SAMPLE RTI APPLICATION

ONE DAY RTI WORKSHOP AT JAMMU

Jammu, 13/Feb/2016: JK Against Corruption, a Non-Governmental Organization today organized a One Day RTI Awareness workshop here in the organization office at Kacchi Chawani, Jammu to train its members and other members of civil society to know the functioning of RTI {Right To Information} and its benefits in bringing transparency.

The key speaker RTI Activist Raman Sharma elaborated various sections and provisions of the Right to Information Act and asked the participants     to exercise their right to know to unearth corruption related activities in     the system. Raman Sharma also shared many successful stories of this Transparency    in brining accountability in Jammu and Kashmir.

He also replied various queries raised by the participants and assured fullest assistance to them in future also whenever required.

Vikram Singh Bhadwal Chairman of JKAC presented vote of thanks and reiterated the commitment of their organization to take on corrupt and dishonest bureaucrats, he urged the civil society to come forward and strengthen this people friendly act in the State. The JKAC Chairman also highlighted the urgent need of Whistle Blowers Protection act in the state for safety and security of the activists. Copies of the RTI Act, Indian Postal Orders and Sample RTI Applications were also provided to the participants. On spot applications for different departments were also drafted on the occasion.

Prominent amongst those who were present on the occasion include Rajan Gupta, Bipan Singh Bakshi, Amit Magotra, Hardeep Singh, Sanjeev Sharma, Jasmeet Singh, Kuldeep Gupta, Neelam Sambyal & Vikrant Singh.

Honour the Citizens’ Right !

Let the Citizens’ Exercise their Right Without any Prejudice.

RAMAN SHARMA

Recently, the Jammu and Kashmir State Information Commission in a judgement has advised an information seeker to apprise the commission about the usage of all information he has so far received under the Right to Information Act.

Despite having highest regard and respect for the institute of State Information Commission I beg to differ with the judgement, in the light of the section 6(2) of Jammu and Kashmir Right to Information Act 2009, the order of the commission does not concur with it.

RTI Act is the only law (amongst thousands other laws) in the independence history of India and of course in Jammu and Kashmir as well where the citizens have been put first before the officers /government and where they have been allowed to exercise their right without much formalities and legal technicalities. And it is the only law where a citizen is not required to give any reason for seeking any information from any Public Authority.

The RTI Act was enacted to empower the citizens to bring a practical regime of Transparency and Accountability in the system. The right to seek information should never be seen as a instrument by the citizen to interrupt/interfere in the official procedures of the government but the citizens has the right to know because the government is by them, for and of them so why should they give any reason for seeking information and even after seeking information why should they be compelled to tell anybody that for what purpose they have collected the information. In case of Parliamentarians and State Legislatures, they are also not required to give any specific reason for seeking the information nor they are compelled to tell the parliament or state legislature the usage of such information thereof.  Same way a tax payer; and by the way in India every person is tax payer, whether direct tax or indirect tax (in shape of sales tax etc), has the right to know what the government is doing with his money.

If for instance, for my personal knowledge  which I may not use anywhere, I file an RTI application with the Jammu and Kashmir State Information Commission and wants to know the total number of appeals and complaints the commission has disposed of and in how many cases the commission has imposed penalties on the erring officers,  now should I first tell the commission that for what reason I am seeking the said piece of information or after getting the information should I tell the commission that I gathered that information just for my personal knowledge.

The order of the commission (in case of Ayub Ayan Vs SDM, Tehsildaar,  Mahore) where the RTI Commission has asked the appellant to apprise the commission about the use of information gathered by him is against the basic principle of right to Freedom of Speech and expression. Every citizen has the right to know and this right to know cannot be confined only for few hundred parliamentarians or for government officers alone, the information with the government must be shared suo-moto but when the government itself fails to share the information with the citizens only then they resort to file formal RTI applications along with fees.

