CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Decision No. CIC/SG/A/2011/001908/15291
Appeal No. CIC/SG/A/2011/001908
Relevant facts emerging from the Appeal:
Appellant : Mr. R Peer Abbas, Buniyadabad, 6/2, W.T. Road
P.O. Haddo, Port Blair,
A & N Islands - 744102.
Respondent : Mr. J. N. Roy PIO & Assistant Secretary (Revenue)
Andaman & Nicobar Administration,
Andaman & Nicobar Islands
RTI application filed on : 24-01-2011 PIO replied on : 23-02-2011 First Appeal filed on : 08-03-2011 First Appellate Authority order of : 28-03-2011 Second Appeal received on : 18-07-2011
The appellant had asked about the certified copies of the following documents and other details of following subject matter regarding constitution of wakf board and appointment of CEO, the information of which is held/available with you and comes under your functions as referred to as the state Government (UT Administration of A&N Islands) in the Wakf Act 1995. the information following as under:-
Sl. The information sought. The PIO replied.
1. The date of appointment of Shri Hamid Ali as Shri Hamid Ali, by virtue of holding the Post of member in the wakf board during the Mutawalli (Secretary) in the Jama Masjid previous five year term 2005-10. Committee became the member of the Wakf Board on 5-3-2009 in terms of Notification of appointment of Members vide Notification No. 18/2005/F.No.2032(1)/2003/Wakf(SW) Vol. II
dated 4-2-2005 which includes the appointment of Mutawlli. (Annexure "C" had provided to the appellant).
2. The copy of gazette notification in terms of Section 14(9) of the Act does not attract in the section 14 (9) of Wakf Act 1995 while case of appointment of Shri Hamid Ali. appointing Shri Flamid All as member in the wakf board during the previous five year
(N.B: The items at no.1 & 2 are based on Sub Section (9) 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 appointment of Shri.Mohammed Shri Mohd. Mansoor was elected Chairperson Mansoor to the post of chairman in the wakf on 21-2-2005 after the constitution of the Board Page 1 of 4
board during the previous five year term vide Notification referred to above in terms 2005-10. Section 14(8) of the Wakf Act, 1995.
4. The date of demission/relinquishment of Shri Mohd. Mansoor quit the Chairmanship on office of the chairperson by Shri.Mohammed 5-3-2009 on the ground of non- availability of Mansoor from the post of chairman in the time to him to manage the affairs of the Wakf wakf board during the previous five year Board. term 2005-10.
5. The copy of the resignation in writing under Section 19 of the Act relates to the resignation the hand of Shri.Moharnmed Mansoor from the membership of the Board. Shri Mohd. addressed to the state government in terms of Mansoor had not resigned from the membership See 19 of Wakf Act 1995 while resigning of the Board, he only stepped down from the from chairmanship from the wakf board Chairmanship of the Board. during the previous five year term 2005-10.
6. The copy of the Gazette notification Chairperson is elected from & amongst the appointing the successor chairperson members of the Board in terms of Section 14(8) consequent to the resignation / demission / for which no notification is required to be relinquishment of the office of the issued. chairperson by Shri. Mohammed Mansoor in
terms of Sec 19 of Wakf Act 1995.
7. The name of the successor chairperson (as Sun Hamid Ali was unanimously elected above at item no.6) so appointed in terms of Chairperson of the Board in terms of Section Sec 19 of Wakf Act 1995. 14(8) in place of Shri Mohd. Mansoor,
8. The date of appointment of the above said Elected on 5-3-2009. successor chairperson.
(NB: The items at no.3 to 8 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
9. The date of completion of the five year term 3-2-201 0(Expiry date of Board). of the wakf Board in 2005-
10 Copy of the Gazette Notification concerning A copy of order of appointment of Smt Safeena . the appointment of Smt. Safeena Khan as Khan had provided to the appellant as Annexure CEO who was discharging the powers and "D". duties
of CEO during 2006 to 2009.
11 The date on which the official 08-04-2010. . correspondence made to notify the
appointment of Shri. Mohammed Aktar
Hussain in the official gazette to the
competent authority.(i.e to make gazette
notification of the copy of order No.3289 dt.2 1/10/09).
12 The date on which the gazette notification of 21-10-2009 (Annexure "B" had been provided . order No.3289 dt.2 1/10/09 published to the appellant). consequent to the correspondence referred to at item no.10.
(NB: The item at no,10 to 12 are based on
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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 Gazette')
Details in terms of section 4 of the RTI Act 2005.
13 The reason assigned available on record 'not At Present the matter is Sub- judiced in the . to give vide publicity/not to invite Hon'ble High Court. nominations from stake holders/eligible
categories' for the constitution of wakf board for the term 2010-15 in terms of section 14. 14 The procedure followed by the UT At Present the matter is Sub- judiced in the . Administration (Referred as state Govt. in the Hon'ble High Court. wakf act 1995) in the decision making
process, including channels of supervision
and accountability with regard to constitution of Wakf board/appointment of members of
the wakf board.
15 The norms set by the UT Administration At Present the matter is Sub- judiced in the . (Referred as state Govt. in the wakf act 1995) Hon'ble High Court. to prepare the electoral colleges in terms of wakf Act 1995 section 14 sub section(l)-
clause (b)sub clauses (iii) & (iv).
16 The norms set by the UT Administration to At Present the matter is Sub- judiced in the . prepare the eligible prospective persons for Hon'ble High Court. consideration against categories in terms of wakf Act 1995 section 14 sub section(l)-
clause (c),(d) &(e).
17 The copy of circular made out to all the It is the prerogative and responsibility of . departments under the UT Administration to Administration to adjudged the suitability of its suggest / sponsor officers in the category Officer for appointment as member of the Wakf specified in wakf Act 1995 section 14 sub Board. section(1)- clause (e).
18 The details of open publicity made out (o Matter is Sub-juiced in the Court. invite nominations against the category
specified in wakf Act 1995 section 14 sub
section (1)- clause (c) & (d).
19 The particulars of arrangement that exists for Appointment under Section 14 is under consultations with stake holders/public in challenge in the Hon'bie High Court, the matter relation to constitution of wakf board in is as such Sub-judiced. terms of wakf Act 1995 section 14.
20 The copy of circular made out to all the The Chief Executive Officer of the Board was . departments under the UT Administration to appointed in terms of Section 23 of the Act in suggest / sponsor officers in the category consultation with the Board. 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.
Grounds for the First Appeal:
The appellant is not satisfied with the PIO reply.
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Order of the First Appellate Authority (FAA): The following were present in the hearing:- Appellant & his representative Mr. Hamza A, Respondent - Mr. Assistant (Revenue/Wakf)
"The Public Information Officer shall provide information to the appellant on all those points on which the same is available with him in accordance with the provisions of the Right to Information Act, 2005 within 10 days from the receipt of this order". .
Ground of the Second Appeal:
The appellant is not satisfied with the PIO reply and FAA order.
Relevant Facts emerging during Hearing:
The following were present:
Respondent: Mr. J. N. Roy, PIO & Assistant Secretary (Revenue) on video conference from NIC-Port Blair Studio;
The respondent states that he has provided information available as per records to the Appellant after the order of the First Appellate Authority on 05/04/2011. It appears that the information available on the records has been provided to the Appellant.
The Appeal is disposed.
Information available on the records appears to have been provided.
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.
24 October 2011
(In any correspondence on this decision, mention the complete decision number. (BK))
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