Ashok Kumar vs Ut Of Jammu And Kashmir on 17 January, 2024

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Central Information Commission

Ashok Kumar vs Ut Of Jammu And Kashmir on 17 January, 2024

Bench: Heeralal Samariya

                                   के   ीयसूचनाआयोग
                         Central Information Commission
                               बाबागंगनाथमाग , मुिनरका
                         Baba Gangnath Marg, Munirka
                           नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No.    CIC/UTOJK/A/2022/104531

Shri Ashok Kumar                                                ... अपीलकता /Appellant
                                   VERSUS/बनाम

PIO, J&K Social Welfare Board                                ... ितवादीगण /Respondent

Date of Hearing                          :   17.01.2024
Date of Decision                         :   17.01.2024
Chief Information Commissioner           :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :             21.06.2021
PIO replied on                    :             20.07.2021
First Appeal filed on             :             17.08.2021
First Appellate Order on          :             14.09.2021
 nd
2 Appeal/complaint received on    :             01.02.2022

Information sought

and background of the case:

The Appellant filed an RTI application dated 21.06.2021 seeking information on following points:-

"(A) Kindly provide the copy of Bank Account Statement of saving accounts maintained by listed NGO's for availing Grant-in-Aid sanctioned under National Crèche Scheme (Note: As per Scheme, a separate account has to be maintained for Grant-in-Aid under National Crèche Scheme):

1. M/s Allma Iqbal Development Environmental Sports & Cultural Welfare Society, Kishtwar

2. M/s Bismah Social Welfare Society, Srinagar

3. M/s Border Area Development Council, Kupwara

4. M/s Choudhary Bright Academy, Jammu

5. M/s Dilshada Institute, Pulwama

6. M/s Educational Environmental Social Sporls Cultural Society, Doda

7. M/s Evergreen Model Society, Srinagar

8. M/s Ganit-ul-Aloom Charitable Trust, Doda Page 1 of 3

9. M/s Golden Urban & Rural Sanitation Society, Srinagar

10. M/s Golden Valley Voluntary Organisation, Srinagar

11. M/s Grameen Kalyan Sanghtan Society, Kathua

12. M/s Hassina Ladies Vocational Centre, Srinagar

13. M/s Helping Hand A Society, Jammu

14. M/s l&K Rural Welfare Institution, Ganderbal

15. M/s J&K State Welfare Institute, Doda

16. M/s J&K Yateem Trust, Srinagar

17. M/s Jagriti Mahila Udhyog Kendra, Jammu

18. M/s Janu Social Welfare Soclety, Samba

19. M/s Khakni Ladies Vocational Centre, Anantnag

20. M/s Kiran Rural Women Development Society, Jammu

21. M/s KIK Welfare Society, Jammu

22. M/s Lal Ded Women Welfare Society, Jammu

23. M/s Master Institute, Srinagar

24. M/s Mighli Ladies Institution, Anantnag

25. M/s National Hamdard Society, Srinagar Etc "

The CPIO, J&K Social Welfare Board vide letter dated 20.07.2021 replied as under:-

"Kindly refer your RTI application letter No: nil dated: 21.06.2021 regarding above cited subject. In this connection this office is not custodian of such record like Bank statement of accounts, you can approach directly to the NGO's."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.08.2021. The FAA and vide order dated 14.09.2021stated as under:-

"Whereas, in pursuance to the application made by appellant to the First Appellate Authority as per the rules in vogue. Central Public Information Officer, J&K Social Welfare Board and appellant was called in person on 07.09.2021 at 11.00 am in the office chamber 1 Floor Block A, Old Secretariat, Srinagar for hearing of the matter vide office letter No. SWB/J&K/RTI FAA/2020-21/547-48 dated:

31.08.2021.

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Whereas, on the scheduled date of hearing the Central Public Information Officer, J&K Social Welfare Board was present, but the appellant or his representative was not present during the hearing.

Whereas, undersigned examined the records pertaining to this appeal, it has been observed that the decision of Central Public Information Officer was not appropriate in the matter.

Therefore, the First Appellant Authority disposes off the appeal with direction to Central Public Information Officer, J&K Social Welfare Board to transfer the original RTI application to Central Public Information Officer of concerned voluntary organizations under section 6 (3) of RTI Act. 2005 and also directed to provide the information to the appellant directly under an intimation to this office. The Central Public Information Officer, J&K Social Welfare Board is hereby directed to transfer the RTI within five working days positively."

In compliance with the FAA's order, the CPIO, J&K Welfare Board vide letter dated 17.09.2021 transferred the RTI application to all the listed NGOs.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Both the parties remained absent during the hearing despite prior intimation. Decision:

Keeping in view the facts of the case and on perusal of the available records, the Commission is of the view that an appropriate response in accordance with the provisions of the RTI Act, 2005 has been provided to the Appellant as only such information that is held and available on the records of the public authority can be provided. Hence, no further intervention of the Commission is required in this matter.

The instant Second Appeal stands disposed off as such.

Heeralal Samariya (हीरालाल साम रया) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3

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