The State Information Commission (SIC) in our state instead of getting more autonomy is becoming redundant due to non cooperation of Government especially the bureaucrats.
DR RAJA MUZAFFAR BHAT
The Right to Information Act (RTI) plays a pivotal role by involv- ing citizens to be part of the governance mechanism of state. This active participation of people pro- motes effective governance and helps to build trust between citizens and Government institutions. RTI is the base towards achieving trans- parent and better governance. The legislations related to Right to In- formation enhances accountability of public authorities which includes Government and semi Government organizations. Enactment of RTI legislation is not enough. We ought to have strong institutions which ensure the implementation of these transparency laws. Under the pro- visions of Right to Information Act (RTI) Information Commissions have already been constituted across India including Jammu & Kashmir but they are yet to be institutionalized.
In-spite of the fact that J&K RTI Act 2009 is in operation since last more than 6 years in our state and at Central level it is operational since last 10 years (RTI Act 2005) , the information seekers still face lot of difficulties while accessing information from public authorities. In addition to it the State Information Commission (SIC) in our state instead of getting more autonomy is becoming redundant due to non co- operation of Government especially the bureaucrats. Before the State Chief Informa- tion Commissioner (CIC) G R Sufi and two other Information Commis- sioners were appointed , the Gov- ernment had appointed Gazzanfar Hussain, IAS ( now Secretary GAD) as first Secretary of State Information Commission (SIC) on Dec 21st 2009. Within a short span of just 6 months Gazanfar Hussain was transferred from the commission on July 28th 2010. After the appointment of G R Sufi as State CIC , Nazir Ahmad and Prof S K Sharma as Information Commissioners ,the Government kept transferring the Secretaries within a gap of 6 months to 1 year. Shafiq Ahmad Raina KAS, took over as Secretary, State Information Commission (SIC) on July 27th 2010 but after 1 year and 3 months (14.9.2011) he was trans- ferred and posted as Director Rural Development Jammu.
On October 29th 2011 Atta Ur Rehman Natnoo was transferred from the post of ADC Doda and was posted as Secretary SIC, but after 10 months ie on Sept 27th 2012 he was transferred from and posted as Director Horticulture Planning and Marketing (HPMC). Mohammad Sharief Sood who was Director HPMC was posted as Secretary SIC on Sept 27th 2012. Mohammad Sharief Sood was again transferred from the post of Secretary within a period of 1 year ie on Oct 10th 2013. On Oct 10th 2013 Gazzanfar Ali who was Secretary State Social Welfare Board was transferred and posted as Secretary, SIC , but Gazanffar Ali also managed to get transferred from the Commission on August 1st 2014 within a gap of just 10 months.
On August 1st 2014 Peerzada Hafizullah Shah , KAS who was posted in ARI department as Special Secretary was posted as Secretary SIC but this officer managed to get out of the Commission within just 7 months. Perzada Hafizullah was prematurely transferred at a time when new Government (PDP-BJP coalition) had taken over and it was quite evident that transfer policy which was being violated by previous Government met the same fate during existing Gov- ernment as well. On April 22nd 2015, Manohar Lal Raina who was Deputy Transport Commis- sioner was posted as SIC’s new Secretary , but this officer man- aged his transfer within just 27 days. Raina was transferred from SIC on May 18th 2015 and was posted as Director Rural Devel- opment Jammu.
The Director Tourism Jammu Ghulam Nabi Balwan was posted as Secretary SIC on May 18th 2015 . Balwan has now been transferred during the recent cabinet reshuffle on Oct 19th 2015 and posted as DC Kishtwar within a period of only 4 months. As on date the Gov- ernment is yet to send a new Sec- retary to the State Information Commission (SIC) as the officers are reluctant to work here feeling it is an un important posting.
As on date the Government is yet to send a new Secretary to the State Information Commission (SIC) as the officers are reluctant to work here feeling it is an un important posting.
Tailpiece :
Under State RTI Rules of 2010 the Government was supposed to consult Chief Information Com- missioner (CIC) before transfer- ring and positing the Secretary and other senior officials of Com- mission. The 2010 rules were re- pealed by Omar Abdullah Government and CIC’s role no more exists under present RTI rules ? Is this the way we can build our Institutions ? The 2010 RTI rules should be restored as has been promised by PDP before elec- tions. One of the State Informa- tion Commissioner Dr S K Shar- ma retired on Oct 31st 2015 , the selection committee is yet to find a new person. This has increased the pendency at commission office in Jammu . ? I sincerely ap- peal Chief Minister and his senior cabinet colleagues especially Mr Naeem Akhtar (Education Minister) to ensure that institution of RTI is not harmed at any cost. It will be a great disaster for the state.
Dr Raja Muzaffar Bhat is Founder of Jammu & Kashmir RTI Movement Feedback: muzaffar.rti@ gmail.com