Restrict Sale of Maggi in School, Hospital Canteens till Declared 'Safe to Eat' : RTI Activist

Till  Declared  ‘ Safe  to  Eat ’ ;  Ban  Maggi  in School, Hospital Canteens:  RTI Activist

Jammu, 31/May/2015: Demanding a ban on sale of ‘ Maggi’ in School and Hospital Canteens  today a request has been made to Chief Minister Mufti Mohammad Sayeed by Raman Sharma an RTI Activist.

In his petition  ( ref. no 54842 )  to the Chief Minister  through Grievance Cell, Sharma has submitted     “I am worried  about the  news report appearing in national media about the presence of MSG, Monosodium Glumate and Lead in ‘ Maggi ’ a sort of noodles that  are quite famous in the country and obviously in Jammu and Kashmir also”.

In addition the activist also highlighted casual approach of the State Food Authorities in dealing with this issue, he has stated that this product (Maggi) is available in all hotel, restaurants, Education Institutions’ Canteens in Jammu, Kashmir and even parts of Ladakh but till date we have not heard that the authorities belonging to J & K Drug & Food Control Organization taking samples from anywhere to confirm whether this product is safe to eat for citizens especially the minor children.

In the petition it has been further demanded that  J & K Drug & Food Control Organization be directed to immediately pick samples randomly and get them tested from reputed laboratories to confirm the presence of  MSG, Monosodium Glumate and Lead in this product and till final result and expert report of the samples, the product be banned in Hotel, Restaurants, School, College and Hospital Canteens.

It is pertinent to mention here that situation is more serious  here because millions of tourists and pilgrims visiting all the three regions of the state and they also prefer this instant noodle for being economical and easily available. The activists  has also urged that if the official results confirm this product fit to be consumed by human being then the ban be revoked immediately so that people associated with its sales and marketing do not get affected. 

Published in Greater Kashmir, Kashmir Times, JK Newspoint, Early Times, State Times, Journey Line and other newspapers and newsportals. 

http://www.greaterkashmir.com/news/jammu/story/187909.html

Rajouri Health Department : 91 Posts Advertised, 93 Candidates Selected

This can happen only in JK: 91 posts advertised, 93 candidates selected

Akshay Azad  Early Times Report  Jammu, May 14: The District Health Society (DHS) Rajouri has created a record of sorts to address the shortage of manpower in various health institutions. Recently, the DHS advertised 91 posts of Female Multi Purpose Health Worker (FMPHW) but 93 candidates were selected, creating doubt over the entire selection process. According to the documents in possession of Early Times, on March 10 the DHS had invited applications for filling posts in different health institutions under the National Health Mission (NHM).  The advertised posts included nine of Arsh Councilor and 91 of FMPHW (70 posts for new sub-centers and 21 for old health institutions). On May 12, the DHS released the provisional selection list of candidates engaged under NHM Rajouri. According to the list issued by Chief Medical Officer (CMO) office Rajouri, a total of 93 FMPHWs were engaged against the 91 posts advertised. The FMPHWs engaged included 16 in block Kalakote, 15 in Darhal, 22 in Manjakote, 7 in Sunderbani, 14 in Nowshera, 6 in Kandi. Moreover, 13 more candidates of adjoining block were also selected for filling the vacant posts in block Kandi on contractual basis under NHM Rajouri "due to non-availability of eligible candidates within the block". Questioning the selection process, a resident of Rajouri said, "It seemed some blue-eyed candidates have been adjusted in lieu of some pecuniary benefits." However, Deputy Chief Medical Officer Rajouri, Dr. Anees Altaf argued that in the notification issued on March 10, the item number 14 read as, "The number of posts can be increased or decreased at any time of placement process" Early Times, 15/May/2015: http://earlytimes.in/newsdet.aspx?q=149490

6 Years of RTI in J & K: A Lot has been Done, Yet More is Required !

6  Years of  J & K  RTI  Act

A Lot has been  Done, Yet  More is  Required!

