SIC/J/A/205/2012/402 - State Information Commission

Jammu
04-12-2012
File No: SIC/J/A/205/2012
Decision No: SIC/J/A/205/2012/402
Sh. Bansi Lal Balwal ……….Appellant Absent
Sh. Surat Singh ………PIO
Present
Addl. Deputy Commissioner,
Udhampur.
Sh. Sushil Kesar,
Present
Tehsildar, Ramnagar.
Briefly the facts in this appeal are that Sh. Bansi Lal Balwal R/o
Village Dhandhal, Tehsil Ramnagar at present 11 LIG Housing
Colony Phase Ist Udhampur moved an application dated 19-5-2012
under J&K RTI Act, 2009 before the PIO, Revenue Department,
Udhampur seeking the following information:-
a). “Kindly issue me Photostat copies of RBA certificates issued
by Tehsildar Ramnagar in respect of persons resident of
Village Dhandhal in terms of SRO 294 dated 21-10-2005.”
Accordingly the PIO endorsed the said application to Tehsildar
Ramnagar Vide no. 225/Adm dated 23-05-2012 for submission of
requisite information under RTI Act, 2009. Subsequently Tehsildar,

Ramnagar vide his letter no. 612/M dated 21-06-2012 advised the
information seeker to clearly mention from which date / year he
required the information as the information was voluminous and also
involved payment of fee for Photostat copies as envisaged in RTI Act,
2009. But the information seeker failed to provide the date/year from
which he required the Xerox copies of RBA certificates and this was
the sole reason for not furnishing the information to the information
seeker as he could not intimate the date and year from which he
required the information and accordingly the fee he was supposed to
pay could not be calculated and this was entirely due to the failure on
the part of the RTI Applicant.
The information seeker filed appeal before the FAA i.e. D.C.
Udhampur wherein he wanted the same information as he had sought
from the PIO Addl. Deputy Commissioner, Udhampur earlier. The FAA
after giving full opportunity of being heard to the information seeker
issued an order vide his no. 430-32/AM dated 04-09-2012 that the
appeal does not bear merit and is proved non-maintainable and
dismissed the same.
Being aggrieved against the order of the PIO and FAA the
appellant preferred 2 nd appeal before the Commission on 31-10-2012.
The appellant could not cause his personal appearance before the
Commission today on the date of hearing as he was sick and preferred
to contact the Commission telephonically and during the telephonic
conversation he requested the Commission that the information
sought by him relating to photocopies of RBA certificates issued by
Tehsildar Ramnagar in terms of SRO 294 dated 21-10-2005 be
furnished to him. During the course of proceedings the PIO and the
Tehsildar, Ramnagar agreed to furnish the information as sought by
the information seeker provided the information seeker files a fresh

application mentioning the date/year from which he wants to seek
information relating to RBA certificates issued by Tehsildar, Ramnagar.
In view of the aforesaid facts, the information seeker is directed
to file an application before the PIO mentioning therein date/year from
which he wants to seek the information within one week from the
receipt of this order so that the requisite information may be furnished
to him expeditiously. The PIO and the Tehsildar, Ramnagar is also
directed to furnish the photocopies of RBA certificates issued by
Tehsildar, Ramnagar in terms of SRO 294 dated 21-10-2005 duly
authenticated by the Tehsildar concerned to the information seeker
free of cost within four weeks from the date of pronouncement of this
order under an intimation to the Commission.
-
The appeal is accordingly disposed of.
Notice of this decision be given free of cost to the parties.
Sd/
( Dr. S.K. Sharma)
State Information Commissioner
Copy to:-
1. The First Appellate Authority/Deputy Commissioner, Udhampur.
2. The Public Information Officer/ Sh. Surat Singh, Addl.
Commissioner, Udhampur.
3. Sh. Sushil Kesar, Tehsildar Ramnagar.
4. Sh. Bansi Lal Balwal R/o Village Dhandhal, Tehsil Ramnagar
at present 11 LIG Housing Colony Phase Ist Udhampur.
(Khalid A. Shah)
Assistant Registrar,
J&K State Information Commission