him. This Commission does not find any malafide intent in denying any information to the Complainant. Furthermore, the J&K SIC in its interim order has also made strong observation regarding misuse of RTI mechanism by the Complainant. Thus, no further intervention of this Commission is required in the instant matter.
With the above observation, the instant Complaint stands disposed off accordingly.
Y. K. Sinha ( वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 6 of 6