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.

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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

SIC Disregards RTI Plea under “Life & Liberty Clause”

J & K  Info Commission  Rejects  RTI without   Citing  any  Reason

SIC   Disregards   RTI  Plea under “Life & Liberty Clause”

JAMMU, 04/May/2014: Jammu and Kashmir State Information Commission in utter violation of the Right to Information Act has rejected an RTI application without citing any valid reason for it. Public Information officer of the SIC has failed to provide information to an information seeker within stipulated period of time and yet even after lapse of time did not intimate him anything.

 Earlier, RTI activist Raman Sharma had filed an RTI application under ‘Life and Liberty Clause’  with the commission office at Jammu on 28/April/2014, it is worth to mention here that as per section 7(1) of the J & K RTI Act 2009, the Public Information officer is under legal obligation to provide the information within 48 hours where the information sought   concerns the life or liberty  of a person, though for matters other than ‘life and liberty’ the information may be provided within maximum limit of 30 days.

While sharing details with media, Sharma informed that he had filed RTI application to know the details of action taken by State Information Commission on a representation submitted by another RTI applicant (victim) where the RTI applicant has sought the intervention of the commission for allegedly receiving threat calls from an unknown person to pressurise him to withdraw his RTI application.

Expressing concern over the casual approach of the State Information Commission while dealing with cases of Life and Liberty Raman said the commission should follow due process of law being the apex RTI body in the state  and if the SIC itself fails to follow the rule book then it would not only be unfortunate but setting a wrong precedent for other Public Authorites.

 However, a  complaint   under section 15 of the Jammu and Kashmir RTI Act has also been filed with the registrar of the commission on 03/May/2014 titled “Raman Sharma Vs  PIO, J & K State Information Commission” for not getting the information within stipulated period of forty eight hours.
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Published in JK Newspoint, Kashmir Times, The Northlines, Journey Lines, State Times on 05/05/2014.

http://www.statetimes.in/news/sic-disregards-rti-plea-life-liberty-clause/

http://www.thenorthlines.com/newsdet.aspx?q=79319