RAMAN SHARMA

20^th March 2009 is an important date in the democratic history of Jammu and Kashmir State, on this auspicious day, the honourable governor Narinder Nath Vohra gave his assent to the bill passed by the state   legislature and the Jammu and Kashmir Right to Information Act 2009 came into operation on the same day at once. with  some provisions of the act, were suppose to be passed within 120 days of the enactment of the legislature.

In these last 6 years, a lot has been done by the state government, Jammu and Kashmir State Information Commission, the General Administration Department, the Jammu and Kashmir Institute of Management and Public Administration and Rural Development (JKIMPA), Commonwealth Human Rights Initiative, (CHRI) the Jammu University, Indian Institute of Public Administration(JK Chapter) and of course by the print and electronic media. Without the support of these important institutions, the success of the RTI have remained merely a dream and we the citizens have not been able to see the significant changes.

The Jammu and Kashmir State Information Commission in these last 4 years since appointment of its all the  members have given landmark judgements and brought a confidence amongst the citizens to use Right to Information Act to make the government and public authorities accountable. The commission head by Chief Information Commissioner along with two other commissioners till date have decided over 2500 cases including complaint and second appeals and directed the Public Information officers to provide information to the citizens. The commissioners in a  number of cases imposed penalties on the erring officers and in some other cases issued explanation notices against the responding officers. Though in the RTI Act there is also a provision of compensation to the information seeker but in this regard the record of the commission is very poor and only in just one case so far available on the commission’s website the compensation of rupees 2000 is awarded to a lady. The commission while deciding appeals and complaints also gave some controversial decisions which were also challenged by the information seekers and the officers and the Courts have stayed the operation of the commission’s order. But overall the Commission has been able to sustain its credibility at least with comparison to other watchdog commissions operating in the state.

The General Administration Department, GAD which is nodal department for ensuing training of Public Information officers, 1^st appellate authorities and even for citizens and other related issues connected with the RTI Act have also performed well in these last 6 years. Over thousands of Public Information Officers from different department on the behest and supervision of GAD undergone RTI training. Though lot more is expected from the GAD, almost negligible number of awareness programs being   carried by GAD for citizens. The department have also not taken seriously the genuine demand of the Public Information officers where they are asking for supportive staff and budgetary provision for providing information to the information seekers.

The Institute of Management, Public Administration and Rural Development, JKIMPA in these last 6 years and especially after 2011 have conducted 100’s of training programs for all Public Information Officers, senior officers and even for the junior staffers in the institute campus both in Jammu and Srinagar. The faculty members of the JKIMPA in collaboration with the JKSIC also organized RTI training programs for all the district level PIO’s at their own district and covered almost all the 22 districts of the state.  Furthermore to strengthen the reach of the RTI act, the institute have now included the important provisions of the  RTI Act and rules as part of its regular curriculum for training to different level of officers including the trainee KAS officers. In these 6 years the IMPA have also conducted a very few programs for the general mass awareness.

In these six years or even perhaps more than that the Commonwealth Human Rights Initiative(CHRI) an organization of International repute working for the promotion of RTI Act across the globe have contributed a lot for making this law more familiar amongst the citizens, through its local partners both from Kashmir and Jammu, the CHRI provided logistic and financial support for conducting training programs in School, Colleges, District offices and at Panchayat Levels for creating awareness about the law besides distributing pamphlets, other pictorial literature,  in year 2012 the organization even came with a User Guide carrying success stories, copy of the act, rules, important judgements of the Commission and other Court in a very simple and meaningful pattern. As compared to year 2010, 11 and 2012 this organization have also curtailed its programs in Jammu and Kashmir during the last 2 years.

Different departments of Jammu University have also conducted a number of seminars and debates on Right to information act with a participation of good number of students, unfortunately neither the Jammu or University of Kashmir took any initiative to include RTI Act as a part of syllabus. The Jammu and Kashmir Government in one of its reply in the state legislative assembly have assured to include the act as a part of syllabus even by the Jammu and Kashmir Board of School Education which also remained a mere promise.

The IIPA, the Indian Institute of Public Administration (J & K Chapter ) also conducted a number of seminars on this transparency law including the participation of Information Commissioners, Senior Officers and the people from the legal fraternity. The IIPA have also failed to ensure the participation of general masses, students which are the real stakeholder for promotion of this law. The IIPA confined its activities in its branch office and did not make any attempt to reach the rural population.

