No Time Limit for Issuance of EPICs, ECI Tells RTI Applicant

 Bring EPIC services under PSGA: RTI Activist

Jammu, 15/Marh/2014: Even after 21 years (from Aug-1993) of launch of issuing of photo identity cards by Election Commission of India even today there is no time limit fixed by the election commission of India for issuance of Election Photo Identity Card to a registered voter. The election commission of India in a response to  an application under Right to Information Act  has confessed that no specific time limit has been fixed by the commission. While responding to an RTI query of RTI activist Raman Sharma regarding time specified for issuance of an EPIC to a registered voter, the CPIO and Under Secretary of the Election commission of India vide his office letter no. 4/RTI/12/2014-ERS/862 dated 27/02/2014 has stated “no specific time limit has been fixed by the commission. However it is informed that efforts are made to provide Election Photo Identity Card at the earliest to a person who is enrolled in the electoral roll and has not received EPIC before”.  On another question of the applicant the CPIO has informed that expenditure incurred on EPICs is borne by the Central government and the state government in 50:50 ratio. On the question of total number of voters in J & K and also total number of voters who have been issued Epics’ in  J &K since 2000, the commission has stated that data has not been compiled for Jammu and Kashmir separately however data for all state can be had from the commission. The CPIO of the ECI has denied information to Raman Sharma on his queries  where the applicant has asked about period of time when all the voters shall be issued EPIC cards in J &K and India, the CPIO has stated that the information sought in not in the form of information as defined in section 2(f) of the right to information act.

On being asked about his intention to seek this information from election commission,  Raman said there are many cases where the registered voters even after submitting all formalities  do not get their EPICs for months  together. He demanded bringing service of providing EPIC under the Jammu and Kashmir Public Service Guarantee Act, 2011 so that the voters can get their EPICs in a stipulated time limit and without any discrepancies which would obviously also enhance the voting percentage in the elections. 

JK Newspoint, 16/Mar/2014


Published in JK Newspoint, greater kashmir, journey line, kashmir times

http://www.jknewspoint.com/newsdet.aspx?q=33096

http://jammu.greaterkashmir.com/news/2014/Mar/16/-no-time-limit-fixed-for-issuance-of-epic--13.asp

Text of RTI Application

Application Under Right To Information  Act 2005

PIO

Election Commission of India,

New Delhi.

Respected Sir,

Kindly provide me the following point wise information under the provision of Right to Information Act, 2005. I am a bonafide citizen of India and an initial fee of Rs.10/-in shape of IPO, No 08F 877098  has also been enclosed.

INFORMATION SOUGHT

1	Total amount of money spent by the election commission for the purpose of providing Election Photo Identity Cards to voters in J &K.  Provide year wise information right from year 2000 to till date.
2	Provide details like Name and particulars of the department/agency that has been assigned the task of providing EPICs to the citizens by the ECI.
3.	Intimate Total number of voters in J & K and also total number of voters who have been issued Epics’ in  J &K,  give year wise detail right from 2000 to till date.
4.	In what period of time all the voters shall be issued EPIC cards in J &K.
5	In what period of time all the voters in India shall be issued EPIC cards.
6	Total amount of money paid by the ECI to a voter card for his/ her photograph.
7	Intimate  total number of EPIC card holders in India as on date, give state wise list
8	Intimate total number of voters in India as on date, state wise
9	Total number of complaints received by the ECI from J & K voters regarding faulty EPICs and also provide detail of action taken by ECI in this regard.
10	Total amount of money spent by the election commission for the purpose of providing Election Photo Identity Cards to voters in all states of India.  Provide year wise and state wise information right from year 2000 to till date.
11	As per rules  in how many days/months an EPIC should be issued to a voters after submitting all formalities’.
12	Total amount of money issued by the ECI to the J & K election department for the purpose of providing EPICs to voters right from year 2000 to till date, give year wise detail.

.

SIC shies away from Transparency, Refuses to Share Its' Letter to Omar

‘ RTI Application Rejected on Flimsy Ground ’

Jammu, 13/Marh/2014:  Shying away from transparency and Ignoring the preamble of the RTI Act which calls for “setting out the regime of the right to information act for the people of the state to secure access  to information  under the control of public authorities , in order to promote transparency and accountability in the working of every public authority and whereas, democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Government and instrumentalities  accountable to the governed” . The Jammu and Kashmir State Information Commission has denied sharing a communication letter written by Chief Information Commissioner GR Sufi to Chief Minister Omar Abdullah and after a pause of 40 days it has rejected an RTI application on flimsy ground.  

