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news details
BPL applicant asked to pay Rs 19000 as xerox fee for RTI Info
5/13/2018 10:57:52 PM
Early Times Report
Jammu May 13: A Below Poverty Line (BPL) information seeker from Arnas Reasi has been asked to pay more than Rs 19000 as xerox fees for getting information which otherwise was to be provided free of cost.
The calculation was made @ Rs 10 / copy which as per RTI rules is to be calculated @ Rs 2/ page only. After filing first appeal before Assistant Commissioner Development (ACD) the First Appellate Authority (FAA) , BDO was directed to provide the same free of cost, but the BDO did not adhere to the direction which forced the applicant to pay the xerox fees. Finally after SIC intervention information was provided to the RTI applicant.
Details available with Early Times reveals that an application was filed under State RTI Act by one Balwan Singh R/O Hunder Arnas district Reasi on 11-10-2017 seeking information from Assistant Commissioner Development (ACD). Information seeker sought copies of approved plan under MG-NREGA, CD Panchayat, Non Plan Schemes, TSP Plan, Work of CDF MLA/MP schemes including the construction of new Panchayat Ghar for the year 2014-15, 2015-16 upto ending 9/2017 and work wise year wise, scheme wise expenditure including the subsidy cases of IAY/PMRY. Information seeker also sought copies of the Muster Roll, Scheme wise, work wise for the works executed paid with the vouchers of key materials supplied procured and consumed at site.
ACD Reasi transferred this RTI application to the concerned PIO/BDO Arnas. The PIO provided part of the information to the applicant vide communication dated 08-11-2017. Not satisfied with the information so provided by the PIO, the applicant filed 1st appeal with First Appellate Authority (FAA), ACD, Reasi on 15-12-2017.
The FAA / ACD on 19-12-2017 issued a notice to BDO (PIO) to attend his office along with point-wise, correct and complete information so that appeal can be heard and disposed of.
The FAA / ACD vide his order dated 28-12-2017 directed the PIO/BDO, Arnas to provide complete information to the applicant free of cost after ascertaining that the applicant belongs to BPL category and otherwise provide the information to the applicant after he submits the fee as prescribed under J&K RTI Act, 2009. The applicant deposited a sum of Rs 19050/- on 02-01-2018 under the Object Head 0070 with Government Treasury, Arnas. Inspite of depositing the said fee, the applicant was not provided the desired information forcing him to file 2nd appeal before the State Information Commission (SIC) on 22-02-2018.
The instant appeal came up for hearing before the State Information Commission (SIC) on 02-04-2018. The hearing was attended by the PIO/BDO, Arnas. The appellant along with his counsel were also present. During the hearing, the appellant through his counsel submitted that in response to his RTI application dated 11-10-2017, the PIO provided incomplete information which replied only point-1 of his RTI application. He further stated that no information was provided to him in respect of some questions of his RTI request and instead the PIO through his communication dated 20-12-2017 directed the appellant to deposit an amount of Rs 19050/- as copying charges for providing 1905 pages @ Rs 10/- per page of A-4 size. The appellant further stated that in terms of the provisions of the RTI Act, the PIO was supposed to provide the information free of cost to the appellant as the information was not provided by the PIO within specified period.
"As per the RTI Rules the fee chargeable as copying charges for creation and copying of each A-4 and A-3 size page was Rs 2/- per page but the PIO demanded copying charges @ Rs 10/- per page for A-4 size paper. The appellant therefore, urged the SIC to not only direct the PIO to provide the left out information to the appellant as immediately as possible but also to proceed against the PIO for not providing the information within the specified period and also for charging fee higher than what is prescribed under the RTI Rules.
The appellant also submitted that soon after depositing the fee of Rs 19050/- in the Government Treasury, Arnas on 02-01-2018, the receipt of the same was submitted by the appellant to Accounts Officer of the O/O PIO who acknowledged the same on 03-01-2018. However, inspite of having acknowledged the receipt by the Accounts Officer of the O/O PIO/BDO Arnas on 03-01-2018, the PIO again asked the appellant vide his communication dated 06-01-2018 to deposit the copying charges/fee @ Rs 10/- per page for getting the left out information. The PIO submitted that part of the information was provided to the appellant within the specified period on 08-11-2017 and the appellant was directed to deposit copying charges @ Rs 10/- per page for the rest of the information as the information sought by the appellant was voluminous and the information sought by him was required to be copied and photo-stated from the open market as there was no Photostat machine in the O/O the PIO/BDO, Arnas.
The appellant filed an application wherein he had stated that he had received documents/statements/reply of point nos-2, 3, 4 and 5 of his RTI application from the PIO and is satisfied with the submission of the reply provided by the PIO. The appellant submitted that he does not want to pursue his appeal any more. The appeal is disposed of without any order/direction.
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