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Ensure RTI info is received by applicant even if available on website: SIC
2/28/2016 11:41:05 PM
Early Times Report

Jammu, Feb 28: The State Information Commission (SIC) in an impressive order has directed that Public Information Officers (PIO) must ensure information sought under RTI Act should be received by the information seekers even if this information is available on the official website of the department / public authority.
Details available with Early Times reveal that one Imtiyaz Ahmad Rather a resident of Dursuma Manigam (Ganderbal) sought information regarding amount of relief provided to one Mushtaq Hussain Faqir, S/o. Lal Din Faqir, R/o. Faqir Mohalla Chewadi Jammu for damage caused to his residential house during 2014 floods . The details of relief provided by State/Central Governments till date of filing RTI application were sought along with details of cheque, bank branch/account etc. After getting no response from PIO DC office Jammu , applicant filed 1st appeal before concerned appellate authority. Again there was no proper response alleges Imtiyaz and he then filed 2nd appeal before the State Information Commission (SIC) on 01.12.2015. In his appeal Imtiyaz stated that he filed an RTI application to PIO DC office, Jammu on 04.07.2015 requesting for information as mentioned in the application, but even after lapse of around 04 months no reply has been received by him. In his 2nd appeal appellant mentioned that he filed 1st appeal with Deputy Commissioner, Jammu. The First Appeal has been disposed of by ADDC, Jammu vide decision No. 5 dated: 19.10.2015 directing the PIO/SDM, Jammu South to provide the information within a week's time. However, Imtiyaz did not receive any information. The appellant accordingly requested the Commission to take appropriate necessary action against the officials and to ensure that he gets the correct information about flood relief money.
In response to the notice of the State Information Commission (SIC) Shahid Mahmood, SDM, Jammu South filed reply submitting that information sought by the applicant is available on the website of Deputy Commissioner, Jammu and hence, it was not in the purview of the RTI Act. However, the RTI application received by him was forwarded to Tehsildar Bahu under section 6(3) to provide the information. He further said that the SDM contacted the appellant on his mobile phone to ascertain the status of his RTI application and it was found that it was related to payment of SDRF made to one Mushtaq Hussain Faqir for the damaged house during floods of September, 2014 which as per records, the applicant was not getting because of his wrong account number given to Tehsildar, Bahu. Later, after the applicant provided the actual account number, it was rectified.
SIC's order 2.2.2016 reads as: "SDM has submitted that the issue of the applicant stands resolved. In support of this statement, SDM, South has enclosed a copy of application made by the appellant addressed to Registrar, J&K State Information Commission (reportedly sent through post) with copy to SDM, South stating that soon after submission of the appeal SDM South, Jammu has cleared the status of the case and has provided all the required information to the said beneficiary regarding flood relief-2014. He has accordingly requested the Commission to dispose of the complaint/appeal submitted by him and he is satisfied. The appellant was contacted on Phone No.9419500672 given in his application to confirm the letter referred to above. The appellant admitted on phone that he has sent the application addressed to Registrar through post. The issue involved in the RTI application has now been resolved to the satisfaction of appellant as is evident from his application referred to above. However, SDM South, Jammu is informed/advised that even if information is available on the website, RTI application shall be deemed to have been disposed only when the information seeker is informed about availability of such information on the website as per section 7 of the Act. With the above directions, the appeal filed before the Commission is disposed of".
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