Central Information Commission
Nisar Ahmad Wagay vs Ut Of Jammu And Kashmir on 25 July, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
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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/DSELI/A/2024/606666/UTOJK
Shri Nisar Ahmad Wagay ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Directorate of School Education
Srinagar
PIO
O/o Chief Education Officer
Bandipore
PIO
O/o Chief Education Officer
Baramullah
PIO
O/o Chief Education Officer
Batapora
PIO
O/o Chief Education Officer
Kulgam
PIO
O/o Chief Education Officer
Anantnag
Date of Hearing : 22.07.2025
Date of Decision : 22.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 01.09.2023
PIO replied on : 19.10.2023
First Appeal filed on : 09.10.2023
First Appellate Order on : 17.11.2023
2ndAppeal/complaint received on : Nil
Page 1
Information soughtand background of the case:
The Appellant filed an RTI application dated 01.09.2023 seeking information on following points:-
1. Kindly direct the CEO Bandipora to provide me the below mentioned documents and information as per format of Mr. Fayaz Ahmad Shah who is presently working as Junior Assistant in CEO's Office Bandipora.
a) A copy of First Appointment of Mr. Fayaz Ahmad Shah-Jr. Assistant, presently working in CEO's Office Bandipora.
b) A copy of Matriculation/Date of Birth Certificate of Mr. Fayaz Ahmad Shah-Ir. Assistant, along with verification certificate/report from JKBOSE Bemina Srinagar
c) Qualification/Marks Certificates 8", 9", 10" & 12" of Mir. Fayaz Ahmad Shah-Ir. Assistant.
d) Particulars of Mr. Fayaz Ahmad Shah-Jr. Assistant as per below mentioned in a tabular format.
e) Etc.
2. Kindly direct CEO Bandipora to provide me the list of Class IV officials who gave typing Test during 2016, 2017 & 2018 as per format:
3. Kindly direct CEO Bandipora to provide me the typing test report sheet of Mr. Fayaz Ahmad Shah through which the said official promoted as Jr. Assistant.
4. Kindly direct CEO Bandipora to provide the list of all those officials/officers who conducted/supervised the Typing Test Exam, in which Mr. Fayaz Ahmad Shah qualified the said test and promoted as Jr. Assistant and also mention the date and venue where Typing Test/Exam, held.
5. Kindly direct CEO Baramulla and Bandipora to provide me the list of Class IV officials who have been promoted from 2006 to 2023 in a tabular format.
The CPIO, UT of Jammu and Kashmir vide letter dated 19.10.2023 replied as under:-
1 Service Particulars, First appointment order & Service History Sheet of Mr. Fayaz Ahmad Shah, Jr. Assistant Dy. Chief Education Office Bandipora (Enclosed) However, the Education Qualification certificates of the official is the personal information and is exempted from disclosure under Section 8 (J) of RTI Act 2005
2. Enclosed
3. Enclosed
4. Enclosed
5. List of MTS(Class-IV) officials Promoted- Enclosed
6. Etc"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.10.2023. The FAA vide order dated 17.11.2023 stated as under:-
Page 2 "..... is observed that only 06 PIOs have provided the information to the appellant and the remaining 04 PIOS have not provided the information to the applicant (herein appellant). The appeal is disposed off with the directions to the remaining CEOs (PIOS) i.e CEO Budgam, CEO Ganderbal, CEO Kupwara & CEO Pulwama to provide the requisite information to the appellant within a period of seven days from the date of receipt of this order."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 08.07.2025 has been received from the CPIO, Directorate of School Education, Kashmir and same has been taken on record for perusal.
Written submission dated 15.07.2025 has been received from the CPIO, O/o Chief Education Officer, Baramulla and same has been taken on record for perusal. The relevant extract whereof is as under:
"..1. That the appellant had filed a First Appeal dated 08-11-2023 before the Central Public Information Officer, Directorate of School Education Kashmir, which was subsequently forwarded to the office of the Chief Education Officer, Baramulla vide communication No:
DSEK/RTI/2023/F-131/E-7292292/247 dated 08-11-2023.
2. That in the said appeal, the appellant sought the following information under the provisions of the RTI Act, 2005:
List of Class-IV employees who have been promoted as Junior Assistants and have qualified the typing test.
List of Class-IV employees who have been promoted as Library Assistants and have qualified the Certificate Course in Library Science (CLIS).
List of Class-IV employees who have been promoted as Laboratory Assistants.
3. That upon receipt of the said communication from the Directorate of School Education Kashmir, the required information was compiled by this office in a time-bound manner.
4. That the requested information was duly dispatched to the postal address of the applicant provided in the RTI application, through this office letter No. CEO/Bla/RTI/F-379/142901 dated 09-11-2023.
5. That, in addition to dispatching the hard copy of the information by post, the same was also shared with the applicant via WhatsApp on the mobile number 7889928684, as mentioned in the RTI application itself, ensuring wider accessibility and faster communication..."
