‘Don’t compel for fresh plea; apply Central Law provisions’
*PIOs asked to ensure efficacious disposal of queries
Mohinder Verma
JAMMU, Nov 13: Stating that there is no justification in rejecting the RTI applications filed under the transparency law enacted by the erstwhile State of Jammu and Kashmir, the Central Information Commission (CIC) has explicitly told all the Public Information Officers (PIOs) of the Public Authorities of the Union Territory to treat such queries under the provisions of the Central RTI Act.
Moreover, the PIOs have been asked to ensure expeditious and efficacious disposal of the RTI queries in order to uphold the spirit of the Right to Information Act enacted by the Parliament.
The Union Ministry of Home Affairs vide Jammu and Kashmir Reorganization (Adaptation of Laws) Orders has already made it clear that repeal or amendment of any law shall not affect the previous operation of any law so repealed or anything duly done or suffered there-under.
However, there are several Public Authorities in the Union Territory of Jammu and Kashmir which are either out-rightly rejecting the applications filed under the RTI Act of erstwhile State or denying the information sought and this establishes complete ignorance about the Adaptation of Laws orders passed by the Union Ministry of Home Affairs.
Several such cases came to the notice of the Central Information Commission in the form of 2nd appeals or complaints and while handling the same the transparency watchdog has completely rejected the stance taken by the Public Authorities of the Union Territory of Jammu and Kashmir.
Quoting an example, sources said that an application under the RTI Act of the erstwhile State of Jammu and Kashmir was filed on September 13, 2019 seeking information on various aspects relating to release of relief/sustenance under relief category from the PIO in the office of the Relief and Rehabilitation Commissioner (M).
However, the application was verbally rejected on the ground that it was filed under the RTI Act of erstwhile State, which was no more applicable. Having not received any reply from the PIO, the appellant filed first appeal dated October 22, 2019 which was also not adjudicated by the First Appellate Authority (FAA) and vide order dated November 21, 2019, the FAA dismissed the appeal on the same grounds.
This compelled the appellant to knock the doors of the Central Information Commission with the 2nd appeal/complaint on January 27, 2020 and the Commission vide decision taken few days back has found no justification in the stance taken by the Public Information Officer and First Appellate Authority.
“The Commission is of the considered opinion that to uphold the spirit of the RTI Act and ensure expeditious and efficacious disposal of the RTI queries, instead of denial of information by rejection of the RTI applications per se, it would be expedient that the same RTI application filed under the State Act be treated under provisions of the Central RTI Act, 2005 and appropriate reply/information may be furnished”, reads the decision, the copy of which is available with EXCELSIOR.
”Several Public Authorities have followed the same procedure of applying the Central Act to adjudicate the RTI applications particularly because there is no specific legal embargo to that effect”, the Commission said, adding “still there are many Public Authorities which are putting applicants to undue hassles by misinterpreting the provisions”.
In several similar cases the Central Information Commission has directed the Public Information Officers/Public Authorities to furnish specific, accurate and complete information to the queries raised by the appellant as permissible under the RTI Act, 2005 and not expressly barred from disclosure.
Moreover, in order to ensure that appellants are not deprived of information even after explicit orders the Commission in such cases has even sought compliance reports from the respondents with proof of service of the reply to the appellants. Further, it has been made clear that appropriate proceedings as per law will be initiated in case of non-compliance.
“There is a need to educate the Public Information Officers/Public Authorities of the J&K UT about the provisions of Central RTI Act as well as Adaptation of Laws Orders passed by the Union Ministry of Home Affairs so that information seekers are not put to undue harassment and utmost transparency is ensured”, sources stressed.
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