Without the whole heartedly support of media, this journey of RTI Act would not been have achieved anything and this law might have remained as merely boring and dull piece of legislation. The journalists associated with print and electronic media deserve many appreciations for their encouragement of Information Seekers where they have given ample space to the news stories related to the information gathered under Right to information Act. Even the present write up would not have come up, if the editors have not been supportive to the cause of Right to Information Act. But like other institutions, the media have done a  good service to this law but yet many editors are hesitant to give due credit to the information seekers and are reluctant to publish news stories coming through the revelation made under RTI replies, many a times, the name of the information seeker is deliberately erased, though it is discretionary right of the editor to decide what to carry or not in his newspaper but they must also recognise the fact that in this trouble hit state, even today getting information under this act is not so easy and it requires lot of guts, time and patience.   

Last but not the least, the citizens deserve all the credit for making this law so familiar amongst themselves, today the people are using this law for variety of different reasons, right from getting copy of mark sheet from university/Board to Certified copies of Fard Intikhaab documents from the revenue department. Today the residents of Jammu and Kashmir are resorting Right to Information applications to seek information from State Legislature to Panchayats, office of Block Development Officer to the office of Chief Secretary, undoubtedly there are resistance from some officers who see transparency as their foe but the movement of citizens have compelled these officers to respond. 

As a personal experience, I must also congratulate the State Police department for honouring the transparency law who have responded to almost all my RTI queries without any pressure or delay and in the RTI replies they honestly admitted the shortcomings in their department which is a separate issue. 

In short, in this small period of 6 years the citizens have now started believing in themselves, the power conferred to them by this act of State legislature, this is one of the finest law people ever got in the democratic history of the country. No attempt should be made to weaken it on the pretext of misusing and blackmailing, the only requirement is to make people aware about this law and to ensure proper training and infrastructure for the PIOs.  

Why Not Dress Code for Politicians ?

Raman Sharma

Without any personal prejudice to the ongoing debate and issue of alleged harassment caused by the Health Minister to a Lady Doctor in Jammu, the allegations by the doctor and counter reply by the minister, the debate and moot question here is about the apron, the minister alleges the lady doctor wasn’t wearing the apron, whereas the doctor says she was in social gathering so did not felt the need to wear it and the minister was rude. There are different statements from different people about the issue, some supporting the doctor others standing with the ministers justifying his action. Therefore  without having any proof that who is economical with the truth, let us not take sides.

 But this episode really calls for a debate about dress codes for different professionals, people associated with medical field are suppose to put on white dress, those in legal professions’ black, people associated with defence and security forces also have a guideline for their dress codes.

 Every profession here is suppose to follow proper dress code while on duty, even where there is no such guidelines for any dress code then also people working there adopt self adopted pattern of dress and that may not be necessarily a uniform.

In our country every Public Servant is suppose to enter and leave his office on time, for every job in the country be it even of temporary class  iv or labourer, there is minimum fixed educational qualification, fixed minimum and maximum age to join any job but when it comes to the politicians of the country, there is no guideline, rule. They are above the law, there is no fixed time for ministers to enter their offices and they also not accountable to anyone whether they come at 2 in the afternoon or 10 P.M late night.

 They may go to their office as and when they wish and if feel not, they can even call the officers at their home without any liability. Every officers be it senior or junior is suppose to own and display an identity card at least while on duty but most of the ministers and legislatures here feel that  everyone  must recognize and salute them whenever and wherever they go, obviously necessarily not with their performance of work but with the hefty security apparatus and coterie of sycophants around them. When we say everyone is equal before the eye of law then why this double standards, why our politicians in these last 66 years did not make any such law to make them accountable and disciplined, why they always tried to burden the ordinary citizens with rules and law and always wanted immunity from law. Surely the officers must reach their offices well on time and should not leave their seats before the office hours and follow proper dress code ( if asked by law) but why our Mantris, MLA’s, MLCs, MPs do not follow any dress code, why they not legally accountable. Though we should not impose any uniform for our Member of Parliament and Legislatures because they come from different parts of the country and state respectively but they should also have a dress code. Wearing a garland of currency notes by a minister  in an official program is not acceptable, Under Banking Regulation Act, 1949, and  RBI Act, 1934, the Reserve Bank of India  have already stringently warned everyone that Banknotes should be respected as they are a symbol of the ‘Sovereign’ and no one should  misuse them.  A Minister may be allowed to choose whether to wear Kurta Pyajma, Dhoti or Jeans whatever he likes but not Currency Notes. I strongly support a well behaved dress code for politicians. ( Raman Sharma, is an RTI activist and can be reached at jkrtiact@gmail.com )

