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SIC directs BDO to refund Rs 5000 RTI fee
Failure of providing information to RTI applicant
8/1/2014 11:42:30 PM
Early Times Report

Jammu, Aug 1: In a significant development the State Information Commission (SIC) has directed the Block Development Officer (BDO) of Thathri block in Doda district to refund an amount of Rs 5000 to an information seeker as the BDO who is also the Public Information Officer (PIO) has failed to supply the information within stipulated time inspite of the fact that RTI applicant had deposited the requisite fees in the official account of the BDO cum PIO.
As per details available with Early Times one Nisar Ahmed S/o Sher Ali Malik R/o Village Bajja (Chiralla),block Thathri, District Doda moved an application dated 29- 01-2014 before the Public Information Officer/Block Development Officer, Thathri under Jammu & Kashmir Right to Information Act, 2009 where-under he sought information related to execution of MG NREGA works , conducting of social audit , allotment of Individual house hold lavatory units etc in Panchayat Chiralla, Rokali, Joura Khurd, Joura Kalan & Sunarthawan of Thathri block district Doda
The PIO/Block Development Officer, Thathri vide office letter no. BDOJ/98 dated 01-02-2014 informed the information seeker to deposit an amount of Rs. 61,517/- as cost of the information in account no. 772 of BDO, Thathri. Subsequently, the information seeker was informed vide office letter no. BDOT/171-72 dated 06-04-2014 to deposit an amount of Rs. 5,000/- under account no. 772 as cost of the information. In compliance to the aforesaid letter, the information seeker deposited an amount of Rs. 5,000/- in the J&K Bank Branch, Thathri on 07-05-2014. After depositing the money the BDO failed to provide the information and the information seeker filed a complaint dated 21-05-2014 before the State Information Commission (SIC) in which he has alleged that the PIO/BDO, Thathri has not provided him any information despite the fact that he has deposited an amount of Rs. 5,000/- as cost of the information. The Commission after receiving the complaint listed the matter for hearing on 02-07-2014 and 22-07-2014.
During the course of proceedings held at SIC office Jammu on 22.7.2014 the PIO/BDO, Thathri informed the Commission that she had already provided the information to the information seeker as sought in the RTI application and its is record available in her office. However, the information seeker alleged that information provided to him is deficient in some respects and not as requested in the RTI application. The PIO/BDO, Thathri also produced a receipt duly signed by the information seeker in which he has acknowledged the receipt of the information.
" In the given circumstances, where the information already stands furnished to the information seeker it would be better to allow the complainant an opportunity to inspect the record so that he can verify the contents of information already provided to him with the office record. Both the parties have mutually settled 8th of August, 2014 for inspection of record with the approval of the Commission" reads the SIC order
The SIC order further reads as:
"In view of the aforesaid facts and observations, the PIO/BDO, Thathri is hereby directed to allow the complainant an opportunity to inspect the record in her office on a working day during office hours on 8th of August, 2014 and provide him certified copies of the relevant documents free of cost, if any, required by the complainant. The PIO/BDO, Thathri is further directed to refund an amount of Rs. 5,000/- which has been deposited in the account of BDO, Thathri in J&K Bank Branch within two weeks from the date of receipt of this order under intimation to the Commission. The complaint is accordingly disposed off.
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