Wednesday, April 02, 2014

PIL filed on proactive disclosures under RTI, HC asks Govt, CIC to file response.

Kashmir Times: Srinagar: Wednesday, April 02, 2014.
The High Court has issued notice to the state government, state’s Chief Information Commissioner besides the Jammu and Kashmir Bank asking them to file response to a Public Interest Litigation (PIL) seeking implementation of proactive disclosures under Right to Information Act.
The PIL which was filed by advocate Mohammad Ashraf Wani was listed by the Chief Justice before a division bench comprising of Justice Hasnain Masoodi and Justice D S Thakur has said that there will be no need to submit a written application or pay application fees, if the Section 4 of the RTI Act is implemented in letter and spirit.
The petitioner has informed the court that despite many representation and communication made by the state information commission (SIC) this section has not been implemented. The petitioner has further sought direction to Registrar General of the High court to take such steps to make the daily orders and judgments available on the official website of the High court so that orders are easily accessible to people and people associated with judiciary.
The PIL has invited a high court direction to Jammu and Kashmir Bank to designate Public Information Officer (PIO) and furnish information.
In order to curb the menace of corruption in the state of J&K and to bring transparency and accountability in the system, the state legislature promulgated, The Jammu and Kashmir Right to Information Act, 2009.
According to the petitioner under Section 4 of the Act (supra) (considered the sole of the Act) , it was obligatory upon the every department to disclose information voluntarily within a period of 120 days from the enforcement of the Act (supra), March 20, 2009, the information shall be furnished by every Government department, semi Government organization, public sector bank with more than 50 per cent government share, board or a corporation should proactively or voluntarily give you the following information.
“The information must be digitized and put on the website of the department. name, designation, powers, duties, responsibilities and salaries of all the officers working in that particular organization., the decision making procedure in all matters and the norms set for taking action on any matter, details of all rules , regulations, instructions, manuals and guidelines used by officers in their work,” the petitioner has said.
The PIL reads that a list of all categories of records available in their offices, the proposed budget, allocation of funds and reports about their distribution. The manner of implementation of subsidy schemes, list of beneficiaries and amount of funds sanctioned to them, details of recipients of any permit, authorization or concession issued, name and designation of Public Information Officers (PIO), Assistant PIO and 1st Appellate Authority. “All this information should be available with the PIO.”
The court has asked the respondents to file their responses within three weeks, advocate Wani said, adding that the matter will be listed after three weeks for next hearing.