J & K: RTI Reveals No Basic Amenities in Police Stations

 Several Thana, Chowkis Without Toilet, Drinking Water Facilities

Is Modernization of JKP a Myth ?

Jammu, 15/Feb/2015: A recent  RTI application by a local resident have exposed that over dozens of Police Stations and Police Posts across the state of Jammu and Kashmir sans basic amenities like toilet and drinking water.

Shocking, but true that often facing accusation of human rights violations at the hands of civilians, the Jammu and Kashmir Police itself is victim of human rights violation, at least it is true for the lower rank officers deputed in the Police Stations and Police Posts.  

Information provided by the Public Information Officer cum AIG Welfare of the Jammu and Kashmir Police Headquarters in response to an application under right to information act by activist Raman Sharma reveals that 48 Police Posts and 14 Police posts in the state are without any toilet  facility.

Similarly on the question of drinking water facility provided by the department to the officers and Jawans, the RTI reply also discloses that 49 Posts and 23 Police Stations are without any drinking water facility.

On the question of any pending proposals/plan with Police department under which these basic amenities would be provided to the Police Stations, the PHQ reply vide letter no. PHQRTI/-02/2015/146-48 dated 06/02/2015 while evading any direct reply or fixed timeline stated that the facilities like providing of drinking water, toilets etc is the prime priority of the department and the same is projected under annual action plans in phased manner.

In the communication  letter, the information seeker has been apprised that there are 215 Police station which include 11 police stations of Railway, 2 of Women, 2 of CID, 2 of Crime Branch, 1 Tourist and 4 AHTU besides 178 crime police posts and 108 border police posts sanctioned and functioning in the state. On the question of Model Police Stations and the special facilities/infrastructures provided to them, the Public Information Officer informed that the information in this regard shall be provided by the respective PIO’s of the Zonal Police Headquarters Kashmir/Jammu.   

While informing about his motive to seek such kind of Information from the Police Department, the information Seeker told that he simply wanted to highlight the plight of lower rung police staff that under what circumstances they perform their duties. Urging the state home department and the Director General of JKP,  Sharma said denying basic amenities in police units amounts to Human Rights Violation with the cops and it is imperative that to have citizen friendly police we extend these basic facilities to them at an earliest.

RTI Reply

RTI Application is below

    APPLICATION UNDER JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009

To     

                                                                                                              

The Public Information Officer,

Office of the Director General of Police,  

J & K Police Headquarters, Jammu

Respected Sir,  

 Kindly provide me following information under the provisions of J & K RTI Act 2009,  I am a bonafide resident of the state & an initial fees of Rs. 10/- is enclosed herewith as IPO No_ 08F 876768

INFORMATION SOUGHT

1.       Kindly intimate Total number of Police Posts and Police Stations set up by the State Police in   Jammu and Kashmir State. 2.       Kindly intimate total number of Model Police Posts and Model Police Stations in the state. 3.       Kindly provide the copy of any rule/procedure/policy/order/circular following which the respective police          posts or Police stations are designated as Model Police Posts/Stations. 4.       Kindly also intimate the details and particulars of the competent authority who has the authority to         designate any regular police post/station as “ Model Police Post/Station ”. 5.       Also kindly provide detail with regard to special facilities/special equipment/special infrastructure  being    provided to these Model Police Posts/Station. 6.       Kindly also provide the information that total number of police posts in J & K State where there is no           toilet facility being provided by the Police department for  the police officers/Jawans deputed there. 7.       Intimate total number of police stations in J & K State where there is no toilet facility being provided by        the police department for the      the police officers/Jawans deputed there. 8.       Kindly also provide the information that total number of police posts in J & K State where there is no           Drinking Water  facility being      provided by the Police department for  the police officers/Jawans deputed       there. 9.       Kindly also provide the information that total number of police Stations in J & K State where there is no          Drinking Water  facility being      provided by the Police department for  the police officers/Jawans deputed            there. 10.    Also provide the detail of any plan,proposal, if any under which the police posts/stations where there        are no toilet facilities shall be provided/constructed toilets by the department. 11.    Also provide the detail of plan, proposal  if any, under which the police posts/stations where there are             no       drinking water facilities shall be provided Drinking Water facilities be provided by the department .

