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Applicant files 30 RTI applications to harras BDO
Miffed SIC scolds applicannl
7/14/2016 10:35:59 PM
Early Times Report
Jammu, July 14: In order to build unnecessary pressure on a public servant , an information seeker has filed more than 30 RTI applications before Block Development Officer (BDO) Khour block of Jammu.
The applicant according to reliable sources has been seeking personal information about a BDO and the information is not at all related to any public activity . Not satisfied with the reply from BDO, the matter landed in State Information Commission (SIC) , and the SIC in its orders has taken a strong note of this matter and directed the information seeker to desist from such activity.
Details available with Early Times reveal that one Sikander Singh R/O Hamirpur , Sidhar block Khour Jammu filed 2nd appeal before the State Information Commission (SIC) on 07-05-2016, on the ground that no reply has been received within stipulated time from BDO, Khour in respect of RTI application dated: 09-02-2016, filed before PIO, Directorate of Rural Development, Jammu. The information seeker had asked for information related to service and qualification of Bola Nath Sharma, BDO, Khour. Sikander Singh prayed before the Commission that requisite information be provided to him and appropriate action be taken against PIO (BDO) for causing delay in providing information.
During hearing of this case , ACD Jammu (First Appellate Authority -FAA) BDO, Khour/PIO and appellant Sikander Singh attended hearing through video conferencing from Jammu office of the Commission. BDO, Khour submitted that he has filed reply/counter statement before Commission with copy to the appellant. Perusal of the reply filed by BDO, Khour dated: 31-05-2016 reveals that in response to application dated: 09-02-2016, filed by the appellant, Sikander Singh, point-wise reply has been provided to the appellant through registered cover vide letter dated 23-02-2016 along with 34 leaves free of cost. According to BDO , the information has been sent through Indian Post Receipt No. RE862685069IN dated: 26-02-2016.
During proceedings before SIC on 6.6.2016 appellant admitted receipt of information by post a few days back. However, as per provisions of the State RTI Act, the period of disposal of RTI application has been reckoned from the date of receipt of application to date of dispatch by PIO. "In this case, information has been sent by the PIO/BDO, Khour well within time through prescribed mode of service. Therefore, information, even if received late, due to postal delay is not attributable to the PIO" said the Commission's order.
Appellant pointed out that information regarding educational and professional qualification of Bola Nath Sharma, BDO is incomplete. However, from the reply of the PIO, it is evident that PIO has intimated RTI applicant about the educational qualification of Bola Nath Sharma, BDO as "B.A. through IGNOU" and professional qualification as "Secretariat Assistant Training Examination passed through JKPSC." Copies of both educational and professional qualifications have been endorsed to the appellant. The appellant could not substantiate his allegation.
SIC order reads as :
"There is no merit in the arguments of the appellant. Commission has noted that PIO has provided information free of cost, although he has disposed of application within the period prescribed under the Act. He should have inform appellant about photocopy charges and also postal charges as per Section 7(3)(a) of the Act before providing information. By not doing so, PIO has caused a loss to the State Exchequer. Therefore, he is advised to be careful in future and follow procedure laid down in the Act. BDO informed that appellant has filed around thirty RTI applications, seeking voluminous information. Commission would like to inform appellant that right to information has been given to the citizens to seek such information which will serve large public interest and which would being transparency and accountability in the system. To achieve this objective, appellant ought to have sought specific information in a few applications rather than filing multiple applications, which would disproportionately divert the resources of the public authority and public authorities are within its right to deny voluminous information in the form asked for as per provisions of Section 7(9) of the Act. Further, providing voluminous information shall serve no purpose, unless information seeker makes its use for bringing transparency and accountability to eradicate corruption. The Commission asked appellant as to what purpose the information so far provided to him has served in bringing out corruption, but he could not cite a single case, where he has used the information for this purpose. In view of the above, the appeal filed before the Commission is dismissed"
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