The Public Information Officer (Deputy Registrar) at State Information Commission has rejected an application under Jammu and Kashmir Right to information Act 2009 of RTI activist Raman Sharma on the ground that the applicant had not mentioned the name of the ‘Account Officer’ on the Indian Postal Order amounting Rs. 10 which was submitted with the RTI application as stipulated fees.

The applicant Raman had  personally submitted the application with the Public Information Officer on 16/Jan/2014 along with the requite fees which remained unattended with the SIC for over  40 day and then rejection letter, original application and fees is received back by the applicant only on 28/Feb/2014 i.e. after inordinate delay of over 40 days.  

It is worth to mention here that  as per the legal provision of the Jammu and Kashmir Right to Information Act 2009 vide section 7(1) it is obligatory on the part of the PIO to either provide the requisite information as expeditiously as possible but in no case later than 30 days or reject application citing valid exemption clause.

But the Public Information Officer at the State Information Commission, the apex RTI body which is suppose to be a protector of transparency law and trend setter for other Public Authorities to follow and honour the provisions of the transparency law blatantly flouted the provisions of the act and took over 40 days to reject the application. Calling it as an most unfortunate action and blow to transparency law.

 Raman Sharma while giving his reaction over the failure of the PIO to dispose of his application within stipulated period of 30 days  said that even if there was lack on his (applicant’s) part then also as per section    6-1(b) the J & K RTI Act 2009 it is ample clear and already mentioned in the law that the PIO shall render reasonable assistance to the person making the request. He also complained that he received the rejection letter through ordinary post only which also highlights the insensitive approach of the commission towards the law. He also informed that in his RTI application he has only asked for the copies of letters written by Chief Information Commissioner to the Chief Minister and there was no reason to deny this simple information.

Activists Demand Immediate Arrest of Criminal Parliamentarians

Activists Demand Immediate Arrest of Criminal  Parliamentarians

 

Jammu, 13/Feb/2014: Social activists and legal professionals from Jammu and Kashmir have demanded immediate arrest of all members of parliament indulged in  criminal act and creating ruckus in the Lok Sabha on Tuesday during tabling of bill related to  creation of Telangana State (bifurcation of Andhra Pardesh). In a joint statement issued by RTI Activists including  Raman Sharma, Deepak Sharma,  Harasis Singh, advocate Dewaker Sharma and Vilakshan Singh have said  “Today is the saddest day of democracy, these criminal MP’ have not only derogated the serenity and resplendence  of the august house but have also molested the democratic principles established by the constitution”.  

The statement reads as  “We the people of this peaceful nation cannot tolerate such criminals and their shameful act who claim to be addressed as honourables. They  have turned our Parliament into a wrestling arena.”

“ The criminal MPs’ who brought knives, Pepper Sprays and other hazardous material in the house should be expelled from their Lok Sabha membership and stripped of all privileges and facilities .  President Pranab Mukherjee being the custodian of the constitution should sent a tough message to all the hooligan politicians who do not believe in the constitutional processes but take law into their hand not only on streets but also in the Parliament, the activists demanded.                   

http://journeyline.in/newsdet.aspx?q=45604

http://www.thenorthlines.com/newsdet.aspx?q=76357

published in Journeyline, northlines and others on 14/Feb/14

1938 units of blood went drain in GMC and SMGS hospital in 3 years

 Jammu, 12/Feb/2014: In a shocking reply to the RTI filed by RTI activist Deepak Sharma, the Government Medical College and Hospital reveled that a total of 1140 blood units were wasted in GMC Jammu in 3 years and 796 blood units wasted in SMGS hospital during the same period making a total waste of 1938 blood units in two premier Government hospitals of the city.

Sharing details, Deepak said that many times it is seen that people face many hardship for arranging blood for their patients as most of the time they are denied blood from the blood banks of hospitals and are asked to arrange blood for the patients at their own. Whereas citizens and volunteers throng blood donation camps and willingly part with their own blood with the noble intention of saving lives of others. To find the utilization of blood and functioning of blood banks in the hospitals he filed the RTI.