        Dated: 29/Dec /2014                                                                                 RAMAN SHARMA.

           

                                                                                                                                                 [Applicant]

Address:   RAMAN SHARMA, . 236-K , MAST GARH,  JAMMU. 180001 J & K                                     

                 Mob: 9796811012.  Email: JKRTIACT@GMAIL.COM,  Web Link:  JKRTIACT.BLOGSPOT.IN .

RTI Fees, IPO, Indian Postal Order

CALENDAR-2015 OF SAVE MY TAWI CAMPAIGN LAUNCHED

Commissioner JMC  Unveils   "Save My Tawi " Calendar 

Jammu: 24/Jan/2015: "Save My Tawi" Campaign, a voluntarily organization working for awareness about the dilapidated condition of River Tawi, today launched its Monthly Calendar for year 2015. The Commissioner, Jammu Municipal Corporation Kiran Watal was Chief Guest on the occasion who unveiled the Calendar in presence of Joint Commissioner, Kapil Sharma, volunteers of the organization and other officers of the Corporation. While appreciating the effort of the organization, Commissioner asked the volunteers to continue their mission of save guarding the natural heritages, water bodies and especially the river Tawi without which the identity of Jammu city cannot be even thought of. The Commissioner assured the fullest cooperation of JMC including its men and machinery for this noble cause of Savi My Tawi Campaigners. Brig. (Retd) Uttam Singh Chib, Dewakar Sharma, Advocate, Raman Sharma (RTI Practitioner), Anil Sharma (President All J&K Panchayat Conference), Parveen Sharma, Director S.R College of Competitions,  Vilakshana Singh Advocate, Hunar Gupta Advocate, Deepak Sharma ( RTI Activist), Harasis Singh( Social Activist), Munish Sharma ( Youth Activist,  Vikas Jolly ( Business Entrepreneur), Kamal Krishan Lidhoo ( All India Radio), Prof. Ashaq Raza and others were prominent who remained present on this occasion. In the calendar, the participation of the citizens is solicited in reviving the pristine glory  of River Tawi which is being described as a Living Heritage.

JKSSB Follows No Time Limit For Completion of Recruitment Procedure: RTI Reply

Jammu, 07/Feb/2015: Bizzare it may sound, but yes, the Jammu and Kashmir Services Selection Board, JKSSB has finally admitted that it has no rule, policy procedure with regard to time limit for completion of recruitment procedure for different posts.

While replying to an  application under Right to Information Act of RTI activist Raman Sharma the State Recruitment Panel has stated that “no policy, rule is available in the
Board”.

In response to the query of the information seeker about the maximum time limit fixed under which the recruitment procedure should be culminated by the JKSSB, the board in its letter no. SSB/ ADM/RTI-590/2014/99/14 Dated 22/01/2015 has informed that “The Board making the selections of various categories of posts after conducting the written test an viva-voce, within suitable time period, if the selection is not subjudice”. In this reply the board officers has not mentioned any particular time time period for culmination of recruitment procedure and have selectively used word “suitable time period”. In response to another query of the applicant, where he has asked that “Whether there is any proposal pending with the JKSSB to formulate a policy/rule to fix time limit for completion of recruitmemnt of different posts by JKSSB”, the Information officer of the board has replied in negative.

