Central Information Commission
Mr.Abdul Kalam vs Ut Of Andaman And Nicobar on 26 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002916/16575
Appeal No. CIC/SG/A/2011/002916
Relevant facts emerging from the Appeal:
Appellant : Mr. Abdul Kalam,
Opp.Delanipur Masjid
AIR ROAD, P.O. HADDO
PORTBLAIR, A&N ISLANDS
Respondent : Mr. Asif Ali
Public Information Officer & CEO, Andaman & Nicobar Islands Wakf Board Near Zila Parishad Niwas, Kamraj Road, Port Blair, 744103, Andaman & Nicobar RTI application filed on : 12-12-2010 PIO replied on : 01-07-2011 First Appeal filed on : 13-05-2011 (Commission's Remanded order) First Appellate Authority order of : 17-06-2011 Second Appeal received on : 17-10-2011 Sl. The information sought. The PIO reply.
1. The date of appointment of Shri Hamid Ali as member in Shri Hamid Ali became the member of the wakf board during the previous five year term 2005- the Wakf Board on February, 2005 by
10. virtue of holding the post of Mutawalli, Jama Masjid Committee, Aberdeen Bazar.
2. The copy of gazette notification in terms of section 14 (9) Certified copy of Gazettee Notification of Wakf Act 1995 while appointing Shri, Hamid Au as No.20 dated 04.02.2005 of appointment member in the wakf board during the previous five year of members of Wakf Board is enclosed term 2005-10. and marked as Annexure' A I has been (N.B: The items at no.1 & 2 are based on Sub Section (9) provided to the appellant. of Section 14 of Wakf Act 1995 which reads 'The members of the Board shall be appointed by the state government by Notification in the official Gazette').
3. The date of resignation of Shri. Mohammed Mansoor Shri Mohd. Mansoor quit the from the post of chairman in the wakf board during the Chairmanship of the Board on 5.3.2009. previous five year term 2005-10. Certified copy of the proceeding of Board's Meeting held on 5.3.2009 is provided and marked as Annexure 'B' (Page No. 1 & 2).
4. The copy of the resignation in writing under the hand of The copy of the resignation letter of Shri Shri Mohammed Mansoor addressed to the state Mohd. Mansoor is not available. government in terms of Sec 19 of Wakf Act 1995 while resigning from chairmanship from the wakf board during the previous five year term 2005-10.
5. The copy of the Gazette notification appointing the No Gazette Notification was issued successor chairperson consequent to the resignation of appointing successor Chairperson. Shri .Mohammed Mansoor in terms of Sec 19 of Wakf Hence, copy is not available.
Page 1 of 5Act 1995.
6. The name of the successor chairperson (as above at item Shri Hamid Au has been elected as no.4) so appointed in terms of Sec 19 of Wakf Act 1995. successor Chairperson in terms of Section 14(8) of the WakfAct,1995.
7. The date of appointment of the above said successor The successor Chairperson was elected chairperson. on 5.3.2009.
(NB: The items at no.3 to 7 are based on Sec 19 of Wakf Act 1995 which reads as The chairperson or any other member may resign his office by writing under his hand addressed to the state government: provided that the chairperson or the member shall continue in office until the appointment of his successor is Notified in the Official Gazette).
8. The copies of minutes of all the board meeting wef Certified copies of minutes of all the 05/03/09 to till date. Board meetings with effect from 05.03.2009 to till date are enclosed and marked as Annexure 'B' ( 1 to 37 Pages)
9. The date of completion of the five year term of the wakf The term of Board expired on Board in 2005-10 period. 03.02.2010.
10. Copy of the Gazette Notification concerning the Gazette Notification of appointment of appointment of Smt.Safeena Khan as CEO who was Smti Safeena Khan as CEO was not discharging the powers and duties of CEO during 2006 to issued. She was ordered to hold 2009. additional charge of Chief Executive Officer vide Order No.692 dated 20.02.2006 Certified copy of the Administration's order is enclosed and marked as Annexure 'C.
11. Copy of the Gazette Notification concerning the On 8°' April, 2010.
appointment of Smt. Safeena Khan as CEO who was discharging the powers and duties of CEO during 2006 to 2009.
12. The date on which the gazette notification of order The Gazette Notification has been No.3289 dt.2 1/10/09 published consequent to the published on 21.10.2009. correspondence referred to at item no.11.