The Government Medical College and Hospital, Jammu in reply to the RTI divulged that 183 units of blood discarded in the year 2011, jumping to the discard of 536 units of blood  in 2012 and 421 units of blood discarded in 2013 in GMC. Whereas in SMGS hospital 235 units of blood discarded in 2011, 247 units discarded in 2012 and which rose to 316 units of discarded blood in 2013. The figures speaks volume of the wastage of the blood, which normally expires in 35 days from the date of its collection.   It is also submitted that blood components which are prepared from a unit of whole blood and includes Red Blood cells, platelets and fresh frozen plasma are not prepared in GMC, as the hospital do not have the permission to prepare the components of blood due to paucity of machines and space. Also around 500 units of blood is given to other private hospitals and nursing homes of the state.  Furthermore the SMGS hospital is waiting from the last 1 year to get its blood bank license renewed which expired in December 2012.

One of the major reasons for the blood wastage has been the absence of maintaining the temperature of blood units during its shifting from the blood bank to the recipient department or on receiving it back at the blood bank owing to its non utilization. 

“There seems to be a lack of proper storage, handling facilities and qualified technicians at the hospital behind such a huge waste of precious blood and many of such units are  destroyed by the blood bank because they had crossed the expiry date which could have been given to those in need of blood. “ said the activist. To save the blood from wastage the activist has appealed the Government to device a mechanism to inter connect all the blood banks of hospitals in the state where availability  of blood units of various groups is updated regularly, so that those in need of blood can contact the respective blood bank and blood is used before its expiry .  The activist also appealed to the government to conduct regular audit of blood banks to minimize the blood wastage.

Declaring JK Bank as Public Authority: Chief Justice transfers JK Bank case on SIC

Excelsior Correspondent

JAMMU, Feb 8: Chief Justice of State High Court, Justice M M Kumar has transferred from Srinagar Wing to Jammu the petition filed by J&K Bank challenging the order of Full Bench of State Information Commission whereby the bank was declared as “Public Authority”.
After hearing the both the sides, Chief Justice observed, “the petition should have been filed in the Jammu Wing of the High Court as the decision challenged in the writ petition has been passed at Jammu and out of nine complainants, seven are permanent residents of Jammu province”.
“As the Bank has its established office at Jammu also, no inconvenience would be caused to the Bank to prosecute its case at Jammu. On the other hand, the applicant and others could not be asked to defend their case at Srinagar for the sole reason that Bank has its head office at Srinagar”, the Chief Justice said and directed for transfer of OWP No. 616/2012 titled as J&KBank Limited Versus J&K State Information Commission and Others pending in the Srinagar Wing to the Jammu Wing of the High Court. Registrar (Judicial) Srinagar Wing was directed to send the file to Jammu Wing for listing the same as per roster in Jammu Wing.

http://www.dailyexcelsior.com/cj-transfers-jk-bank-case-on-sic/

Published in Daily excelsior, JK News Point and other daily newspaper on 9th/Feb/2014.



JKNEWSPOINT........http://www.jknewspoint.com/newsdet.aspx?q=31011 

CJ transferred petition filed by J&K Bank

Newspoint Bureau

Jammu Tawi, February 8 Chief Justice of State High Court MM Kumar has transferred the petition filed by J&K Bank challenging the order of Full Bench of SIC whereby SIC declares J&K Bank as "Public Authority" from Srinagar Wing to Jammu Wing. This directions has been passed in a transfer petition filed by Vilakshan Singh seeking transfer of petition (titled as J&K Bank Limited v. J&K State Information Commission and ors from Srinagar Wing of the High Court to the Jammu Wing of the Court. Chief Justice MM Kumar of State High Court after considering the both the sides observed that petition should have been filed in the Jammu Wing of the High Court as the decision challenged in the writ petition has been passed at Jammu and out of nine complainants, seven are permanent residents of Jammu province. As the Bank has its established office at Jammu also, no inconvenience would be caused to the Bank to prosecute its case at Jammu. On the other hand, the applicant and others could not be asked to defend their case at Srinagar for the sole reason that Bank has its head office at Srinagar and further observed that this petition succeeds. OWP no. 616/2012 titled as J&K Bank Limited v. J&K State Information Commission and others pending in the Srinagar Wing is directed to be transferred to the Jammu Wing of the High Court. Registrar (Judicial) Srinagar Wing is directed to send the file to Jammu Wing for listing the same as per roster in Jammu Wing. JNF

