SIC/J/2nd Appellate Authority/79/2011 - State Information Commission

Jammu and Kashmir Information Commission
(Constituted under Right to Information Act, 2009)
Old Assembly Complex, Srinagar, Fax No. 0194-2484269
Wazarat Road, Near D.C. Office, Jammu, Fax No.0191-2520947
No: SIC/J/2 nd Appellate Authority/79/2011
In the matter of complaint/2 nd appeal under RTI Act, 2009 of Mr. Shahid Zameer Ahmad 18,
Left Lane, Khan Colony Channapora, Srinagar.
Complainant/:
Appellant
Respondent/s:
O R D E R
06-06-2011
Mr. Shahid Zameer Ahmad 18, Left Lane, Khan Colony
Channapora, Srinagar.
Shri M. A. Bukhari, IAS, Secretary-cum- 1 st appellate authority, J&K
Public Service Commission.
Shri Gulzar Ahmad, Dy. Secretary-cum-PIO, J&K PSC.
The appellant Mr. Shahid Zameer Ahmad, R/o: 18, Left Lane, Khan Colony
Channapora, Srinagar had filed an appeal before 1 st appellate authority of J&K Public
Service Commission (J&K PSC) on 15.01.2011 under Section 16(2) of J&K RTI Act, 2009.
This appeal is against the order of PIO dated: 04-01-2011. The appellant contended that
information on 5 points asked by him was denied and information on remaining 4 points
raised by him was incorrect and incomplete. Hence the 1 st appeal under Section 16(2) was
filed. Mr. Gulzar Ahmed, Deputy Secretary-cum-PIO, J&K PSC has confirmed that he has
passed an order on the appeal preferred by the appellant before the 1 st appellate authority.
The 1 st appellate authority of the Public Authority under Section 16 of the Act is Shri M. A.
Bukhari, IAS who is Secretary, J&K PSC. In this case it is the PIO who has unilaterally
passed order on appeal under Section 16 of the State RTI Act, 2009. This is against the basic
tenants of law that the PIO unilaterally usurps the powers of 1 st appellate authority and
adjudicates upon his own order. I am not sure whether the 1 st appellate authority who is
senior to PIO was in know of the facts that the PIO usurped his powers. Whatever may be
the fact, I have no hesitation but to held that the order passed by PIO under Section 16 is
inabinitio bad in law and is, therefore, the order is vacated and cancelled. The 1 st appellate
authority is directed to decide the appeal within 8 days from the pronouncement of this order
today the 6.6.2011. The 1 st appellant authority is required to provide an opportunity of being
heard to the appellant. He is further required to adjudicate upon the points raised in the
appeal and also adjudicate upon the order of PIO and have to marshal the facts and if after

eing satisfied that prohibitory sections of 8 and 9 of the J&K RTI Act, 2009 are not
applicable on the points of information sought, then he should direct the PIO to provide
information forthwith. The 1 st appellate authority has also to keep in mind the provision of
Sub Section 6 of Section 7 of the Act which provides for dissemination of information free of
charges where a public authority has failed to comply with the time limits specified under
Sub Section 1 of Section 7 of the Act.
The appellant has strongly pleaded before me that the PIO and 1 st appellate authority
have deliberately delayed the disposal of his application and the later has knowingly allowed
the former to usurp the power of 1 st appellate authority and pass an order which is inabinitio
bad in law. The appellant has also pleaded for providing him compensation as
provided under Section 16(9) of the Act. He is required to explain how the delay in providing
him information or in providing incorrect and incomplete information has caused monetary
losses to him which can be quantified. The Public Authority of the J&K PSC is also required
to give its objections for not ordering such compensation.
Sd/-
( G. R. Sufi )
Chief Information Commissioner,J&K
Copy to:
( Mohammad Sayed Shah)
Registrar,
State Information Commissioner,
J&K.
1. Shri M. A. Bukhari, IAS, Secretary-cum- 1 st appellate authority, J&K Public Service Commission.
2. Shri Gulzar Ahmad, Dy. Secretary-cum-PIO, J&K PSC.
3. Mr. Shahid Zameer Ahmad 18, Left Lane, Khan Colony