To Maintain Secrecy, JKTDC Discourage RTIs with Inflated Fees Demand

To  Discourage RTI  Applicants, JKTDC demands Inflated fees

Jammu, 24/July/2018: Shying away from the transparency and accountability, the Jammu and Kashmir Tourism Development Corporation, JKTDC have invented a unique method to keep itself stone walled even from the Right to information Act.

RTI activist Raman Sharma have alleged that JKTDC, the state owned corporation responsible to run, manage and administer government hotels and catering establishments for promotion of Tourism and transport facilities to the tourists have made mockery of the Right to Information Act as they demand unreasonable and untimely fees which is not permissible under the RTI Law.

Citing example of his own application filed under J & K RTI Act 2009, Sharma informed that on 28/May/2018 he submitted an RTI application (via post) seeking information with regard to certified copies of bills of some purchases made by the JKTDC office Jammu and the same application was delivered to the JKTDC office Jammu on next day i.e 29/05/2018.

 He alleged that for over a month keeping a mum over  the said RTI application, under a conspiracy  to hide information from him, the Public Information Officer of the JKTDC on 04/07/2018 raised a demand of Rs 2700, rupees twenty seven hundred as Photostat charges. Which as per law is illegal and arbitrary because under the RTI law, the PIO should have provided information to the applicant within maximum limit of 30 days but under the present case the PIO  deliberately not only exceeded the stipulated period of time but unreasonably demanded exorbitant  fees of Rs 2700.

It is pertinent to mention here that as per section 7(6) of the J & K RTI Act 2009, information should be provided free of any charge where a Public Authority fails to comply the time limit of providing information or intimation of any additional fees. Instead of providing information to the applicant within time limit, the PIO not only brutally violated the RTI act but also to put a pressure on the applicant and to further discourage him from seeking information under the act asked for absolutely unreasonable fees.

Further exposing the modus operandi of the JKTDC office Jammu that how do they discourage RTI applicants to hide their malpractices from public scrutiny. The RTI activists Raman also presented another letter from the same PIO where she has raised same amount of money of Rs 2700 from another RTI applicant namely Munish Sharma for providing some other  information. Sharma alleged that the JKTDC Jammu has been exposed that they shy away from transparency and all is not well in their office and repetitive figure of Rs 2700 reveals the truth.

He also informed that he has filed 1^st appeal with the MD, JKTDC for review of arbitrary demand of the PIO of JKTDC office Jammu  and have also requested him for upgrading their website in compliance with section 4 of J & K RTI Act 2009.

Only PIOs not Responsible for Providing Information Under RTI Act

Raman Sharma

Since the inception of RTI Act in Jammu and Kashmir State i.e. from 20^th March 2009 to till date, almost a decade now, the perception and fear in the minds of the designated Public Information Officers loom in that only they are responsible for providing information to an RTI applicant and in case any delay happens in providing information to the applicant  than they may attract the penalty as enshrined under section 17 of Jammu and Kashmir Right to Information Act 2009, that calls for a penalty range from  Rs. 250 to 25000 besides disciplinary action under civil services rules as applicable to the PIO. But this is not the exact case and the designated Public Information officers must visit section 5 of the Jammu and Kashmir Right to Information Act 2009  thoroughly, of which a part is reproduced here, section 5(3) “ Every Public information officer shall deal with requests from person seeking information and render reasonable assistance to the person seeking such information”  however section 5(4) and 5(5) clearly provides a sigh of relief to the designated Public Information officers as they read as “ The PIO may seek assistance of any other officer as he/she considers it necessary for the proper discharge of his/her duties”  and “Any officer whose assistance is sought is under sub section 4 shall render all assistance to the PIO seeking  the assistance for purpose of contravention of the provisions of the act. Such other officers shall be treated as Public Information officers”.

It is pertinent to mention here that in Jammu and Kashmir state, the Public Information Officers (minimum  equivalent to rank of Under Secretaries ) are designated by the Public Authorities under section 5(1) of the act and they are suppose to provide information to an RTI applicant within stipulated period of time 30 days in general cases and 48 hours in exception cases related to life and liberty clause. But unfortunately, often there are complaints from the PIOs that they find it quite difficult to provide voluminous and old information to the applicants within stipulated period of time and in case they fail to follow the time line then the applicant move the next higher authorities to file 1^st appeal , 2^nd appeal or complaints before the state information commission and a sword of penal provision always hung around their necks as under section 17-s , it is for the PIO to prove his innocence and he had acted reasonably and diligently.

The designated PIOs also complaint of non-cooperation from their colleagues as they feel that providing information under RTI act is the sole responsibility of the PIO and the poor PIOs lacking knowledge of law seldom exercise the option available to them under section 5(4) that is to seek assistance of any officer( senior or junior) and in case the officers whose assistance the designated PIO seeks fails to help then he/she would be liable to the same penalties as they were the designated PIOs.

The fear of RTI law amongst PIO is not only because they do not want to share information or the information is not available with their offices but lack of knowledge of the remedies under RTI act make it difficult for them to dispose of RTI applications under stipulated period of time.

The PIOs if properly go through all the provisions of the Jammu and Kashmir Right to Information Act 2009 surely they would find it much easier to dispose the RTI pleas within reasonable period of time and the innocent citizens would not be compelled to knock the door of higher authorities. Section 5 of RTI act also clearly states that Only PIOs are not responsible for providing information under RTI Act.

IMPA Organizes RTI Training Session

Jammu, 20/July/2018: Jammu and Kashmir institute  of Management, Public Administration and Rural Development(JKIMPA), the premier autonomous   institution for in-service training to the State Government employees;  Under office management training course for junior officers from departments of  Health, Education, Rural Development, Handicraft and Agriculture organized an RTI Interactional training session,  wherein guest faculty Raman Sharma, an RTI practitioner through PPT shared technical aspects of the Right to Information Act and replied various queries of the trainees and about their concern with regard to  this act and they informed that often their offices receive RTI pleas seeking voluminous Information that hampers their routine work.  Citing important section 5(3) and 5(4) of Jammu and Kashmir Right to Information Act 2009, Sharma informed the participants that providing information under RTI Act is not only the duty of the Public Information Officers but  every officer have to assist the PIO under obligation  as and when asked by him/her while dealing with any RTI plea.

During the 5-days training program started from 16^th July,  the Course Coordinator Manju Kapoor, Dr Rewa Sharma, Director Trainings (Jammu) and other guest faculties also  interacted with the participating officials. Meeta Kumari,(KAS) Deputy Director, JKIMPA also remained present during the training session. Other guest faculties who interacted with the participants include Salim khan, Additional SIO NIC, Jammu, JS Jasrotia , Additional secretary social welfare department, Mavi Kapoor, Nodal officer, JUDA district Kathua, Suresh Kumar Goria and Bharti Sambyal. Over two dozens officials undergone training during the 5 days course, they all were also awarded certificates of participation by Course coordinator Manju Kapoor and Dr Rewa Sharma, Director Trainings, Jammu.

Conducive Environment and Office Timing For J & K Government Women Employees

Conducive Environment and Office Timing For J & K Government Women Employees