Police defy GAD circular, complaint lodged with CM

POLICE USING WORD  'DARBAR' Early Times

2/4/2014 10:20:35 PM

Sumit Sharma JAMMU, Feb 4: Humiliating the General Administration Department (GAD), the Jammu and Kashmir Police defied its circular with impunity and impetuosity, compelling an RTI activist to lodge a complaint against 'Khakhi' with Chief Minister Omar Abdullah in this regard . The, State General Administration department, (GAD) issued a circular vide no 32-GAD of 2012 dated 15/10/2013 where clear directions were given to the officers and Ministers to stop using objectionable word 'Darbar' which sounds and reminds the era of monarchy and which is against the ethos and principles of democracy which are the essential components of the constitution of the country and even of the State. The GAD officially declared the word 'Public Darbar' as "Public Grievances Camp" and the circular of the GAD have made a lot of impact on all civil departments and ministries, except police department where the senior officers of the police like DGP, ADGP, IGP, DIG's, SSPs and SP ranked officer are blatantly using this word for their meeting with their subordinates and Jawans and even for public meetings. The phrases like 'DGP Darbar', 'SSP Darbar' are regularly used by the state police department in their press notes through State Information and Publicity department. In the complaint lodged to Chief Minister, the RTI activist Raman has urged upon him to give directions to the State Police Department to honor the feelings of the people, honor the GAD circular no 32 of 2012 and stop using this objectionable word. Pertinently, the State Government replaced the word "Darbar" in all official communications of the Government. Jammu and Kashmir General Administration formally issued an order in this regard vide circular no. 32/GAD dated 15/Oct/2012 where it has impressed upon all the Government Functionaries, Divisional and District Administration to ensure that the words "Public Grievances Camp" are used in all relevant communications. This development came in the wake of an appeal cum objection filed by Jammu based RTI activist Raman Sharma, where he had urged the Chief Minister to issue a direction to the Government departments not to use word "Public Darbar" for official meetings of the Ministers and the officer, according to the complainant it was against the values and principles of democratic establishment of equality. In his appeal through Chief Minister Grievance Cell vide no. 32045 dated 19/May/2012, Raman demanded a direction for everyone right from Ministers to junior level officers to avoid words like "Darbar" in official press notes and communications Published in Early Times on 05/02/2014 : http://www.earlytimes.in/newsdet.aspx?q=121983

SVO Prefers Silence on probe Against JKPCC

Despite CM Secretariat’s  Direction and 3 Reminders

SVO Prefers Silence on probe Against JKPCC

Jammu, 01/Feb/2014: The Jammu and Kashmir State Vigilance Organization is keeping a mum over the probe ordered by none other than the Chief Minister’s Secretariat  against the JKPCC, Jammu and Kashmir Projects Construction Corporation Limited, a government owned company. The Chief Minister’s grievance cell (jkgrievance.nic.in) on 18/12/2013 had forwarded a complaint against the JKPCC to the State Vigilance Organization and then after also sent at least 3 reminders      ( reminders dated 30/12/2013, 06/01/2014 and 20/01/2014) to the State Vigilance department requesting early disposal of the complaint but all fell on deaf ear and the organization did not even bother to acknowledge the receipt of the complaint.

Earlier on 13/Dec/2013  complainant Raman Sharma had submitted  a written complaint to the Chief Minister through grievance cell wherein  his plea  he had submitted that the JKPCC  has flouted the directions of the Chief Minister and had purchased three luxurious vehicles and despite having 25 vehicles of its own also hired 6 private vehicles without inviting any tenders and have made a payment of Rs. 4,88,000.

In the complaint (vide no 45049) it is being submitted  the Chief Minister  while being officiating as Chairman of JKPCC in 2010, in 85th meeting of Board of Directors had directed the corporation to emphasize the need of capacity building to make it more profit earning and job providing organization and  lay stress on making transparency benchmark of functioning in the Corporation and vetting of the proposals involving financial implications and administrative matters by the Finance and Budget Committees of the Corporation for the final consideration of the Board.

