SIC directs CAPD Kishtwar to refund amount - Early Times Newspaper Jammu Kashmir

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SIC directs CAPD Kishtwar to refund amount

Applicant pays Rs 14000 for info under RTI, fails

10/28/2014 11:23:24 PM

Jammu, Oct 28: While disposing off an interesting case related to Consumer Affairs & Public Distribution Deoartment (CAPD), the State Information Commission (SIC) has directed the Assistant Director CAPD Kishtwar to refund an amount of Rs 14000/- to the information seeker from Kishtwar. Inl order to demoralize the RTI applicant, the CAPD officials had asked him to pay such a hefty amount as photocopying charges for 7000 pages (Rs 2 per page). To the utter surprise of CAPD officials the RTI applicant (information seeker) paid the requisite amount of Rs 14,000/- , but the CAPD officials could not provide him the information. Finally the case landed in State Information Commission (SIC) which gave judgment in favour of the information seeker.
As per documents available with Early Times one Naseeb Singh S/o Tara Chand R/o Dool, Nagseni Tehsil & District Kishtwar moved an application dated 20-01-2014 before the Public Information Officer (PIO) ie Assistant Director, Consumer Affairs & Public Distribution Department (CAPD) Kishtwar under Jammu & Kashmir Right to Information Act, 2009 (RTI) where-under he sought information about sale depots and private dealers existing and functioning in District Kishtwar and number of ration card holders registered with each such sale depot and private dealers under APL/BPL/AAY category.
The information seeker also sought copies of the statements from October 2013 toDecember 20 of all storekeeper's/salesmen working at respective place (Store/Sale Depot) in District Kishtwar plus copies of permit of all the private dealers for the last one year (w.e.f. Jan. 2013 to Dec. 2013) and total amount that has been paid to each Tehsil Supply Officer (TSO) (w.e.f. Jan 2013 to Dec. 2013) for the purpose of carriage by Ponies along with copies of invoices.
The information seeker (appellant) was asked to deposit an amount of Rs. 14,000/- (Rupees Fourteen Thousand Only) as cost of information which was accordingly deposited by him on 28-04-2014. Meanwhile, the appellant had filed 1st appeal dated 19-03-2014 before the Director, CAPD Jammu which was disposed of vide order no. 169/G/RTI/Appeal-60/CS/257-257(a) dated 17-05-2014 with a direction to PIO/Assistant Director, CAPD Deptt, Kishtwar to provide the requisite information within next 2-3 days under intimation to the office of the Director. The appellant did not receive any response from the PIO/Assistant Director, CAPD Kishtwar and as such feeling aggrieved of inaction on the part of the PIO, approached the J&K State Information Commission(SIC) by filing 2nd appeal ON 14-08-2014 wherein he alleged that no information has been provided to him despite the fact that he was asked by the PIO/Asstt. Director, CAPD Kishtwar vide letter no. AD/CAPD/K/2013/2046-47 dated 05-03-2014 to deposit a sum of Rs. 14,000/- (Rupees Fourteen Thousand Only) as cost of information (Photostat charges) under Jammu & Kashmir Right to Information Act, 2009.
The Commission after receiving the 2nd appeal listed the matter for hearing on 10-09-2014 & 17-10- 2014. On 17-10-2014 both the parties were present. During the course of proceedings, the PIO cum Assistant Director, CAPD Kishtwar apprised the Commission that he has sent the information to the information seeker under a registered cover at his residential address mentioned in the RTI application on 15-10-2014 and also produced a receipt for the perusal of the Commission.
SIC's order dated 17.10. 2014:
"From the aforesaid facts, it is apparent that the demand for cost of information was made on 05-03-2014, though the application was filed by the information seeker on 20-01-2014 which shows that the demand was contrary to the provisions of the J&K RTI Act, 2009 as it was made beyond statutory period of 30 days as prescribed in the Act. Moreover, there is an inordinate delay in furnishing the information to the information seeker by the concerned PIO though a direction to this effect was made by the 1st appellate authority to furnish the information within 2-3 days from the date of passing of the order" reads the order issued by State Information Commissioner Dr S K Shrama
SIC order further reads as:
" In view of the aforesaid facts and observations, the Commission is of the considered opinion that the cost of information charged from the information seeker was beyond statutory period as prescribed in the J&K RTI Act, 2009 and the said amount be refunded to the information seeker. The PIO/Asstt. Director, CA&PD Deptt, Kishtwar is hereby directed to refund the said amount of Rs. 14,000/- (Rupees Fourteen Thousand Only) which was deposited by the information seeker as cost of the information within two week's from the date of receipt of this order under an intimation to the Commission. The information stands already furnished to the information seeker and as such no further direction in the matter is required. The appeal is accordingly disposed of".

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