The Commission has cited the  preamble of the RTI Act to support its judgement where the appellant/information seeker has been asked to tell the commission about the use of information  gathered under RTI, the commission cannot cite the preamble of the act whereas the question is very well settled with a specific section 6(2) of the Jammu and Kashmir Right to information Act 2009, that states “  An  applicant    making   request   for  information    shall   not  be required  to give any reason  for requesting   the  information   or any other personal  details  except  those  that may  be necessary   for contacting   him”. The Jammu and Kashmir State Information Commission is itself constituted under section 12 of the act and therefore the commission has no power whatsoever to blatantly defy the provisions of the act and it must act within the walls of the stipulated law. The commission before making such order that may put the life of an information seeker under risk must ensure adequate security and guarantee that Commission would take care of security of life of the information seeker, his family and his belongings.

The past record of the Jammu and Kashmir State Information Commission in cases of  complaints of threat to the lives of information seeker has remained unsatisfactory, the commission has failed to ensure a sense of security amongst the information seekers, though it is also true that under the RTI Act the commission has no authority to take care or direct the police authorities to provide security to the whistle blowers but if the commission had shown same passion as it shown in case of Ayub Ayan Vs SDM,Tehsildaar Mahore then for ensuring security of whistle blowers also, the commission would have cited preamble of the RTI Act but it did not referred the preamble . The commission cannot be selective while using the powers under the garb of preamble of the act.

The Commission should also understand that providing information to the citizen is not a charity or donation or aid by the government to the citizens but it is a fundamental right of every citizen to get all the information with the government without any hassle and only that information should be denied which can compromise the national security/integrity or sovereignty of the nation or which is exempted under section 8 and 9 of the Right to Information Act. About Raman Sharma, he is an RTI activist and can be reached [a] jkrtiact@gmail.com. 

Dr Shahid gets State Award

DC Udhampur gets State Award

           UDHAMPUR, JANUARY 25 - District Development Commissioner (District Election Officer), Udhampur, Dr Shahid Iqbal Choudhary has been conferred with the State Award for outstanding contribution in the field of electoral participation and showcasing electoral best practices in the Global Electoral Exhibition and Matdata Mahotsav in New Delhi organised by Election Commission of India

          Dr Shahid received the award as best District Election Officer for his contribution in various fields of electoral enrollment, participation and awareness.  He was DEO Kathua during conduct of Assembly Elections and DEO Reasi during Lok Sabha elections which registered record enrollment and participation. He is also recipient of country's highest civil services award the Prime Minister's Award for Excellence in Public Administration 2014-15 apart from National Award by Election Commission of India.

          The award was presented by State Government on occasion of 6th National Voters' Day. 

Performance of Jammu and Kashmir State Information Commission.

Performance of Jammu and Kashmir State Information Commission.

https://www.youtube.com/watch?v=qPEa2qNvnZM

https://www.youtube.com/watch?v=qPEa2qNvnZM

IS JAMMU UNIVERSITY ABOVE RAJ BHAVAN ?

JU 'undermines' Raj Bhawan?

Sits over explanation sought by Governor

1/5/2016 12:12:00 AM

Missing Books Row  Sumit Sharma Early Times Report Jammu, Jan 4: Showing disregard to Raj Bhawan, authorities of Jammu University did not reply to the explanation letter the former shot to it. The Raj Bhawan on July 15, 2015 in its communiqué number GS 719(G)/April/2015/3711 sought action taken report from the Vice Chancellor Jammu University regarding the loss of books. Raj Bhawan also sought explanation from Vice Chancellor of Jammu University that why no action was taken earlier for recovery of books. Surprisingly, the explanation letter from the constitutional body did not budge the JU authorities even after the lapse of the six months. The revelation in this connection was made by Raj Bhawan after a RTI activist sought the Xerox copy of the reply given by the JU in this context.  The Raj Bhawan shot explanation letter to the Vice Chancellor of Jammu University after RTI activist Raman Sharma made his representation after going through the publication of the news item by the Early Times in its edition 4 July 2015 titled, '6 former VCs, several bureaucrats among JU Library defaulters'. The ET in its report had said that 589 expensive books did not return to the JU library even after elapse of 5-6 years of their borrowing. The ET had also reported that several former Vice Chancellors, Senior officers of the state government, former legislators, senior administrative officers of the Jammu University and even some former staff members of the Governor's office are defaulters of Central Library of Jammu University. The list of defaulters includes several high profile people including -- former Member Legislative Council Janak Raj, former Education Commissioner SS Kapoor, ex-Vice Chancellor of the university Satya Bhushan. Besides, five former Vice Chancellors of JU fall in defaulter list including -- JN Bhan, SC Dubey, JD Sharma Pushkar Nath, ML Lakhanpal, Yog Raj Malhotra. http://www.earlytimes.in/newsdet.aspx?q=167150 To The Honourable Governor, (Chancellor, Jammu University) Jammu and Kashmir State, Srinagar.   Subject: Book Defaulters of Jammu University’s Central Library. Respected Sir, I feel it sad to inform you that recently through an application under Jammu and Kashmir Right to Information a shocking reply is being served by the Jammu University that several former Vice Chancellors, Senior officers of the state government, former legislature, senior administrative officers of the Jammu University and even some former staff members of the Governor’s office are defaulters of books there in Central Library of Jammu University. (RTI Application and Reply of JU is attached herewith) At least 6 former Vice Chancellors of the university and many heads of different departments of the university have not returned expensive books borrowed from the central library of the university. As per prescribed rules of the university, no one is permitted to keep a book with him/her for more than one month but in some cases the books are not returned back to the library after 5-6 years. The university in its reply has admitted that at least 589 books remained unreturned. I request your good self being chancellor of the university to take immediate action against the high profile defaulters and ask the VC to ensure that the books swindled by the defaulters come back to the library shelf. Shall be highly obliged for kind reply.             Thanks in anticipation!                                                                   Dated: 07/July/2015                                               Yours faithfully,                                                                                       Raman Sharma,      Address: Raman Sharma, 236-k, Mast Garh, Jammu. 180001. Mob: 9796811012, 9086232994

