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| SIC calls ACL Bandipora ignorant for seeking fee from BPL | | | Early Times Report
Bandipora, Dec 30: The State Information Commission (SIC) has described Assistant Labour Commissioner (ACL) Bandipora as ignorant for seeking RTI fee from BPL people.
It has been more than six years since J&K RTI Act 2009 is enforced in Jammu & Kashmir, but the senior officers designated as Public Information Officers (PIOs) are still ignorant about the provisions of this law. In a fresh case of such ignorance the ALC Bandipora who is also the designated PIO in his office has told a Below Poverty Line (BPL) information seeker that under 2012 RTI Rules , the BPL applicants are not exempted from paying application fees . The applicant has lodged an appeal before State Information Commission (SIC) which castigated the ALC by calling him "Ignorant"
Details available with Early Times reveal that one Mohammad Hussain Dar a resident of Gounchipora Sumbal district Bandipora filed second appeal before the State Information Commission (SIC) on 27.11.2015 under Section 16(4) of the J&K RTI Act 2009 wherein he stating that PIO/Assistant Labour Commissioner Bandipora rejected his application because of attachment of BPL Ration Card . That the PIO did not provide information even after direction from Deputy Labour Commissioner Srinagar (FAA) . He has accordingly requested the Commission to provide him full information, which he has sought in his RTI application and take necessary steps towards the accountability and transparency of the PIO.
In response to the notice of the Information Commission, Deputy Labour Commissioner Srinagar/ First Appellate Authority (FAA) submitted vide reply dated 15.12.2015 that his office received an appeal from office of the Labour Commissioner J&K Srinagar vide letter dated 18.08.2015 where under it was stated that appellant was not provided the requisite information under RTI Act 2009 by Asst. Labour Commissioner Bandipora. In response to said letter, Deputy Labour Commissioner Srinagar/FAA vide letter dated 07.10.2015 directed Asstt. Labour Commissioner Bandipora to provide the requisite information to the appellant without charging any fee. The Dy. Labour Commissioner vide letter dated 07.10.2015 has drawn attention of the Asstt. Labour Commissioner Bandipora towards Section 7 Sub- Section 5 of the RTI Act 2009, which provided that no fee shall be charged from the person who are below poverty line as may be determined by the Government.
The State Information Commission (SIC) also received a communication from Assistant Labour Commissioner (ALC) Bandipora dated 11.12.2015, where under he has stated that on receipt of the RTI application, the information seeker was asked to deposit the requisite fee as laid down under J&K RTI Act 2012, which he refused to pay and instead stating that he belongs to BPL category.
The ALC further stated in his letter to SIC that the amended Rules 2012 do not mention anywhere for application fee is exempted to the BPL category and information should be provided free of cost. As regards information sought, he has stated that the said information is available on the official website of DDC Bandipora and also on the website of J&K Building and Other Construction Workers Welfare board (www.boewwb.org).
During proceedings held at SIC Srinagar on 19.12.2015 the Assistant Labour Commissioner (ALC) , Bandipora submitted that appellant was informed vide letter dated 05.08.2015 that he has not deposited the requisite fee as required under Rule (3) of J&K RTI Rule, as such, the appellant has been asked to deposit the required fee as per provisions of the Act. The appellant denied to have received this communication.
The Commission noted during appeal hearing that on the RTI application itself, the Assistant Labour Commission has remarked "RTI application returned back to the applicant due to non-fulfilment of Rules 3 of the said Act" and this RTI application is enclosed with the appeal implying thereby that appellant/information seeker was knowing all this.
However, keeping the spirit of the RTI Act into consideration , the appellant was given an opportunity by SIC to submit documentary evidence of being a member of BPL to the PIO/ Asstt. Labour Commissioner Bandipora or else deposit the fee as prescribed under RTI Rules 2012 before the PIO. The PIO is directed to dispose of the RTI application within 10 days of receipt of the evidence of BPL Card or amount of fee in the form as prescribed in the RTI Rules 2012.
SIC order reads: "The PIO, while returning the RTI application has referred to Rule 3 of the RTI Act 2012, implying thereby that providing information free of cost to BPL category is not included in rules. However, the PIO seems to be ignorant of the fact that this provision is laid down under Section 7 Sub-Section 5 Para 2 of the Act, which has been brought to his notice by the FAA/Dy. Labour Commissioner Srinagar. This shows that the PIO is not conversant with the provisions of the Act, which can lead to the denial of information to the genuine BPL category persons. The PIO is directed to be careful in future and in case any such lapses come to the notice of the Commission, Action as warranted under the Act shall be taken. However, in this particular case, the documentary evidence of BPL card is not in the name of person seeking information as was required under Section 7 Sub-Section 5 of the Act, hence no action is warranted in this particular case". |
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