Giving further details about his RTI application, the information seeker informed that he had filed an RTI application with the JKSSB office at Sringar in the month of August last year to know the status of selection list of  teachers  of   districts Jammu/Udhampur & Kathua  for which the  advertisement were issued by the JKSSB vide  notices no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . for which the  the exams & interviews were  already conducted for the said posts & even the merit list been declared/announced for districts like, Reasi, Kishtwar, Poonch, Baramulla, Ganderbal etc but the merit list/selection lists of district Jammu/udhampur and Kathua  are still awaited. 

In reply (after 5 months) to this query of the applicant, the JKSSB have replied that the selection list of distrcit cadre Jammu/Kathua/Udhampur is under stay as and when the stay is vacated the list will be published in wihtin short period of time. Raman Sharma, the applicant while commenting on the information receieved from the JKSSB has urged the state governemnt to formulate a policy for JKSSB for completing  the recuritment excercises for all posts wihtin a stipulated period of say 3 months to 6 months, in absence of any stipulated period of time, thousands of posts remain vacant and the aspirants remain uncertain about their future. 

http://jkrtiact.blogspot.in/2014/10/j-k-withholding-teachers-list-activist.html 

High Court Stays proceeding of SIC

Jammu,30/Jan/2015: Jammu and Kashmir High Court has stayed the proceedings initiated by the Jammu and Kashmir State Information Commission in a complaint case. In a Writ Petition filed before the Honourable High Court  by RTI activist Raman Sharma against the orders of the Jammu and Kashmir State Information Commission challenging the power of the Commission in issuing summon for appearance of a Complainant before it under section 15 of J & K RTI Act 2009. Earlier the Information Commission bench headed by Chief Information Commission has issued summon notice of appearance against the petitioner citing power under section 15 of Jammu and Kashmir Right to Information Act 2009.   In the petition it has been submitted that the respondent has  misinterpreted the provisions of the section 15 of the J & k RTI Act read with section 30 (b ) and section 32 of civil Procedure Code Samvat 1977. It is also submitted that before taking any action under section 30 and 32 of CPC against the petitioner, the respondents were required to adhere strictly the provisions of Rule 10(2) of J & K RTI Rules 2012 along with Order 11 of CPC. The respondents prior exercising their authority under  30 and 32 of CPC were required to follow rule 10(2) of J & K RTI Rules 2012 along with Order 11 of CPC. That the respondents acted beyond their jurisdiction and ignored rule 10 of J & K RTI Rules 2012 wherein the complainant/appellant have discretion to remain present/ or opt not to present during the hearing  proceeding before the commission.  The respondents/commission is not a judicial body and is not empowered to call/summon/warrant the presence of complainant/ information seeker in the light of Rule 10(2) of the J & K RTI Rules 2012 . The order of the JKSIC has also been challenged on the ground that the respondents nowhere empowered by the Act to issues summons/warrants or impose any penalty in absence of a complainant or information seeker during the proceedings before it. Dewaker Sharma, Advocate represented the petition whereas S.K Anand Advocate waived notice on behalf of the respondents. The petitioner  in the  writ petition  has further  challenged  the order  wherein the SIC assumed unfettered  powers upon themselves  in the garb of sec 15 Jammu and Kashmir Right to Information Act 2009, wherein the powers to Commission is specific, limited and self explained. The High Court while calling for records from Commission  also stayed the proceedings carried over by the commission   in a complaint  filed by RTI activist Raman Sharma .

J & K : Withholding Teachers’ List, Activist Moves SIC Against JKSSB

Withholding  Teachers’  List:  Petition Filed Against      JKSSB

Withholding  Teachers’ List

 Activist Moves SIC  against   JKSSB

Jammu, 13/Oct/2014: Aggrieved over the casual approach and delaying tactics of the        Jammu and Kashmir Service Selection Board, JKSSB in issuing the teachers’ list of        several       districts for which the advertisement notices were issued in year 2012 and        2013  and where the interviews have also been conducted a long ago. A complaint        under section     15 of Jammu and Kashmir Right to Information Act, 2009 have been        filed with the J & K       State Information Commission wherein the complainant, RTI        activist Raman Sharma        have submitted that  by speed post on 22/Aug/2014 he had          sent an RTI         application under ‘Life & Liberty ‘clause (section 7-1  ) of  Jammu and          Kashmir Right to          Information Act 2009 to the Public Information officer of JKSSB    at      Srinagar     office which was duly  delivered by the postal         department in the office of     the    respondent on 26/Aug/2014. 