Activists Call on Secretary JKSSB

 Demand Appointing Vacation Officers, Strengthening Legal Team of the Board 

Jammu, 30/Dec/2015: Today, a Civil Society delegation comprising RTI Activists  Raman Sharma, Deepak Sharma, Social activists Ravi Razdan, Harasis Singh, Anil Sharma, Sarpanch Panchayat Halqa Jandrah and others called on Secretary of Jammu and Kashmir Services Selection Board. 

The delegation submitted a memorandum to the Secretary and raised their concern over the recent controversy erupted over the mass copying in several examination centers during the paper conducted by the board on 25/Dec/2015. The delegation expressed displeasure for conducting exam on holy Christmas, the sacred festival of Christian community and asked not to repeat any such blunder of conducting exam on such big festival of any community.

Among other demands in the memorandum, the JKSSB has been asked to appoint ‘Vacation Officers’ so that on Sundays and other holiday on exam days, the aggrieved candidates may meet the concerned officer and get redressal of their grievances even on holidays.

In the plea, the board has also been suggested to constitute a special examination conducting committee comprising experienced and retired educationists. 

The board has also been asked to strengthen its legal team and appoint only competent legal professionals to represent the board before the Courts to avoid  inordinate delay so that future of aspiring candidates do not suffer for years. They also urged the Secretary to fix time limit for finalising the entire recruitment process to avoid chaos and confrontations. 

The Secretary was also requested to consider the plea of giving option to the candidates to choose their own examination Center/district so that their study or other job assignments are not hurt.    

 In other demands put forth by the delegation include allowing aspiring candidates to  submit their forms through offline mode understanding the demography of the state as even there are many areas where candidates do not have internet facility. 

They also demanded that admit card to the candidates should be made available on the website at least a week before the exam and the board should also own more websites to avoid website jamming due to congestion on last day. 

The activists also submiited that at  present the exam fees is accepted only through challan printout of JK Banks, the board been asked to consider other options and also to opt for post offices. 

The Secretary gave a patient hearing to the delegation and assured to them to consider them accordingly. Demand of Installing CCTVs at all exam-centre was also made by the delegation.

Published in The Northlines: 
http://thenorthlines.com/readMore.aspx?nid=69490   

members of the visiting delegation left to right: Ravi Razdan, Harasis Singh, Deepak Sharma, Raman Sharma and Anil Sharma

copy of petition submitted to JKSSB:

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

To

The Honourable Chairperson,

Jammu and Kashmir Services Selection Board,

Jammu.

Subject: Petition of Civil Society Members for smooth Conduct of Exams.

Respected Madam,

We the following members of the Civil Society group through this petition wish to make following submissions/suggestions for further improving the functioning of the Board more specifically for the smooth conduct of Exams.

