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| SIC directs BDO to refund photocopying fee | | Failing to adhere to RTI provisions | | Early Times Report
Jammu, Oct 12: As Block Development Officer (BDO) Dansal block in Jammu failed to adhere to the provisions of J&K RTI Act 2009 , the State Information Commission (SIC) has directed the BDO to refund the amount to the information seeker and directed him to provide information free of cost .
Dhian Singh a resident of Chhani Himmat, Jammu filed an application dated 05.06.2014 before the Director, Rural Development Department, Jammu under the J&K RTI Act 2009 wherein he sought the list of beneficiaries of MGNREGA, IAY schemes regarding certain villages of Dansal Block for the year 2013-14.
The Deputy Director (Adm.), office of the Director, Rural Development Department, Jammu vide office letter No.DRDJ/RTI/2014/120/4355-56 dated 10.06.2014 transferred the application of the information seeker to PIO/BDO, Dansal with a direction to provide the information to the information seeker in terms of J&K Right to Information Act, 2009.
The PIO/BDO, Dansal vide office letter No.BDO/Dnl/2014-15/230 dated 09.07.2014 informed the information seeker that the information sought is voluminous in nature which required Xeroxing of office record approximately 400 ages and requested the information seeker to pay an amount of Rs.2/- per page as Xeroxing charges. In compliance to the aforesaid direction of the BDO, Dansal, the information seeker deposited an amount of Rs.800/- in the Saddar Treasury, Town Hall, Jammu as cost of the information and intimated the same to the PIO/BDO, Dansal vide application through registered post on 28.07.2014. The BDO, Dansal vide office letter No. BDO/Dnl/2014-15/332 dated 04.08.2014 returned the Treasury Receipt for an amount of Rs.800/- to the information seeker on the ground that it does not correspond to the J&K RTI Rules, 2012, as the fees deposited in the form of treasury receipt has not been paid in favour of accounts officer of the public authority. The appellant submitted a demand draft for an amount of Rs.800/- drawn in favour BDO, Dansal on 07.08.2014. The BDO, Dansal vide office letter No. BDO/Dnl/2014-15/490 dated 08.09.2014 again returned the demand draft on the ground that it is not drawn in favour of the Accounts Officer of the public authority and is not covered under the J&K RTI Rules, 2012. The appellant again requested the BDO, Dansal vide his application dated 18.08.2014 to intimate him the mode of payment and the Accounts Officer of the public authority in whose favour the demand draft can be drawn. Both the treasury receipts as well as demand draft were returned to the information seeker vide office letter No. BDO/Dnl/2014-15/349 dated 09.08.2014 and the appellant was requested to deposit the fee payable to the Accounts Officer of the public authority so that the information can be provided to him.
The BDO, Dansal also requested the appellant to visit his office during office hours to access the information free of cost for which the office record will be made available to the information seeker in order to avoid further delay in providing the desired information. The information seeker vide his application dated 13.09.2014 submitted the cost of information through the Indian Postal Orders drawn in favour of the BDO, Dansal and requested for the information sought in the RTI application and after that the BDO, Dansal wrote a letter vide his office No. BDO/Dnl/2014- 15/583-86 dated 22.09.2014 to BDO, Nagrota for submitting the information to the information seeker relating to certain villages falling under his jurisdiction and also enclosed the Indian Postal Orders amounting to Rs.200/- on account of fee charges, received from the information seeker. The BDO, Dansal further wrote a letter to BDO, Nagrota vide office No. BDO/Dnl/2014-15/645-46 dated 13.10.2014 that new BDO Block Nagrota has been created and all the information is to be provided by the said Block as the area for which the information sought, falls in his jurisidiction and requested the BDO, Nagrota that in case, any information is required from the office of the BDO, Dansal, it will be made available to any person deputed by the office of the BDO, Nagrota for collection of the record/information at any time.
The BDO, Dansal submitted before the State Information Commission (SIC) during the case hearing that he has furnished the requisite information which pertained to his office and rest of the information sought by the information seeker pertained to BDO, Nagrota and accordingly, the notice was also issued to the BDO, Nagrota and matter was again listed for hearing on 30.09.2015.
During the course of proceedings held on 30.9.2015 , PIO/BDO, Nagrota apprised the Commission that he has prepared the information as per the proforma submitted by the information seeker in his RTI application. However, the information seeker after examining the said information submitted that it does not contain the parentage of the persons relating to whom the information has been sought in MG-NREGA, IAY schemes. The perusal of the RTI application shows that the applicant sought only names of the persons in the aforesaid schemes and nowhere he has requested for the parentage of the persons concerned, however, BDO, Nagrota agreed to furnish the parentage also and sought time from the Commission to do the needful. The information seeker also confined his request to three villages i.e. Jagti, Dhammi, and Panjgrain.
SIC order reads as :
"In view of the aforesaid observations and the submissions made by the parties, the PIO/BDO, Nagrota is hereby directed to furnish the requisite/revised information as per the request of the information seeker and as per office record, free of cost within two weeks from the date of receipt of this order under an intimation to the Commission. The PIO/BDO, Dansal is directed to refund the amount of Rs.800/-which was deposited by the applicant in favour of BDO, Dansal as cost of information in Saddar Treasury, Town Hall, Jammu on 24.07.2014 within two weeks from the date of receipt of this order" |
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