(NB: The item at no.10 to 12 are based on Sub Section (1) of Section 23 of Wakf Act 1995 which reads 'There shall be CEO of the Board who shall be a muslim and shall be appointed by the state government, in consultation with the Board, by Notification in the official Gaze]
13. The copy of letter No.ANI/WAKF/l00/2010/98 dated Copy of letter No.ANI/WAKF/1 8.04.2010 addressed to the Asst Sec (Pen), A & N 00/2010/98 dated 8.4.2010 addressed to Administration. the Assistant Secretary (Pen), A & N Administration is enclosed and marked as Annexure' D'.
14. Copy of the resignation letter originated from Shri Hamid Copy of the resignation letter is not All resigning from the post of Secretary / Muthawalli of available. Jama Masjid during 2010 that was submitted to the Wakf Board.
15. Copy of the current Bye Laws of wakfs Jama Masjid Certified copy of the current Bye-Laws Committee (Jama masjid & Police Masjid), Ithaehadul of Jama Masjld Committee (Jama Masjid islam masjid phoenixbay and juma masjid junglighat, & Police Masjid) and the Bye-Laws of that is in force as on date. Ithaehadul Islam Masjid, Pheonix Bay are not available. Certified copy of the Page 2 of 5 Bye-Laws of Juma Masjid, Junglighat is enclosed and marked as Annexure 'E' (16 Pages).
16. Copy of the records (entire file) showing the legal Records are not available to show the proceedings against the members of Sarnastha kerala legal proceedings initiated against the sunni yuvajana sangamAndaman centre in the wakf members of Samastha Kerala Sunni tribunal as stated in the boards letter Yuvajana Sangain. Andaman Centre in No.ANI/WAKF/9(l)/2010/69 dated 26.2.10 addressed to the Wakf Tribunal. the Asst Secretary (Rev), A & N Administration. (N.B: The definition of file as contained in the 'MANUAL OF OFFICE PROCEDURE' of the DoPT and as relied by the Hon'ble CIC in its decisions, As will be seen, Section 27 of chapter Il: 'Definitions', File means a collection of papers on a specific subleet matter assigned a file number and constituting of one or more of the following parts, (a)Correspondence, (b)Notes,
(c)Appendix to correspondence, (d)Appendix to notes.)
17. The criteria/yardstick adopted and the rules relied while The Samastha Kerala Sunni Yuvajana arriving at the decision on Samastha kerala sunni Sangarn Andaman Centre is not yuvajana sangam Andaman centre "it does not come registered with the Wakf Board, A & N under the purview of the wakf Act" as stated in the Islands. Registeration of a Wakf is boards letter referred at item no.16 above. required in terms of Section 36 of Wakf Act, 1995.
18. The records relied while arriving at the decision on The records i.e. Register of Wakf Samastha kerala sunni yuvajana sangarn Andaman centre Property maintained in the Wakf Board, "it is not a registered body"as stated in the boards letter A & N Islands has been relied on to referred at item no.16 above. arrive at a decision that the Samastha Kerala Sunni Yuvajana Sangam Andaman Centre is not a Wakf property.
19. The records relied on while arriving at the No such records are available decision/information on Samastha kerala sunni yuvajana sangam Andaman centre as "A.P. Group" as stated in the boards letter referred at item no.16 above.
20. The records relied on while arriving at the No such records are available decision/information on Samastha kerala sunni yuvajana sangam Andaman centre that "members of this samastha was responsible to create Law & Order problems controlled by the administration by deployment of forces" as stated in the boards letter referred at item no.16 above,
21. The copy of the orders and directiop served to Samastha No such records are available kerala sunni yuvajana sangam Andaman centre as referred to as "The members of this samastha defied the orders............ election last year" in the hoards letter referred at item no.16 above.
22. RELATED TO SECTION 4:-POINT 22 TO 28 No such records are available The reason assigned on record 'not to give vide publicity/not to invite nominations from stake holders/eligible categories' for the constitution of wakf board for the term 2010-15.
23. The norms set by the wakf board to prepare the electoral Wakf Board has not set norms to prepare colleges in terms of wakf Act 1995 section 14 sub section the electoral college. The Union Teritorv (1 )- clause (b) sub clauses (iii) & (iv). Administration has constitution the Wakf Board in the UT of A & N Islands in terms of Section 14 ofWakfAct,1995.
