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Mohd. Yaseen vs Department Of Culture Ut Of J & K on 13 February, 2025

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/DOCJK/A/2023/640896

Shri Mohd. Yaseen                                                ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO, Department of Culture,                                 ...प्रनतवािीगण /Respondent
UT of J & K

Date of Hearing                          :   11.02.2025
Date of Decision                         :   11.02.2025
Chief Information Commissioner           :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :           08.05.2023
PIO replied on                    :           02.06.2023
First Appeal filed on             :           05.06.2023
First Appellate Order on          :           12.07.2023
2 Appeal/complaint received on
 nd                               :           24.08.2023

 Information sought

and background of the case:

The Appellant filed an RTI application dated 08.05.2023 seeking information on following points:-

"1. No of publication sent to press for printing from 1 st Jan, 2019 to 30th April 2023 by Gojri Section.

2. No of Publication Printed during the above period.

-3. Copy of letters of Publication Officer (K) / Publication Officer (J) regarding above publications in which Publication officer had sought approvals of Central Committee/Advisory Sub Committee for Gojri about the book sent to his section for printing.

4. Provide book-wise Approval of Central Committee/Advisory Sub Committee for Gojri for books sent to press for printing from 1st Jan, 2019 to 30th April 2023 by Gojri Section.

5. Provide a copy of the files of payment of Royalty in favour of contributors by Gojri section for the books sent to press for printing from 1 st Jan, 2019 to 30th April 2023 by Gojri Section.

6. Copy of minutes of Advisory Sub Committee for Gojri held on 23/12/2019 and meeting held on 17/10/2018 and approval of the Chairman of committee /Secretary Academy for holding of Meeting and approval of Minutes of Meeting, and dispatch numbers of Minutes with dates.

7. Provide Agenda of Advisory sub Committee meeting held on 23/12/2019 along with copy of letters sent to members of committee for to attend the meeting on Page 1 of 4 23/12/2019 and TA DA drawn in favour of the members attended the meeting on the said date.

8. Number of total RTI filled in JKAACL from January 2019 to 30th of April 2023, and the details which are pending with PIO, Jammu."

The CPIO vide letter dated 02.06.2023 replied as under:-

"This office received an RTI Application from Mr. Mohd. Yaseen, RTI Activist/ Freelance Journalist, Dated 8/05/2023 regarding the subject cited above. In this regard, the following information is available with the section at present:-

. The following Gojri publications have been sent to the press from 1 st January 2019 to 30th April 2023:

Year 2019-8 publications including Sheeraza Year 2020- publications including Sheeraza sent to P.O, Srinagar (Order copy annexed) Year 2021-7 Sheeraza Gojri/Anthology(Order annexed) Year 2022-7 Sheeraza Gojri/Anthology (Order annexed) Year 2023-5 Publications including Sheeraza Gojri upto June 2023

2. The information about the number of publications printed during the above period is lying with the publication officer, Srinagar, a separate wing which executes the job of printing of Academy publications, the required information may be sought through PIO, JKAACL, Srinagar.

3. In response to point 3, the section has processed the routine publication/anthology for the printing purpose which needs no approval of any advisory committee. Thus, the communications asked in point 3 is not available with the section.

4. In response to point 4, the approvals which are available with the section of the publication which have been sent to the press are annexed with the application.

5. With regard to point 5, the matter pertains to Accounts section of JKAACL which is presently working from Central office, Srinagar. The required information lies with the said section, is not available with the Gojri section. May be sought through PIO, JKAACL, Srinagar.

6. In response to reply of point 6, the required record is not presently available with the section as it is more than 5 years old, the section carries the current record upto 2 years with itself. Hence, the required document may be asked from Publication wing which does the job of printing of Academy publications, the required information may be sought through the PIO, Srinagar JKAACL.

7. No such record in response to point 7 is available with the section.

8. The charge of PIO in 2019 was entrusted by Establishment section, Srinagar, the required details from the date may be sought from PIO, JKAACL, Srinagar. However, the present number of RTIs which is available with the RTI section presently is 14."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.06.2023. The FAA vide order dated 12.07.2023 held as under:-

"During hearing, the appellant informed that only few days back he has received the replies of 8 points out of total 9 points against the RTI application dated 08- 05-2023, reply pertaining to point No.7 is still pending which states that "Provide agenda of Advisory sub committee meeting held on 23-12-2019 along with copy of the letters sent to members of the committee for to attend the meeting on 23.12.2023 and TA/DA drawn in favour of members attended the meeting on the said date."

Public Information Officer stated that Point no. 7 doesn't pertains to him. His counterpart Public Information Officer posted at Srinagar office deals with the subject, that's why he has not furnished it to applicant. The First Appellate Authority asked the PIO, in that case, he must have forwarded the RTI to the concerned officer to provide information well in time to the applicant. The Public Information Officer was directed to forward the application to concerned Public Information Officer, Srinagar to provide pending information to the applicant within 15 days positively, which was accepted by the applicant. In respect of Second Appeal No. CIC-DOCJK-A-2023-647015, appellant stated that he has not received any reply against the RTI application filed on 21.06.2023. In response, Public Information Officer stated that the above said RTI hasn't been received by him. In this regard, Authority directed Public Information Officer, J&K Academy of Art, Culture and Languages to provide relevant available information to the applicant within 30 days positively, under the provisions of RTI Act, which was also accepted by the applicant."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

An undated written note has been received from the Appellant referring to a counter statement dated 17.12.2023 which does not form part of records of this Second Appeal.

A detailed but undated counter statement has been received from the Respondent - Editor-cum-Cultural Officer, J&K Academy of Art, Culture and Languages Divisional Office and has been duly taken on record.

Hearing was scheduled after giving prior notice to both the parties.

Appellant: Present through video conference Respondent: Dr. Syed Iftikhar Ahmad - PIO, J&K Academy of Art, Culture and Languages Divisional Office and Shri Popinder Singh - PIO was present through video conference during hearing.

Both parties are present for the hearing and reiterated their respective contentions as already noted above. The Appellant contended that he is not satisfied with the response since he has been provided incomplete and inaccurate information. The Respondent on the other hand stated that information relating to the Appellant's queries had been duly furnished to him, in terms of the provisions of the RTI Act. The Respondent volunteered to provide whatever further information the Appellant sought, if the same was available in official records.

Decision:

In the light of the aforementioned position, the Respondent is hereby directed to grant inspection of the relevant records pertaining to the queries raised by the Appellant, if the Appellant approaches the Respondent within thirty days of receipt of this order, on a mutually convenient date and time. Copies of documents identified by the Appellant shall be provided to him upon payment of fees as stipulated under the Act.

While granting inspection of records, the Respondent must exercise caution and ensure that information expressly barred under Section 8 or 9 of the RTI Act should be duly redacted invoking provisions of Section 10 of the RTI Act. A compliance report in this regard shall be submitted by the Respondent before the Commission within one week after the inspection is carried out by the Appellant.

The appeal is disposed off with the above directions.

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 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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