In his complaint addressed to the Registrar, JKSIC,  the activists has stated that he had urged the Public Information Officer, PIO of the JKSSB to provide the information within 48 hours as per the mandate of Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009  as the subject of the sought information related to a very important issue pertaining to  Life and future of 1000s of  young educated youth of Jammu and Kashmir State who have applied for the various posts of teachers in response to JKSSB’s  advertisements  vide notice no’s 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . In the petition it is also submitted that  except few districts, the JKSSB have announced the successful candidates for other districts and there the successful candidates have even joined their place of posting whereas the candidates of the remaining districts where  the result is yet to be declared are waiting anxiously and there is not word or information from the recruitment agency about their fate, the commission has also been apprised that the subject RTI application was duly received by the respondent on 26/Aug/2014 much earlier before the devastating flood in the state and the respondent was under legal obligation to honour the RTI act and provide reply within 48 hours as the applicant had sought information under life and liberty clause.  

Earlier through  his RTI application to the JKSSB, Sharma had sought information about the policy/rule/procedure adopted by the JKSSB, for different posts the maximum time limit      fixed           under  which the recruitment procedure should be culminated/completed by the JKSSB    where there is     no court order/ Stay.  It is pertinent to mention here that JKSSB had invited applications for the posts of teachers for different districts of the  state vide different  advertisement  notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . Though the exams & interviews were  conducted for the said posts & even the merit list been declared/announced for districts like, Reasi, Kishtwar, Poonch, Baramulla, Ganderbal etc but the merit list/selection lists of district Jammu/Udhampur & Kathua  are still awaited. Despite the fact that the interviews of the candidates belonging to these districts were conducted earlier than the other districts where the lists have been published/announced/declared but still the results of the candidates of these districts and the merit lists are not being announced/published which has put the career/future  of thousands of young educated aspiring candidates male and females in a state of limbo, this is obviously a grave matter related to their life and livelihood that's why the information seeker has contested that the sought information obviously falls under the provisions of the Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009 and that deserved to be released within 48 hours.

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

COPY OF  COMPLAINT:

       Complaint  Under   Section  15  of   J & K   RTI  ACT  2009

To

The Registrar

State Information Commission

J&K, Jammu.

Appellant RAMAN SHARMA, Address: k-236, Mast Garh, Jammu. 180001 Mob: 9796811012, email: jkrtiact@gmail.com

Respondent Public Information Officer, Jammu and Kashmir Service Selection Board, JKSSB, Zam Zam Building, Rambagh, Srinagar,190001.

                                                         

Detail of information sought and Fees: Copy enclosed as annexure A & B.

Reason for the Complaint:          The appellant through speed post on 22/Aug/2014 had sent an RTI application under ‘Life & Liberty ‘clause (section 7-1  ) of  Jammu and Kashmir Right to Information Act 2009 to the Public Information officer of JKSSB at Srinagar office. The said application was delivered by the postal department in the office of the respondent on 26/Aug/2014.

In the RTI application, the appellant had urged the respondent to provide the information within 48 hours as per the mandate of Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009  as the subject of the sought information related to a very important issue pertaining to  Life and future of 1000s of  young educated youth of Jammu and Kashmir State who have applied for the various posts of teachers in response to JKSSB’s  advertisements  vide notice no’s 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 .

Unfortunately, except few districts, the JKSSB have announced the successful candidates for other districts and there the successful candidates have even joined their place of posting whereas the candidates of the districts of the result is yet to be declared are waiting anxiously and there is not word or information from the recruitment agency about their fate.

The above application was duly received by the respondent on 26/Aug/2014 much earlier before the devastating flood in the state and the respondent was under legal obligation to honour the RTI act and provide reply within 48 hours as the applicant had sought information under life and liberty clause.    

Moreover, the respondent have shown scant respect for the law passed by the state assembly and orders of the honourable J & K State Information Commission where from time to time the honourable commissioners have asked the officers to provide the information to citizens within the time frame without resorting to delaying tactics.