1.    We acknowledge the fact that JKSSB have very responsible task of selection of candidates for all Non-Gazetted posts of the government of Jammu and Kashmir and it is  not easy task altogether and it requires lot of expertise and proficiency, we also understand that despite limited resources and counted manpower the board finalises  several recruitments.

2.    As per the Mission/Vision Statement of the Board : the board selects the most capable and deserving persons manning the civil services and posts, the board exercise utmost impartiality, objectivity and efficiency its task of recruitment in a time bound manner and transparently and making use of technological innovations.

3.    The Goal of the board as stated by the board itself is Being fair and Being seen as Such.

4.    But it is unfortunate that despite such a righteous mission and goal statement of the Board, many a times there are allegations from different sections of the society against the board therefore  we are compelled to bring certain shortcomings to your kind notice, it is not to blame anyone but we hope you would appreciate it and take the corrective measure.

5.    You might be well aware of the often controversies of  written exam conducted  by the board  and latest on 25^th of Dec/2015 and the media reports in this regards thereafter, it would be futile to repeat them again.

6.    The examination was conducted on 25th of Dec , despite knowing the very fact that 25^th Dec is holy festival of Christian Community, the religious feelings of the community were hurt, the people who fixed such a date for the exam should have been careful, the board being a public authority cannot and should never discriminate with any community.

7.    In future, utmost care may be taken so that no such date is fixed on any day of festival.

8.    The board should fix time limit for completion of the recruitment process and submit the list of successful candidate to the concerned department. The participating candidates should be kept informed about the process, in case of any Court Case also, the board should also at least inform the candidates.

9.    The board should also hire the services of only senior and competent lawyers so that he/she may present the case of the board before the honourable courts and articulate the fact so that precious time of the candidates is not wasted in long legal battles.

10.  Though it is welcome step that the board has switched to electronic and digital mode but even today we have many areas of our state where there is no electricity forget the internet connection, therefore we suggest that the candidates may also be given option to submit ‘offline’ forms, hard copy. It would be grave injustice to the candidates living in far off places of the state if the option to submit and obtain form in the physical mode.

11.  The candidates who can avail internet and can manage internet facility may be provided additional facilities , e.g there must be more option for submitting bank fees which at present is only available as bank challan from Jammu and Kashmir Bank, more banks may be included other than the JK Bank. If possible the Board should strive to avail the facility of Post Offices for selling of forms and fees submission. The online fees facilities may also be made available like credit card and debit card, online banking.

12.  As per the available resources, the board can also consider providing additional option to candidates to appear  in examination through online mode. It will save valuable  resources and time of the board and consequently will be a step ahead in digital India mission of the Government of India.

13. As most of the time the board conducts exam on Sundays or holidays therefore it would be of great help to the aspiring candidates the board nominates/designate some competent officers as “Vacation Officers” who may be assigned the task to listen the grievances of the candidates. For example many a time there are complaints from the candidates that they are unable to get their admit card, website not working or any other complaint. These nodal officers/vacation officers may be authorised to allow the candidates an ‘ Interim admit Card’  to allow the candidate to sit in exam even if there is some error in website or a eligible candidate is unable to download his/her admit card. Though the final decision may be taken after verifying the facts of the case.

14. The aspiring candidates may be allowed to choose their own centre/district, so that the candidates do not suffer and need not to move from one district to another for exam, this causes lot of hardship to the candidates who are pursuing their studies.  

15. The download of the admit cards may be made available on the website at least a week before the exam. The board may also allow download of admit card and submission of online form on different websites because only one website caused congestion on the website and candidates suffer due to last minute rush.

16.  The examination may be conducted in such a way that it is not only transparent but the candidates should also feel that the board is transparent in its functioning.

17.  The board may constitute a special examination committee to advise  the board to conduct exam, to hire the services exam-paper setting members, hiring the services of  invigilators, choosing exam centres, hiring the services of other experts.

