GreaterKashmir.com:Faheem Aslam:Saturday, September, 03, 2011.
Srinagar, Sep 2: In first ruling of its kind, the State Information Commission has sought a compensation of Rs 2000 from a Public Information Officer for “causing mental agony” to a Below Poverty Line woman who had sought information under the J&K Right to Information Act.
THE CASE:
Haleema Begum wife of Bashir Ahmad Khan of Hangalpora Kupwara had filed an application under the RTI Act on March 16, 2011, before the District Programme Officer, Integrated Child Development Scheme (ICDS), Kupwara. Haleema had sought an order copy about the appointment/engagement of a helper in Anganwari Centre of ICDS there.
The officer forwarded the application to the ICDS Project Officer Ramhal for necessary action. He, however, failed to provide the desired information within 30 days, as is mandatory under the RTI Act.
This forced Haleema to file a complainant before the State Information Commission on May 5 against the officer’s “dereliction of statutory duties under the RTI legislation.”
THE INCONVENIENCE:
The complaint was fixed before the Commission on July 29 for hearing and the Commission passed an order, directing the Public Authority to “explain why the complainant Haleema Begum who belongs to BPL and who had to come down from village Vilgam Hangalpora Kupwara, which is nearly 125 kms away from Srinagar, be not provided compensation as laid down in Section 16 of the Act.”
The order mentioned that Haleema “incurred Rs 250 as bus charges including for her brother. The inconvenience caused and mental agony is un-measurable, therefore, taking an overall view, the public authority should respond to this notice within eight days from the receipt of the order.”
The CIC ruled that “whereas, you as Public Authority were directed to respond to the above directions of the Commission within eight days which you have failed to. Your response was received by this Commission later which has been examined and it nowhere objects to the issue of compensation to be paid to the complainant for the loss she has suffered due to the inaction of your department.”
Therefore, the CIC ruled, the SIC is of considered view that a compensation of Rs 2000 be paid to the complainant “for suffering loss and mental agony.”
‘INQUIRY AGAINST OFFICERS’:
Earlier the CIC had already issued one order against the PIO for being careless.
“The PIO Nazir Ahmad Mir has not bothered to respond to the information seeker’s request for many months. The information seeker wanted only a copy of appointment/engagement order of Helper, Anganwadi Centre of ICDS Ramhal,” the order reads. The CIC said that “I personally visited Kupwara on 9.7.2011 and addressed PIOs of the district. I explained to them all the provision of law, particularly provisions to law relating to forwarding of letters to the officers who possess the information.”
He has asked the Deputy Commissioner Kupwara to “enquire into negligence and carelessness of PIO and Chief Development Project Officer Muhammad Ayub Wani. And the Commission would appreciate if a copy of finding of the enquiry is marked to it.”
RTI ACTIVISTS WORRIED:
Pertinently, RTI activists have recently asked to Jammu and Kashmir Government to address the problem of “unhelpful attitude” of the Public Information Officers, arguing that the RTI users in the state often have to face hostile and unhelpful attitude from the PIOs. “PIOs often ask too many irrelevant questions which intimidate RTI applicants, mostly women and youth,” they said.
The activists recommended that the General Administration Department (GAD) should issue detailed instructions laying down a code of conduct for PIOs to observe when dealing with RTI applicants. “Politeness and courtesy must characterize such interaction on both sides,” they said in a resolution to the Chief Information Commissioner.
THE CASE:
Haleema Begum wife of Bashir Ahmad Khan of Hangalpora Kupwara had filed an application under the RTI Act on March 16, 2011, before the District Programme Officer, Integrated Child Development Scheme (ICDS), Kupwara. Haleema had sought an order copy about the appointment/engagement of a helper in Anganwari Centre of ICDS there.
The officer forwarded the application to the ICDS Project Officer Ramhal for necessary action. He, however, failed to provide the desired information within 30 days, as is mandatory under the RTI Act.
This forced Haleema to file a complainant before the State Information Commission on May 5 against the officer’s “dereliction of statutory duties under the RTI legislation.”
THE INCONVENIENCE:
The complaint was fixed before the Commission on July 29 for hearing and the Commission passed an order, directing the Public Authority to “explain why the complainant Haleema Begum who belongs to BPL and who had to come down from village Vilgam Hangalpora Kupwara, which is nearly 125 kms away from Srinagar, be not provided compensation as laid down in Section 16 of the Act.”
The order mentioned that Haleema “incurred Rs 250 as bus charges including for her brother. The inconvenience caused and mental agony is un-measurable, therefore, taking an overall view, the public authority should respond to this notice within eight days from the receipt of the order.”
The CIC ruled that “whereas, you as Public Authority were directed to respond to the above directions of the Commission within eight days which you have failed to. Your response was received by this Commission later which has been examined and it nowhere objects to the issue of compensation to be paid to the complainant for the loss she has suffered due to the inaction of your department.”
Therefore, the CIC ruled, the SIC is of considered view that a compensation of Rs 2000 be paid to the complainant “for suffering loss and mental agony.”
‘INQUIRY AGAINST OFFICERS’:
Earlier the CIC had already issued one order against the PIO for being careless.
“The PIO Nazir Ahmad Mir has not bothered to respond to the information seeker’s request for many months. The information seeker wanted only a copy of appointment/engagement order of Helper, Anganwadi Centre of ICDS Ramhal,” the order reads. The CIC said that “I personally visited Kupwara on 9.7.2011 and addressed PIOs of the district. I explained to them all the provision of law, particularly provisions to law relating to forwarding of letters to the officers who possess the information.”
He has asked the Deputy Commissioner Kupwara to “enquire into negligence and carelessness of PIO and Chief Development Project Officer Muhammad Ayub Wani. And the Commission would appreciate if a copy of finding of the enquiry is marked to it.”
RTI ACTIVISTS WORRIED:
Pertinently, RTI activists have recently asked to Jammu and Kashmir Government to address the problem of “unhelpful attitude” of the Public Information Officers, arguing that the RTI users in the state often have to face hostile and unhelpful attitude from the PIOs. “PIOs often ask too many irrelevant questions which intimidate RTI applicants, mostly women and youth,” they said.
The activists recommended that the General Administration Department (GAD) should issue detailed instructions laying down a code of conduct for PIOs to observe when dealing with RTI applicants. “Politeness and courtesy must characterize such interaction on both sides,” they said in a resolution to the Chief Information Commissioner.
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