Dr Raja Muzaffar Bhat
Indian Postal Order (IPO) which is one of the modes of paying RTI application fees has never been easily accessible to people in J&K who intended to seek information under Right to Information Act (RTI). Until September 2012 IPO was not the only option for paying RTI application fees. When J&K RTI Rules 2010 were repealed with 2012 rules the provision of paying RTI application fees in shape of Non Judicial Stamp Papers was also scraped. In-fact under new RTI Rules of 2012 (applicable as on date) people got a great relief after RTI application fees was slashed from Rs 50 to Rs 10 and xerox fees from Rs 10 per copy to Rs 2 per copy, but deleting the provision of paying RTI application fees in shape of non judicial stamp papers was a great setback to people. Non Judicial Stamp papers were easily accessible to people in Tehsil offices ,SDM offices , DC offices , Munsif Courts etc. I have observed that postal orders are only available in General Post Offices (GPOs) or head post offices at district headquarters. There are very few post offices in small towns and villages who sell these postal orders.
Black-marketing of IPOs
Recently a Jammu based newspaper carried a news report wherein it was alleged that officials of postal department in Doda have been black-marketing Indian Postal Orders (IPOs) of Rs 10 denomination which are used by RTI applicants. It is alleged that Indian Postal Orders (IPOs) of Rs 10 denomination are being sold for Rs 40 each inside Tehsil office Doda by the stamp paper vendors and petition writers etc. People who want the postal orders have been contacting stamp paper vendors and petition writers instead of going to head post office Doda. When I spoke to a local social activist Mehraj Khalid Banday who has been using RTI rigorously in past told me that he went to local Post Office on several occasions to get few postal orders of Rs 10 denomination but it was not at all available. ” The officials in post office Doda told me that postal orders are supplied in very less quantity . It is a lie as same are sold in black outside Tehsil office ” Mehraj said . In-fact I too have brought this matter into the notice of State Chief Information Commissioner (CIC) Khurshid Ahmad Ganai who said he will take up the issue with DC Doda.
It is important to mention here that under the provisions of J&K RTI Rules 2012 RTI application fees can be deposited in shape of cash , postal order & Demand Draft. Most of the RTI applicants send their application through speed post and thus RTI application fees can’t be paid by cash. In addition to it banks do not make a demand draft of Rs 10 and only option left with RTI applicants is to keep Indian Postal Order (IPO) attached with RTI application.
Suggestion
Before September 2012, any person intending to seek information under J&K Right to Information Act (RTI) used to write down RTI application on a “Non Judicial” stamp paper. This served two purposes, 1) no extra paper was to be used, and 2) through this stamp paper information seeker paid RTI application fees as well. But when the J&K RTI Rules 2010 were repealed in 2012, not only did the Government snatch autonomy of the State Information Commission (SIC), but it created a problem for the ordinary people as well, by disbanding the use of Non Judicial stamp paper which was one of the provisions for paying RTI application fees. Under existing RTI rules people now have four options left for paying RTI application fees. 1) Cash 2) Demand Draft 3) Bankers Cheque 4) Postal Order . But all these provisions have their own flaws which are listed as under :
For paying RTI application fees of Rs 10 in cash one has to visit the Public Authority or Government office himself or herself. On several occasions the cashier is not present in the office , sometimes the GR book is not there. On several occasions Information seeker does not want to have an encounter with the officials from whom he wants to extract information. If an information seeker intends to send RTI application by speed post , how can he pay fees in cash ?
For making a Demand Draft of Rs 10 , one has to be in queue in a bank. He has to pay minimum Rs 30 to Rs 40 extra for getting a DD of Rs 10 prepared . What about those people who don’t have banking facility ? The Bankers Cheque is issued by the bank itself . So it has same flaws like Demand Draft.
I am of this opinion that 60 to 70 % of the Post offices across J&K state don’t have postal orders of Rs 10 available with them. I myself get postal orders only from GPO Srinagar as small post offices hardly sell IPO’s. In-fact I tried to seek details from GPO under RTI Act in an excel format about supply of postal orders (IPOs) to various post offices in Kashmir . In his reply GPO’s Senior Post Master who is the designated Public Information Officer (PIO) denied to share details about the sale of Indian Postal Orders (PIOs) across various districts of Kashmir. The officer informed me in writing that information under RTI Act cannot be provided in an excel format. What a cruel joke ? The officer seemed unaware that Excel format is an easy mode of providing information. The reply sent via speed post under letter No: RTI /MISC/2015 Dated 20/06 /2016 reads as : ” The Information sought to be supplied in an excel format does not fall under the purview of section 2 (F) of Right to Information Act 2005″. This reply was sent , just to mislead me.
As mentioned above Non Judicial Stamp paper is always available in courts, tehsil offices and other Government offices. Information seekers used to write an RTI application on this paper or used to attach the stamp paper with an RTI application written on plain paper . But I fail to understand why this people friendly option of paying RTI fees was deleted under the 2012 RTI Rules by previous Government ?
Conclusion:
When RTI Rules 2010 were repealed by Omar Abdullah led Government in September 2012, Peoples Democratic Party (PDP) which was in opposition at that time showed its resentment against that move. PDP is in power from last 4 years but it has not been able to restore old RTI rules. I urge upon the Government to wake up and strengthen the institution of RTI which directly empowers the powerless and disadvantaged communities. The use of Non Judicial Stamp Papers should be allowed once again. Government can also introduce special stamps of Rs 10 denomination which can be affixed with RTI application. This can also be one of the modes of paying RTI application fees.
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