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Filing of multiple RTI applications on one subject
SIC warns RTI applicant, tenders apology
9/1/2013 12:08:23 AM
Early Times Report
SRINAGAR, Aug 31: An RTI applicant tendered a written apology before the State Information Commission here on August 18 after it was found that he filed multiple RTI applications in different offices of Bandipora district to seek information related to one subject.
As per details available with Early Times the State Information Commission (SIC) received a complaint 10.07.2013 from one Showkat Ahmad Dar son of Ab. Rehman Dar a resident of Khamyar Tehsil Pattan stating that under RTI Act he asked some information from District Development Commissioner Bandipora who is also the Chairman Zilla Lok Shiksha Samiti Bandipora vide Registered letter dated 30.05.2013 but he get the information from the said office.
The records available with Early Times SIC reveal that an RTI application has been filed by the complainant Showkat Ahmad Dar addressed to District Development Commissioner (Chairman Zilla Lok Shiksha Samiti Bandipora), District Bandipora on 30.05.2013 seeking information on 14 points on prescribed format. This RTI application has been transferred by ADC Bandipora to PIO the DDC Bandipora under letter dated 16.06.2013.
In his reply/counter statement dated 03.08.2013, Deputy Commissioner Bandipora has submitted that the matter was immediately discussed on phone with Principal DIET Bandipora and he was apprised about the information sought by the applicant. Meanwhile Chief Planning Officer was also advised to take up the matter with the Principal DIET so that desired information is provided to the applicant. Thereafter, Principal was reminded regarding said information vide letter dated 12.07.2013 who informed that the requisite information has been handed over personally to the candidate on 23.06.2013 against proper receipt and in proof thereof a copy of receipt has been enclosed. Thereafter, a copy of desired information has also been furnished to the complainant vide letter No. DCB/1940 dated 03.08.2013 through Speed Post.
The SIC order :
The Information Commission has noted that the complainant has also sought same set of information on the same format on the same date i.e., 30.05.2013 from Principal DIET/Member Secretary, ZLSS Bandipora and the complaint in both the cases are dated 08.07.2013 received in the Commission on 10.07.2013. Obviously, this is a case of multiple applications seeking same information from different Public Authorities. Tariq Hussain, Vice-Principal DIET Bandipora appeared before the Commission and produced copy of another RTI application filed before Director School Education Kashmir on 30.05.2013 seeking same information. It is therefore obvious that information seeker has filed same application before three different Public Authorities.
Vice Principal DIET Bandipora clarified that after compilation of information it was sent to CEO Bandipora, who is the designate PIO of the Education Department under letter dated 21.06.2013 with copy marked to the concerned candidate. He submitted that a set of information was handed over to the information seeker on 23.06.2013 and produced a receipt thereof but, complainant denied to have received any such information by him. However records enclosed with the reply of DC Bandipora reveal that same RTI application filed before Principal DIET Bandipora has been disposed on 21.06.2013 by sending response to all the queries to the CEO-designated PIO with copy to concerned. Therefore RTI application under reference has been disposed of within prescribed period. The same set of information has again been sent through Speed Post by the Office of Deputy Commissioner Bandipora on 03.08.2013. While taking serious note of this matter the Commission's order reads : "The Commission has taken a serious note for filing multiple RTI applications by the complainant seeking same the information from three Public Authorities. It
appears that he has done so with malafide intentions to unnecessary overburden/ harass the Public Authorities. The plea of the complainant that he filed multiple applications because he did not receive any response defies logic in view of the fact that these applications have been filed concurrently on the same date without waiting for response within prescribed period. He has thus misused the provisions of RTI Act. On being pointed out and confronted with facts the complainant admitted the mistake and tendered written apology before the Commission"
The order further reads :
"A set of information already given is again handed over to the complainant during hearing. Since complainant has apologized to the Commission, same is accepted with warning not to misuse the RTI Act in future"
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