In the meeting the chief minister had also directed for putting moratorium on purchase of high cost vehicles for next five years (till 2015 ). It was also directed to the corporation that the vehicles required for field workers should be given preference over the high cost luxury ones and the proposal for purchase of vehicles should be got approved not only by the Chairman (Minister in charge) of JKPCC but also by the Chief Minister. But flouting all the directive of the Chief Minister, the corporation has recently purchased three SUVs Renault Dusters and it has also drained an amount of Rs. 75,42804 as fuel charges. The complainant had further alleged.

published in state times, early times, jk news point and others

http://www.jknewspoint.com/newsdet.aspx?q=30586

http://www.statetimes.in/news/despite-cm-secretariats-directions-svo-silent-probe-jkpcc/

http://www.earlytimes.in/newsdet.aspx?q=121788

Asked Information pertains to excavation and digging done by the ASI on a 19th century fort in Village Daundia Kheda, Unnao in Uttar Pradesh which was started in October-2013.]

Detail of RTI  Information related  to excavation and digging done by the ASI on a 19th century fort in Village Daundia Kheda, Unnao in Uttar Pradesh which was started in October-2013.

Finally after a wait of around 3 months i got it.....

RTI : Govt Denies Info about Restoration of Bahu Fort Wall

RTI  Plea  gathers Dust in Culture Ministry

Govt Denies Info about Restoration of Bahu Fort Wall

Jammu, 20/Jan/2014: The state government’s ministry of culture is shying away from providing information under RTI Act  with regard to repair and restoration of a portion of wall of historic Bahu Fort of  Jammu that was collapsed due to  incessant rain on intervening night between 16 and 17 August last year.

An RTI application was filed with the  General Administration Department (GAD) on 16/Nov/2013 along with the requisite fees which was further transferred by GAD to the ministry of Culture (J & K Govt) within 5 days with a direction to provide the asked information but despite over a long delay of over 2 months the culture ministry has not served any reply to the applicant Raman Sharma. Though as per the provisions of the Jammu and Kashmir Right to Information Act 2009, the information must be provided to the information seeker as expeditiously as soon as possible but not later than 30 days and in case when no response is made it is deemed as a refusal . While giving further detail about his RTI application, Raman informed that in his application he has sought information like  “Whether any intimation or message was conveyed to J & K government about the condition   of the said fort before the collapse of the said wall. If yes please provide copy of the same    and the details of steps being taken by the J & K government on that” and name of the agency department that is monitoring the restoration work, name and particulars of any consultant agency whose proficiency is sought by the government  and also about the amount sanctioned for restoration and copy of the tender documents etc. The information seekers said that the asked information was totally general in nature but deliberately the state government is denying it because they don’t believe in transparency and must be hiding facts  from the people of Jammu to conceal its failure and criminal negligence, he also alleged that firstly the state government  allowed this historic fort to collapse and now taking so much time even to start the restoration work . It is pertinent to mention here that after the collapse of a portion this historic Bahu fort , the state government was under severe criticism from social and political organizations and then to pacify the people the state government and its minister promised to complete the restoration work at an earliest .     

-------------------------------------------------------

Text Matter of RTI to JK Government

APPLICATION UNDER JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009.

 To

 The Public Information Officer,

General Administration Department, Govt of J & K.

Civil Secretariat,  Jammu. 180001.

Respected Sir,

Provide me following details & Information under the provisions of Jammu &Kashmir Right to Information Act, 2009. I am   a permanent resident the   State . An RTI fee of Rs. 10/-  is also annexed with this application as I.P.O vide no 08F 874922

INFORMATION SOUGHT

[ pertains to collapsed wall of historic Bahu Fort  at district Jammu ]

1.           Kindly provide the detail like name and particulars of the agency/department/ministry that is          monitoring the supervision of restoration work of the said collapsed wall of the historic          Bahu Fort. 2.            Kindly provide me the copy of the estimate report if any prepared till date for the restoration             of the above said collapsed wall. 3.            Total amount of money released so far for construction of the above said collapsed wall. 4.            Total amount of money released so far for construction of the above said collapsed wall. 5.            Also provide a copy of the work tender if any floated for restoration of the said wall. 6.            As on date as per official record the restoration work is being started yet or not. 7.            On what date the restoration work shall be started. 8.            Also intimate the detail i.e the kind of construction material that would be used for the             restoration of the above said wall. 9.            Name the consultant or any consultant agency whose consultation has been sough to start             the restoration work of the collapsed wall. 10.         Whether any intimation or message was conveyed to J & K government about the condition             of the said fort before the collapse of the said wall. If yes please provide copy of the same             and the details of steps being taken by the J & K government on that.

