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| DSWO B'pora charging exorbitant RTI fees | | SIC reprimands Director Social Welfare Kmr | | Early Times Report
Bandipora, Apr 24: The District Social Welfare Officer (DSWO) Bandipora has been caught on the wrong foot while implementing RTI Act in his office. The officer who is also the Public Information Officer (PIO) under State RTI Act has been charging Rs 10 for photocopying a page of official document instead of charging Rs 2 for the same. State Information Commission (SIC) has reprimanded Director Social Welfare for committing such a mistake even after so many years of enactment of RTI Act in J&K. The SIC told Director that before disposing off the 1st appeal he should have modified order of his subordinate officer (PIO-DSWO Bandipora)
Details available with Early Times reveal that one Mohammad Sabir Ganai R/O Garoora district Bandipora filed Second Appeal under J&K RTI Act 2009 before State Information Commission (SIC) on 25.02.2016 stating that he submitted an application under J&K RTI Act on 17th October 2015 before PIO/District Social Welfare Officer Bandipora, but no response was received within the prescribed time. Mohammad Sabir filed First Appeal on 3rd December 2015 before Director Social Welfare Kashmir , which was disposed of by Director Social Welfare Kashmir who is also the First Appellate Authority (FAA) on 21.01.2016 with directions to PIO to provide information. Until filing of 2nd appeal before SIC , no information was provided to information seeker . Appellant accordingly requested the Commission to impose penalty on concerned officer and also directions for providing information.
The information seeker sought details about total number of funds sanctioned to Social Welfare Department Bandipora from January 2012 to September 2015 along with measure heads & its utilization. Information seeker sought names/address/contact details of the persons who have availed the benefit of these funds along with photocopies of Audit Reports from January 2012 to September 2015.
In response to the notice of the State Information Commission (SIC), Hashmat Ali Yatoo, Director Social Welfare Kashmir filed reply dated 14.03.2016 stating that in order to dispose of the First Appeal, in terms of RTI Act, the PIO/District Social Welfare Officer Bandipora and the appellant were asked to attend his office on 23.12.2015, but the appellant preferred not to appear, although PIO was present. In order to give another chance to the appellant before disposing of the appeal, the next date of hearing was fixed and accordingly PIO and the appellant were asked to attend his office on 04.01.2016, but appellant again did not appear before the FAA. Accordingly, the appeal in question was taken up keeping in view the spirit of RTI Act. That PIO/DSWO Bandipora stated that information sought was voluminous and the appellant was asked to deposit the Photostat charges and take the information, but instead of approached the PIO he has filed the appeal. The 1st appeal was disposed of by Director Social Welfare Kashmir vide order date 21.01.2016 with directions to PIO to provide the adequate information to the appellant as sought by him.
The DSWO Bandipora (PIO) filed reply before SIC on 11.03.2016 submitting that he received RTI application on 02.11.2015, wherein the address of PIO was not mentioned. Accordingly, the information seeker was directed to submit the name of actual PIO vide letter dated 09.11.2015 through speed post on 12.11.2015, but no response was received. Thereafter, vide communication dated 16.11.2015, the appellant was asked to deposit an amount of Rs 12000/- for requisite information, as the information has to be collected from Gurez, Sumbal and Bandipora Tehsils, as these Tehsils are without computer facilities, for computer charges @ Rs 10/- per page.
In compliance to the directions of the Director Social Welfare Kashmir ( FAA) , the information sought has been sent to the information seeker in the form of CD on 29.01.2016 and dispatched to his address. The respondent PIO and Assistant Director Social Welfare Kashmir appeared before the SIC on 25.3.2016 , however the appellant did not appear.
SIC order dated 25.3.2016 reads as :
"As prescribed under RTI rules 2012, the fee on account of copying charges is Rs 2/- for each page even if photocopying facilities are not available in the offices and amount of copying charges involved is more. Therefore, the Director Social Welfare (FAA) ought to have modified the order of PIO to the extent of prescribed fee. However, in the present case, FAA has disposed of the appeal with the directions to the PIO to provide information and in compliance to which PIO has send the information in the form of CD on 29.01.2016. PIO/DSWO Bandipora submitted that he has send this information in the form of CD through ordinary post. Therefore, the appellant may take another copy of the information from the PIO on payment of charges on any working day within two weeks. With the above directions, the appeal filed is disposed off. |
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