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| SIC directs ACD to provide info free of cost | | Applicant asked to pay Rs 58,000 RTI fee | | Early Times Report
Srinagar, Nov 24: State Information Commission (SIC) has set aside order of Assistant Commissioner Development (ACD) Kargil who is also the First Appellate Authority (FAA) under J&K RTI Act 2009 and directed him and concerned Block Development Officers (BDOs) to provide information free of cost to an RTI applicant as the stipulated time of 30 days for providing information had elapsed.
Details available with Early Times reveal that an RTI application dated 20.03.2018 was filed by an applicant Mohammad Hassan Masha R/O Tambis Sankoo district Kargil before ACD Kargil seeking information on 30 queries with regard to implementation of centrally sponsored programme MNREGA in District Kargil since. ACD transferred RTI application to all the Block Development Officers (BDOs) who are also the designated Public Information Officers (PIOs) at block level.
In view of non-response of the PIOs (BDOs) in providing the requisite information within the stipulated time limit, the applicant filed First Appeal before the Assistant Commissioner, Development, Kargil who is the First Appellate Authority FAA for BDOs on 20.04.2018.
The FAA vide letter dated 25.07.2018 filed reply/counter statement to the 2nd appeal wherein he submitted that the applicant vide his RTI application dated 22.03.2018 sought voluminous information as such he was advised to approach concerned Block Development Officers (BDOs) of District Kargil as records and information was lying with the concerned BDOs.
The ACD Kargil / FAA further submitted before SIC that vide letter dated 21.05.2018 all BDOs were directed to provide the information available with them within a period of 10 days and with regard to information available with ACD Office Kargil, the Section Officer concerned was directed to provide the same to the applicant within 10 days. Besides all the BDO's were directed by ACD to reassemble on 31.05.2018 in his office along with the relevant information to be provided to Hussain Masha in his office. The appellant was asked to deposit an amount of Rs. 58801 into District Treasury Kargil as Photostat charges. However, the applicant failed to deposit the said amount . The FAA further informed Commission that the information sought pertained to whole district Kargil and was too lengthy and voluminous. "During the proceedings before SIC , the FAA (ACD Kargil) reiterated that the appellant did not deposit Rs 58801/- as Photostat charges. However as per the provisions of J&K RTI Act, 2009, the information is to be provided to an information seeker free of cost if the PIO fails to provide the information to him within the time frame of 30 days. Since the PIO has failed to furnish information to the appellant with the period specified in Section 7(1) of the RTI Act, he cannot charge any fee from the appellant for the desired information "reads SIC order. |
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