Now it is over 45 days, but even today, there is no correspondence or intimation by the respondent to the appellant about the status of his RTI plea forget reply. Even if it is assumed that the subject RTI application was not falling under life and liberty clause even then the respondent should have provided the information to the applicant within 30 days which have also been passed.

PRAYER: Through this submission under section 15 of the JK RTI Act 2009,  I seek your kind intervention in this matter and urge you to take action as per the provisions of the act, order  a probe to trace out the person responsible for restraining the respondent to  supply the information to the appellant within stipulated period of time. The Honourable commission may also award compensation to the appellant as this commission deems appropriate for mental agony caused to the information seeker for depriving him of his right  and also the cost of this complaint.  

Dated:     13/Oct/2014                                                                    Raman Sharma

                                                                                                          Appellant.

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Copy of RTI Application

 APPLICATION UNDER JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009

To                                

                                                                                   

The Public Information Officer,

Jammu & Kashmir State Selection Board, Srinagar.

Respected Sir,  

 Kindly provide me following information under the provisions of section 7(1)  of J & K RTI Act 2009 where it being mentioned that in case of life and liberty the information shall be provided within 48 hours of the receipt of the request.  I am bonafide resident of the state & an initial fees of Rs. 10/- is enclosed herewith as IPO No_. 08F- 876774.

BACKGROUND:  The JKSSB invited applications for the posts of teachers for different districts of the  state vide different  advertisement  notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . Though the exams & interviews have been conducted for the said posts & even the merit list been declared/announced for districts like, Reasi, Kishtwar, Poonch, Baramulla, Ganderbal etc but the merit list/selection lists of district Jammu/Udhampur & Kathua  are still awaited. Despite the fact that the interviews of the candidates belonging to these districts were conducted earlier than the other districts where the lists have been published/announced/declared but still the results of the candidates of these districts and the merit lists are not being announced/published which has put the career/future  of thousands of young educated aspiring candidates male and females in a state of limbo, this is obviously a grave matter related to their life and livelihood. Hence the sought information obviously falls under the provisions of the Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009. The learned PIO of the SSB is thus requested to supply the information within stipulated period of time.

INFORMATION SOUGHT

1.       As per policy/rule/procedure adopted by the JKSSB, for different posts the maximum time limit   fixed        under  which the recruitment procedure should be culminated/completed by the JKSSB   where there is        no court order/ Stay. 2.       Kindly provide me copy of such Policy, rule, procedure adopted by the JKSSB regarding time     schedule        fixed for completion of recruitment procedure. 3.       In how many years/months/days the merit list of candidates belonging to district Jammu, Kathua and        Udhampur would be announced/declared who has appeared for written tests and interviews in    response to the above quoted notifications for the posts of teachers.  4.       As per official record of the JKSSB Whether the merit lists are being prepared for district        Jammu/Kathua/Udampur or are there  any discrepancies.  5.       Kindly intimate whether there is any court order/notice being issued to the to the JKSSRB (with    regard to         different advertisement notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of        2013         dated 16.02.2013, and no:  05 of 2013  dated 02.03.2013). 6.       Kindly provide me copies of all such court orders being issued to JKSSB ( with regard to vide        advertisement notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated        16.02.2013,     and no:  05 of 2013  dated 02.03.2013). 7.       Whether there is any proposal pending with the JKSSRB to forumulate a   policy/rule/norm/procedure to        fix time limit for completion of recruitment procedure of different    posts issued by the JKSSB. 8.       As per the official record of the JKSSB any official reason mentioned for the delay in        announcing/declaring merit list of the candidates belonging to district Jammu/Udhampur and Kathua. 9.       Intimate Name and designation of  the competent  authority/officers/official of JKSSB who takes final        decision to declared merit list of         candidates.

        

Dated: 22/Aug /2014                                                                                       RAMAN SHARMA.               

                                                                                                                                                 

                                                                                                                            [Applicant]

Address:   Raman Sharma, . 236-K , Mast Garh,  Jammu. 180001 J & K                             Mob: 9796811012.  

Email: JKRTIACT@GMAIL.COM,  Web Link:  JKRTIACT.BLOGSPOT.IN .

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Copy of RTI Fees, Postal Reciept