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SIC directs BDO to provide info about MGnrega, BRGF, CDF
4/12/2014 11:37:28 PM
Early Times Report
Jammu, Apr 12 : The State Information Commission (SIC) has directed the Block Development Officer (BDO) Gundna district Doda to provide information free of cost to an applicant under State RTI Act free of cost. The BDO had earlier denied to reveal the information about works executed under MNREGA , Border Roads Grant Fund (BRGF) and CDF of MLA Doda. As per details, one Fozia Tabassum W/o Waseem Hussain R/o Gundna, Tehsil and District, Doda moved an application dated 03-10-2013 before PIO/BDO, Gundna under Jammu and Kashmir Right to Information Act, 2009 seeking Physical & financial progress report of MGNREGA & BRGF of session 2010-11 to 2012-13 of Panchayat Malwana west of Block Gundna; Work-wise invoices of skilled payment and cost material such as Sand, Bajri & Stone along with the name of beneficiaries; Progress of CDF of MLA Doda & MLC Doda from session 2005-2013; Work-wise progress report of CD Panchayat of Sarpanches of session 2011 to 2013.
Feeling aggrieved of inaction on part of the PIO and the First Appellate Authority, the appellant preferred second appeal dated 25-02-2014 before the Commission. After receiving second appeal, the matter was listed for hearing on 03-04-2014 at Jammu office of the State Information Commission. The PIO/BDO, Gundna was present in person. The appellant was represented by Asif Ali R/o Gundna, Tehsil and Distt. Doda. During the course proceedings, BDO Gundna produced an envelope addressed to the information seeker which had been returned undelivered by the postal authority. The said envelope was opened during the course of proceedings and it contained a letter bearing No.BDO/G/1564 dated 29-1-2014 in which the BDO had directed the information seeker to deposit an amount of Rs.5000/- as cost of information. The RTI application of the appellant was received in the office of BDO, Gundna on 07-10-2013 and the demand for payment of cost of information was raised on 29-1-2014 which is contrary to the mandate of section 7(5) of the RTI Act, 2009 because the PIO is under statutory obligation to provide the information free of cost to the information seeker, where the public authority fails to comply with the time limits specified in sub-section (1) of section 7. According to the SIC order " Keeping in view the aforesaid facts and observations, PIO/BDO, Gundna is hereby directed to provide the requisite information sought by the appellant in her RTI application free of cost subject to its availability in the office record by 30-04-2014under an intimation to the Commission".
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