18. . The exam scheduled to be held on 26^th was postponed and it is not 1^st time that an exam is postponed, we understand that there may be circumstances where there is no other option but to postpone the exam date but utmost care may be taken because delayed actions do not restore confidence among stake holders (candidates ,parents teachers & others), expeditious arrangements and a mechanism may be adopted and the next date of exam must be announce without further delay, the board meeting to finalise next date be held as soon as possible,  as Credibility of such an esteemed organization  depends on quick action, prompt response and transparency .In this era of Tech. when social media is so much active & everything true or false is in quick circulation,  JKSSB has to move with greater speed to win hearts of all stake holders as expectations are very high.

19.  The job of recruitment boards/organization in other states may not be under so much public scrutiny as of ours in Jammu and Kashmir because of higher rate of un-employbility, therefore keeping the aspirations of the educated job-seekers into consideration, the board has to make its outreach more interactive, pro-active, transparent and accountable. Though we appreciate the board has displayed certain important information on its website (as per the provisions of JK RTI Act 2009, section 4, pro active disclosure), that may also be updated from time to time.

20. If possible and the funds available with the board there may be CCTV-installed in every the examination centre to monitor and record the entire examination process. 

21. Basic facilities like clean drinking water, toilet and temperature moderating equipments/ material may be made available in all the examinations centres. (Coal/firewood/heaters in Kashmir and extreme cold regions of Jammu in Winter and proper fans or ACs in summer in exam centers of Jammu region).

22.  Invigilators of high morality and integrity, with specific criteria may be appointed by the board on exam duty.

23. Last but not the least, the board may also make such a mechanism that the aspiring candidates are given    one time registration number so that they need not to submit their details again and again for different posts, however the board may charge the examination fees from them. One time registration number will help the candidates and it would also save precious time of the board.

We hope that the board may subject to the availability of funds, shall consider the above made submissions. Thanks in anticipation !

Date: 29/Dec/2015                                                         

Submitted by following members.

Deepak Sharma              Raman Sharma         Ravi Razdan   

                  

 Harasis Singh,                  Anil Sharma

J & K Government has no Information about any ‘ Sher-e-Kashmir

Shiekh Abduallh, Former Prime Minister of Jammu and Kashmir

Govt. says no information available who is ‘ Sher-e-Kashmir ’

’

Jammu, 04/Dec/2015: In reply to an RTI application, the General Administration Department of the state government has said that it has no record available to say who is ‘Sher-e-Kashmir’ in the State of J&K.

RTI activist Deepak Sharma had filed an RTI with the PIO of Governor’s Secretariat , seekinginformation regarding title  ‘ Sher –e-Kashmir ’  if conferred upon by government  to any person in the State of Jammu and Kashmir .  

The query in the RTI include to provide the name of the person given/conferred with the title of ‘Sher-e-Kashmir’ in the State of J&k .

The PIO, Raj Bhawan , transferred the RTI application to the PIO General Administration Department, who vide his reply no. GAD/RTI(Adm.)/1553/2015 informed the RTI applicant that there is no information available on the records of the General Administration Department to the query asked by the applicant. .

Expressing surprise over the reply of the PIO, Deepak said that on one side there are several institutes and establishments  in the state with name ‘Sher-e-Kashmir’  and on the other side Government has   no record regarding who  ‘Sher-e-Kashmir ‘ is ?  

“More surprising is that even in some Government  establishments, the name of Sheikh Mohammad Abdullah is attached with the title of ‘Sher-e-Kashmir’ “  he added. There are universities, bridges, conference halls, police training institutes and several other public buildings and schemes  having this nomenclature.

It is pertinent to mention here that article 19 of constitution of Indian(also applicable to J & K State)  debars state and  union government to  confer any tile  to persons other than academic and military distinction. 

http://www.hindustantimes.com/india/rti-reveals-j-k-government-has-no-record-of-who-s-sher-e-kashmir/story-Ejb4a1tvIXzU27Bdr6Xc0O.html

http://www.earlytimes.in/m/newsdet.aspx?q=164901 

http://www.risingkashmir.com/news/govt-doesnt-know-who-is-sherekashmir-/

http://www.tribuneindia.com/news/jammu-kashmir/coalition-govt-has-no-information-on-sher-e-kashmir/166734.html

Copy of RTI Reply Served by JKGAD

Copy of RTI Application submitted by Deepak




on 05/Dec/2015: published in Rising Kashmir, Kashmir Life, State Times, EarlyTimes, Kashmir Reader, the Tribune and many other leading newspapers of Jammu and Srinagar.