                                                            

Dated: 16/Nov/2013                                                                         Applicant

                                                                                                                                         

                                                                                              RAMAN SHARMA.

Address:    XXXXX     , JAMMU 180001,   Mob: 9796811012,  

e.mail: JKRTIACT@GMAIL.COM.

Kind Attention: The Learned officer i.e Public Information officer is requested to timely dispose of this RTI request as per the provisions of the Right to information Act which clearly calls for promotion of transparency. To the best knowledge of the applicant, the points of information sought in this application are not covered under any exemption clause more specifically in section 8 of     J & K RTI Act 2009. So it is hoped that all the information shall be provided within stipulated period of time. 

----------------------------

Historic Bahu Fort turned into  Debris; Courtesy criminal negligence of JK Government

Before Collapse : Historic Bahu Fort of Jammu, Witness of Jammu's History


---------------

published in : Kashmir Times , Early Times, JK Newspoint, Rising Kashmir, State Times and many other dailies of Jammu on 21/Jan/2014

http://www.statetimes.in/news/govt-denies-info-restoration-bahu-fort-wall/

http://www.risingkashmir.com/govt-denies-info-about-restoration-of-bahu-fort-wall/

Jmu City, Only 79 Three Wheelers Penalised In three months

Non Functional Fare Meters

Only 79 Three Wheelers Penalised In three months

Fare fixed by Transport department is RS. 16 for first kilometre and Rs. 12 for subsequent  kilometres

 Jammu, 11/Jan/2013: While submitting his reply after a written complaint by RTI activist Raman Sharma alleging that due to criminal negligence of RTO office, Jammu and with the help of some corrupt elements in JK traffic police the process of installation of meters in the auto rickshaws and three wheelers is yet not completed; the  Regional Transport Officer, RTO Jammu has apprised the Chief Minister’s Secretariat that 79 Auto Rivckshaws/three wheelers have been challaned  in the last three month for non operation of fare meters and also for not charging as per fare meters. Earlier in his complaint dated 09/11/2013 to the Chief Minister’s Grievance Cell (44243) Raman has submitted that  the innocent citizens hiring the services of these autos and rickshaws are forced to pay excessive amount to these auto rickshaw and three wheeler drivers without any check. He has further alleged that neither any offices of the RTO office Jammu nor any Traffic police person or even the executive police which are also authorised to take a view of traffic regulations take any note of this mafia raj of the auto rickshaw and three wheeler driver and they are looting the innocent people.  RTO Jammu in counter reply  addressed to the CM Secretariat has stated that  the transport department is making constant checking of Auto Rickshaws and three wheelers plying in the city. In the past three months 79 Auto Rickshaws three wheelers have been challaned for various traffic offences under Motor Vehicles Act including non-operation of the fare meters. In its report the RTO has also confessed that Auto rickshaws are installed fare meters but all auto rickshaws three wheelers are not charging fare as per fare meters. Though  RTO Office has also submitted that during checking they ensure that fare charged as per the rates fixed by the department viz. RS.16 for first kilometre and Rs. 12 for subsequent  kilometres is prominently displayed inside Auto rickshaws for the convenience of the passengers. The report further states. While criticizing the Transport Authorities for penalising only 79 three wheelers for non-installation of fare meters in three month, Raman Sharma the complainant said that even less than one auto per day is fined for looting the commuters, this is nothing short of an eyewash to hide the incompetence of the responsible officers.

Published in JK Newspoint, Greater Kashmir on 12/Jan/2013

http://www.jknewspoint.com/newsdet.aspx?q=29488
http://jammu.greaterkashmir.com/news/2014/Jan/12/non-functional-meters-of-autorickshaws-17.asp

Raman Sharma Interview in Dainik Jagran 02/Oct/2013

Raman Sharma Interview in Dainik Jagran-02/Oct/2013, Special Edition, Josh