Page 3 Written submission dated 17.07.2025 has been received from the CPIO, O/o Chief Education Officer, Kulgam and same has been taken on record for perusal. The relevant extract whereof is as under:
"..With reference to the subject cited above, please find enclosed herewith a copy of the RTI application reply, which was earlier provided in November 2023, in response to the RTI application submitted by Mr. Nisar Ahmad Wagay, resident of Hakabara, Kosumbagh Hajin, Bandipora-193501, J&K UT. (Cell No: 7889928684).
The applicant has now approached the Hon'ble Central Information Commission with a Second Appeal under the Right to Information Act, 2005. The hearing for the said appeal has been scheduled for 22nd July 2025..."
Written submission dated 15.07.2025 has been received from the CPIO, O/o Chief Education Officer, Bandipora and same has been taken on record for perusal. The relevant extract whereof is as under:
"..Kindly refer to the subject captioned above. In this context it is submitted that undersigned was appointed as PIO in April 2025 and the instant case pertains to the year 2023. The undersigned the examined the matter from the official records of the Chief Education Office Bandipora and the counter reply/statement of facts in light of the records is respectfully submitted as under:
1. That it is submitted that the appellant Nisar Ahmad Wagay filed an RTI application before the PIO Directorate of School Education Kashmir Srinagar and the same was forwarded to this office among other Chief Education Office of the Kashmir division vide no DSEK/RTI/2023/F-131/E-7292292/200 dated 19/09/2023. The said letter along with RTI application of the applicant was received by this office on 21/09/2023.
2. That the information sought by the applicant was to be collected from various quarters. Accordingly the Principals and Headmasters working within the jurisdiction of this office were asked to furnish the requisite information vide letter no. CEO/Bpr/RTI/023/2230-31 dated 09/10/2023. Annexure A.
3. That after receiving the information from the concerned quarters, the same was provided to the applicant on his whatsapp no 7889928684 as well as through registered post on 20.10.2023 vide this office letter no CEO/BPR/RTI/023/2390-91 dated 19/10/2023. Reply to the RTI application and copy of receipt of registered post are enclosed herewith as Annexure B&C.
4. That the appellant filed a first appeal on 10/10/2023 before the first Appellate Authority and accordingly the notices were Issued to the concerned PIO's vide no DSEK/RTI/2023/F-131/E-
7292292/247 dated 08/11/2023. In response to the notice of the first Appellate Authority, this office submitted the detailed reply/counter statement to the first Appellant Authority vide no Page 4 CEO/Bpr/R11/023/2872 dated 11/11/2023, with a copy to the appellant.. Copy of notice dated 08/11/2023 & Counter statement 11/11/2023 are annexed herewith as Annexure D&E
5. That the appeal filed by the appellant was finally decided by the first appellate authority vide order dated 15/11/2023, wherein it was held that Six PIO's have provided the information to the appellant and the remaining 04 PIOs have not provided the information to the appellant. The appeal was disposed of with the directions to the remaining PIOs to provide the requisite information to the appellant within a period of 07 days from the date of receipt of the said order. It is most respectfully submitted that the Chief Education Officer Bandipora is among these six PIO's who had provided the requisite Information to the appellant well in time. Copy of order dated 15/11/2023 is annexed herewith as Annexure F.
6. The appellant in his appeal has alleged that the information with regard to part (b) and (c) of point No. 01 of the RTI application has not been provided to the applicant. In this regard It is submitted that upon examination of the RTI application of the applicant it was found that the information sought by the applicant in part (b) and (c) of point No. 01 of the RTI application pertains to the personal details of the third party, the disclosure of which has no relationship to any Public Activity or interest. As such the said information was denied to the applicant under section 8(1) of the RTI act 2005, which exempts disclosure of the information which relates to personal information the disclosure of which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information officer or the state Public information officer or appellate authority, as the case may be is satisfied that the larger public interest justifies the disclosure of such information, It is submitted that in the instant case, the appellant had not shown any larger public interest that would justify overriding the Protection granted to such personal Information..."
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Dr. Gulam Mohd Puju, Dy. CEO- Bandipora, Mr. Mushtaq Ahmad, In-charge RTI, SO, Srinagar, Mr. Tariq Ahmad, District Administrative Planning Officer, Baramulla, Mr. Javed Iqbal, Dy. CEO, Kulgam- participated in the hearing.
CPIO, O/o Chief Education Officer, Bandipora reiterated the averments made in their written submission and stated that the relevant information as available in their records has been duly provided to the Appellant.
CPIO, O/o Chief Education Officer, Kulgam reiterated the averments made in their written submission and stated that the relevant information as available in their records has been duly provided to the Appellant.
Mr. Mushtaq Ahmad stated that the relevant information as available in their records has been duly provided to the Appellant Page 5 Mr. Tariq Ahmad, District Administrative Planning Officer, Baramulla reiterated the averments made in their written submission and stated that the relevant information as available in their records has been duly provided to the Appellant.
Decision:
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the custodian of information. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. 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 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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