Page 3 of 524. The norms set by the wakf board to prepare the eligible The Wakf Board has not set the norms.
prospective persons for consideration against categories The Union Territory Administration has
in terms of wakf Act 1995 section 14 sub section(l )- considered the eligible prospective
clause (c),(d) &(e). persons.
25. Whether any circular was made out to all the departments No circular was issued.
under the UT Administration to suggest/sponsor officers in the category specified in wakf Act 1995 section 14 sub section(1)- clause (e).
26. Whether any open publicity was made out to invite No circular was issued.
nominations against the category specified in wakf Act 1995 section 14 sub section(l)- clause (c) & (d).
27. The particulars of arrangement that exists for The Wakf Board in the UT A&N Islands consultations with stake holders/public in relation to was constituted in terms of Section 4 of constitution of wakf board in terms of wakf Act 1995 the wakf Act, 1995. Section 14.
28. Whether any circular was made out to all the departments No circular was issued.
under the UT Administration to suggest/sponsor officers in the category specified in wakf Act 1995 section 23 and Chapter III of A & N wakf Rules 2002 for appointment of CEO at the time of appointment of Shri. Mohammed Aktar Hussain during 2009.
29. A copy of citizen's charter in relation to A & N Islands The Citizen's charter of Andaman & Wakf Board. Nicobar Islands Wakf Board is not A. There is no restraint imposed on me for availing the prepared, hence copy is not available. provisions of RTI Act 2005 (Section 3) as defined in section 2(j) read with Section 2(f) & 20).
B. The information which is sought for is not in the category of "exemption" listed in Sec 8.
C. I am an "Affected Person", accordingly 1 am entitled to know the facts and in addition to them the reasons in support of the decisions that has already been taken by the concerned authorities (which exists in the record) as per the provisions of clause (d) Sectio4 (I) of the Act ibid so that it would be more advantageous to effectively make my defense in response to the wakf board show cause notice, dt 31/03/2010, being an affected person. D. The information sought for also falls under the purview of Sub clauses (iii) & (iv) of clause (b) under Sub Section (1) of Section 4.
E. The information sought for also has relationship to public activity.
F. The information requested for are neither your (PlO) views/comments nor your opinion is elicited but as already it exists in material form with the concerned custodian of records.
Grounds for the First Appeal:
The appellant is not satisfied with the PIO reply.
Order of the First Appellate Authority:
"Shri Asif ALl, the Central Public Information Officer/Public Information Officer, A&N Islands Wakf Board, is directed to supply the information as sought vide application at 12.12.2010 in accordance with the provisions of the RTI Act 2005 within 12 days from the date of receipt of this order".Page 4 of 5
Ground of the Second Appeal:
The appellant was not satisfied with the PIO reply and FAA order.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Abdul Kalam on video conference from NIC Port Blair Studio; Respondent: Mr. Asif Ali, PIO & CEO on video conference from NIC Port Blair Studio; The PIO has given certain information but is now directed to provide the following information: 1- Query-1: The appellant points that information with regard to query-1 on the date of appointment is incorrect. The PIO states that he regrets since inadvertently the date of notification has been provided instead of date of appointment. The PIO is directed to provide the correct information with regard to query-1.
2- Query-4: The PIO clarifies that Mohd. Mansoor did not give any resignation. 3- Query-15: The PIO is directed to obtain the Byelaws of wakfs Jama Masjid Committee and provide it to the Appellant.
The Appellant would like to inspect the records on 16 January 2012 from 10.30AM onwards. The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 16 January 2012 from 10.30AM onwards at the office of the PIO. In case there are any records or file which the appellant believes should exist, which are not shown to him, he will give this in writing to the PIO at the time of inspection and the PIO will either give the files/records or give it in writing that such files/records do not exist.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information on point 1 & 3 as listed above to the Appellant on 16 January 2012.
The PIO is also directed to facilitate an inspection of the relevant records by the Appellant on 16 January from 10.30AM onwards. The PIO will give attested photocopies of records which the Appellant wants free of cost upto 200 pages. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 26 December 2011 (In any correspondence on this decision, mention the complete decision number.)(AS) Page 5 of 5