GreaterKashmir.com:R.M.Bhat:Tuesday, November 29, 2011.
Srinagar, Nov 28: Bringing in question the applicability of the J&K Right to Information Act over the central government agencies in the state, the Power Grid Corporation of India, Wagoora Budgam office, has refused to entertain an application under J&K Right to Information Act.
Applicant, Mushtaq Ahmad Lone of Chadoora, Budgam had filed an application under J&K Right to Information Act 2009 in Wagoora office of the corporation seeking information in regard to compensation paid to the farmers whose trees were felled by it.
Lone alleged that the corporation had not given due compensation to the farmers, nor taken into confidence the State Agriculture and Forest Departments while fixing the compensation.
Curiously, the corporation’s argument that the requisite fee with RTI application should have been in the shape of Indian Postal Order (IPO), implies that the application should have been filed under the Central RTI Act only which runs contrary to the set rules governing the field.
Pertinently, the J&K State Information Commission (SIC) has already made it clear to all the Central Government departments having their offices in J&K that they come under purview of J&K RTI Act 2009.
A two-page letter from the SIC, copy of which is with Greater Kashmir has asked such offices to immediately appoint the Public Information Officers (PIOs), Assistant Public Information Officers (APIOs) and 1st Appellate Authority to facilitate provision of information to the RTI applicants.
According to experts the J&K RTI Act 2009 brings in its sweep all the Public Authorities functioning within the territorial jurisdiction of Jammu and Kashmir.
The SIC has asked the central departments that the applications from information seekers in J&K be entertained and disposed of as per the provisions of the J&K RTI Act of 2009.
Lone said: “I could have filed the application under Central RTI Act in which I had to pay just Rs 10 as application fees instead of Rs 50 I paid under State RTI Act but as the SIC has made it clear that all the offices whether owned by state government or government of India within territory of J&K come under the ambit of J&K RTI Act, I moved the application under J&K RTI Act.”
Preferring the application under Central RTI Act, according to Lone, could have created another problem for him. “If I could not get the satisfactory answer from the corporation under Central RTI Act, in that eventuality I had to file a complaint before Central Information Commission, New Delhi which obviously would be very difficult, time-consuming and costly an affair for me.”
Corporation version:
Coordinator RTI Act, Power Grid Corporation, Jammu, S K Das said that their office cannot entertain an application in which the fees has been paid in the form of non judicial stamp paper as, according to him, that cannot be credited into their account.
“We want RTI application fees to be paid in shape of Indian Postal Order (IPO),” Das added.
To mention, under J&K RTI Act 2009 fees can be deposited in the form of IPO, Demand Draft, cash, or Non Judicial stamp paper and no PIO can refuse to accept the fees paid in shape of non judicial stamp paper.
Plea before SIC:
Lone has now filed a complaint under section 15 of J&K RTI Act 2009 before J&K State Information Commission Srinagar office. “I am sure I will get justice from the commission,” he said.
Applicant, Mushtaq Ahmad Lone of Chadoora, Budgam had filed an application under J&K Right to Information Act 2009 in Wagoora office of the corporation seeking information in regard to compensation paid to the farmers whose trees were felled by it.
Lone alleged that the corporation had not given due compensation to the farmers, nor taken into confidence the State Agriculture and Forest Departments while fixing the compensation.
Curiously, the corporation’s argument that the requisite fee with RTI application should have been in the shape of Indian Postal Order (IPO), implies that the application should have been filed under the Central RTI Act only which runs contrary to the set rules governing the field.
Pertinently, the J&K State Information Commission (SIC) has already made it clear to all the Central Government departments having their offices in J&K that they come under purview of J&K RTI Act 2009.
A two-page letter from the SIC, copy of which is with Greater Kashmir has asked such offices to immediately appoint the Public Information Officers (PIOs), Assistant Public Information Officers (APIOs) and 1st Appellate Authority to facilitate provision of information to the RTI applicants.
According to experts the J&K RTI Act 2009 brings in its sweep all the Public Authorities functioning within the territorial jurisdiction of Jammu and Kashmir.
The SIC has asked the central departments that the applications from information seekers in J&K be entertained and disposed of as per the provisions of the J&K RTI Act of 2009.
Lone said: “I could have filed the application under Central RTI Act in which I had to pay just Rs 10 as application fees instead of Rs 50 I paid under State RTI Act but as the SIC has made it clear that all the offices whether owned by state government or government of India within territory of J&K come under the ambit of J&K RTI Act, I moved the application under J&K RTI Act.”
Preferring the application under Central RTI Act, according to Lone, could have created another problem for him. “If I could not get the satisfactory answer from the corporation under Central RTI Act, in that eventuality I had to file a complaint before Central Information Commission, New Delhi which obviously would be very difficult, time-consuming and costly an affair for me.”
Corporation version:
Coordinator RTI Act, Power Grid Corporation, Jammu, S K Das said that their office cannot entertain an application in which the fees has been paid in the form of non judicial stamp paper as, according to him, that cannot be credited into their account.
“We want RTI application fees to be paid in shape of Indian Postal Order (IPO),” Das added.
To mention, under J&K RTI Act 2009 fees can be deposited in the form of IPO, Demand Draft, cash, or Non Judicial stamp paper and no PIO can refuse to accept the fees paid in shape of non judicial stamp paper.
Plea before SIC:
Lone has now filed a complaint under section 15 of J&K RTI Act 2009 before J&K State Information Commission Srinagar office. “I am sure I will get justice from the commission,” he said.