‘Info can’t be denied without explaining legal grounds’
*Show-cause notices to Dir Physical Education, DySP
Mohinder Verma
JAMMU, Mar 15: Taking serious note of incomplete replies, denial of information and poor record management, the Central Information Commission (CIC) has pulled up the officials of University of Jammu and Jammu and Kashmir Police and even issued show-cause notices to the Director, Directorate of Sports and Physical Education and Deputy Superintendent of Police.
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As far as University of Jammu is concerned, the RTI applicant sought detailed documents concerning one Pankaj Sasun, who reportedly worked in the Department of Physical Education between 2007 and 2010; list of the employees with address and contact details working in the Department of Physical Education on contractual or permanent basis (teaching or non-teaching) during the period 2010; list of the students with address and contact details, who were doing BPEd & MP course during the period 2007 to 2010 etc.
The university responded that some records had been provided, but many documents were “not available”, claiming that records of contractual employees were maintained only for the previous two years.
When the case reached the CIC, the Commission found the response misleading and incomplete. It noted that instead of the appointment order requested, the university had submitted an unrelated letter about a study tour, which did not answer the RTI query.
“The response on the remaining points where the PIO has simply stated that information is not available has not been examined at the appellate stage inasmuch as the First Appellate Authority is silent on these aspects. Thus the shortcomings in the PIO’s reply remained un-adjudicated. The PIO has neither submitted any justification for such lapse in the reply, nor mentioned it in the written submission/counter statement”, the CIC observed.
Considering the lapse in the PIO’s reply, the CIC directed the PIO-II Dr Imran Farooq to revisit the RTI queries and provide a revised reply based on available records within two weeks. Additionally, the CIC issued a show-cause notice to Dr Daud Iqbal Baba, Director of the Directorate of Sports and Physical Education, asking him to explain why penalties should not be imposed for failing to provide correct information.
In another case, the RTI applicant had sought a certified copy of a complaint filed by his wife in February 2023, along with details of action taken by the police.
The RTI request, filed with the Women Cell of J&K Police, revealed that the complaint alleged domestic violence. According to the police reply, both parties were repeatedly called for counseling, but neither appeared before the authorities despite several attempts and communication messages. Eventually, the complaint was closed on September 19, 2023 and consigned to record.
However, the police failed to provide the certified copy of the complaint requested by the applicant. When the matter reached the CIC, the Commission held that the earlier response from the Public Information Officer was incomplete and had obstructed the flow of information.
The Commission ordered the current PIO, DySP Farha Nishat, to provide the certified copy of the complaint within one week while ensuring that sensitive information barred under the RTI Act is not disclosed.
The CIC also issued a show-cause notice to the then PIO, DySP Ashok Kumar asking him to explain why penalty proceedings should not be initiated for allegedly concealing information without reasonable cause. “A cogent explanation from the then PIO Ashok Kumar must reach this Commission within four weeks of receipt of this order, failing which the same shall not be taken on record”, read the order of the CIC.
The third RTI case involved questions surrounding the appointment of Constable Mohd Javid in the Jammu & Kashmir Police. The applicant sought detailed records, including the recruitment notification under which the constable was appointed in 2001; the list of selected candidates under the same recruitment process; documents showing eligibility criteria, physical fitness records, and application form and information on whether the appointment was made through recommendation or relaxation of rules.
The Police Headquarters rejected the request, stating that the information pertained to personal records of a third party and had no relation to public interest, therefore it could not be disclosed. The applicant challenged the denial, and the matter even reached the High Court of Jammu & Kashmir and Ladakh, which directed the CIC to conduct an expedited hearing.
During the proceedings, the Commission observed that the police had issued a blanket denial of all queries, which is inconsistent with the provisions of the RTI Act. The CIC ruled that authorities cannot reject an entire request without examining each question individually. It directed CPIO Azhar Bashir Baba, SSP-AIG (Crime and Complaints), Police Headquarters to send a fresh point-wise reply within two weeks, clearly explaining the legal grounds for denying any specific information.
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