MHA Dodges Query about Status of RTI
Act in Ladakh
Jammu, 15/DEC/2019: Instead of providing simple
information about implementation of Right to Information Act in Union Territory
of Ladakh , Officer in the Union Home Ministry prefers to dodge an RTI query on
the subject.
Beena Yadav, CPIO, Central Public Information Officer and
Director(Ladakh) of Jammu, Kashmir and Ladakh Department under Union Home Ministry while rejecting plea of
RTI Activist Raman Sharma on the subject writes(in her rejection order) “As far as, the undersigned CPIO is concerned,
the information may be treated as nil. It is to inform that under RTI Act,
2005, the CPIO is obligated to provide only such information which is available
and held by the public authority or is under the control of the public
authority. However, the information sought by you might be available with UT of
Ladakh” , the CPIO further advised the applicant to approach UT of Ladakh for
getting the requisite information in her letter dated 06/Dec/2019.
Earlier Sharma in his online RTI application dated
03/Dec/2019 to Union Home Ministry had asked for providing certified copies of
RTI Rules as framed by government of Union Territory Ladakh as mandated under
section 27 read with section 2.a of Right to Information Act 2005 and a copy of list showing names and designation
of all Public Information Officers of Ladakh UT as designated under section 5
of RIGHT TO INFORMATION ACT 2005.
It is pertinent to mention here that under section 95 and 96 of Jammu and Kashmir Reorganization Act 2019, from appointed day i.e. 31/Oct/2019, the Jammu and Kashmir Right to Information Act 2019 has been repealed as falling under table 3 of fifth schedule of the JK Reorganization Act 2019 and RTI Act 2005(central act) has been applicable to the Union territories of Jammu-Kashmir and Ladakh.
It is pertinent to mention here that under section 95 and 96 of Jammu and Kashmir Reorganization Act 2019, from appointed day i.e. 31/Oct/2019, the Jammu and Kashmir Right to Information Act 2019 has been repealed as falling under table 3 of fifth schedule of the JK Reorganization Act 2019 and RTI Act 2005(central act) has been applicable to the Union territories of Jammu-Kashmir and Ladakh.
“ Section 27 and 2 of RTI Act 2005 puts an obligation on every state
and union territory government have to make rules for proper implementation of
Right to Information Act and it was reason for seeking such information from
the union home ministry” said applicant Sharma while reacting over RTI rejection
order of the MHA. He also informed that
under section 6(3) of the RTI Act 2005, it was the responsibility of the
concerned PIO to transfer the RTI application to UT of Ladakh if the officer
was not having such information with her. He also intimated to file a review
appeal again the order of the CPIO before the 1st Appellate
Authority.
previous story of the blog : https://jkrtiact.blogspot.com/2019/12/bsnl-refuses-to-share-information-on.html
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