NL Correspondent
SRINAGAR: While the RTI Act 2009 is under implementation for the last nine years in Jammu and Kashmir, the State Information Commission has found that the departments were not following the rules in implementation of the RTI Act 2009 in the state.
The Chief Information Commissioner, Khurshid Ahmad Ganai has written a letter to the administrative secretaries and heads of departments.
According to the communiqué, the SIC has instructed the departments that they were not following the rules in implementation of the RTI Act 2009 in the state.
According to the communique there have been “deficiencies, weaknesses” in implementation of the Act that “deserve priority attention”.
The SIC according to the letter found high incidence of public information officers “not providing” information to the RTI applicants within the stipulated period of 30 days prescribed under section 7 (1).
The CIC has issued several instructions to departments while furnishing information to the applicant under the Act.
“Insufficient awareness about the JK RTI Act 2009 and the rules among the PIOs and first appellate authority. Quality of orders/disposal by the PIOs and FAAs is not always upto the mark,” the letter reads.
The SIC in the letter mentioned difficulties faced by the RTI applicants in depositing of fees and photocopy charges and in many cases the exact amount to be deposited for charges not communicated promptly by the PIOs.
“Non existence of special RTI calls in most government offices for providing assistance to the RTI applicants,” the letter reads.
It says that there were instances of use of section 6 (3) for transfer of RTI application to another public authority without due application of mind and without informing the applicant in many cases.
The CIC has directed the departments for “mechanical way of disposal by the FAAs as against the quasi-judicial manner intended in the Act for the 1st appeal and non-invocation of section 16 (3) for making reference to the SIC against erring PIO”.
“High incidence of dissatisfaction with the type and quality of disposal of PAAs resulting in 2nd appeals in most cases.”
As per the figures of the year 2014-2015, over 27000 number of RTI applications were received by the PIO.
“This is a small number indicating low level of awareness about RTI among the people,” the letter reads.
It states that incidents of less than desired assistance being provided to the PIOs by the officials in their own departments/public authorities in the collection of requisite information to be provided to the RTI applicants.
However, the SIC has said that there has been “reasonably good progress” registered with the relatively transparency law.
