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| Asks appellant to pay Rs 20,000 as RTI fees | | CIC rejects appeal against XEn | |
Early Times Report
Jammu, Feb 7: The State Chief Information Commissioner (CIC) G R Sufi has rejected an appeal filed under section 16 of J&K RTI Act 2009 wherein the appellant had alleged that Executive Engineer (XEn) R&B (PWD) division I had denied provide information under RTI Act about various developmental works.
Details available reveal that one S. Kumar C/O Kashmir Typewriters Mubarak Mandi Jammu filed an application under RTI that was received by the XEn R&B division I on 30.09.2015. Information seeker sought voluminous information about developmental works executed by the department. The PIO before the expiry of time informed information seeker vide his letter dated: 20.10.2015 that he has sought voluminous information which was not readily available and he was requested to attend his office for inspection purposes and further he asked the appellant that the information being voluminous, same will be provided against cash payment. However, without responding to the PIO's intimation, the information seeker preferred to file first appeal on 5.11.2015. The First Appellate Aauthority (FAA) adjudicated the appeal on 18.11.2015. In compliance with the FAA's order, the PIO responded vide his order dated: 1.12.2015 seeking a payment of Rs.20,000/- as copying charges for 10,000 pages (Rs 2 / copy). The appellant being aggrieved with the order of the PIO filed second appeal before the State Information Commission (SIC) on 16.12.2015 making a plea therein that the information has not been provided within 30 days and even the FAA's order has not been honoured and that the PIO demanded Rs.20,000 as copying charges. It was further alleged that the PIO did not sent any communication to the appellant. The appellant therefore, made a prayer before the Commission for a direction to the PIO to provide the information. The SIC lead by State Chief Information Commissioner (CIC) G R Sufi heard the case on Jan 12th 2016 and issued following orders .
Order issued by CIC reads as:
"The Commission has heard the PIO. Appellant's attendance was sought in order to substantiate his submissions. However, he did not attend. As stated above, the PIO made a initial response to the appellant's request for information which the appellant has conveniently forgotten not to attach with the documents filed before the Commission. In this communication, the PIO had referred to his intention of seeking copying charges as provided under section 7(3) of the J&K State RTI Act, 2009. Thus the copying charges were deemed to have been demanded within the time as laid down under the Act. As no copying charges have been deposited by the appellant, therefore, he has not fulfilled the requirements of law. Hence his appeal stands to be rejected. He is advised to make the payment of the requisitioned amount. Once the requisitioned amount is deposited, the PIO is directed to provide the information. The PIO is further advised that in future he should properly go through the provisions of the RTI Act and give his findings by making reference to the relevant provisions of the law". |
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