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Odisha HC directs Govt. to provide free info to BPL RTI applicants

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karira

Odisha HC directs Govt. to provide free info to BPL RTI applicants

 

Reproduced below the order of the Honble. Orissa High Court (Collected from the Orissa High Court website) regarding the case of Mr. Dhoba Sahu (WP.C No: 12135/2015) seeking direction of the court to Government of Odisha for notification regarding information to BPL persons free of cost under RTI Act-2005.

 

 

The order passed by Justice B. R Sarangi on 23 July 2015

 

 

W.P.C. No.12135 of 2015

 

 

23.07.2015

 

 

Heard Mr.S.P.Das-A, learned counsel for the petitioner and Mr.B.Senapati, learned Addl.Govt. Advocate for the State.

The petitioner files this petition seeking for a direction to opposite party no.1 to comply with the recommendation of the opposite party no.2 vide Annexure-6 within a stipulated time.

 

Learned counsel for the petitioner states that this Court in Kunja Bihari Patra v. P.I.O, and another, 2013(II) OLR 546, this Court has already directed the Odisha Information Commission to provide information to the applicants belonging to BPL category and further observed that the State Government has to issue necessary notification for extending such benefits to the applicants belonging to BPL category, but till date no action has been taken by the State Government in spite of the communication in Annexure-6 being made by the Odisha Information Commission.

 

Mr. B.Senapati, learned Addl.Govt. Advocate for the State submits that since the State Government is in seisin over the matter, let necessary direction be issued to the opposite party no.1 to comply with the order passed by this Court in Kunja Bihari Patra(supra).

 

Considering the submission of the learned counsel for the parties and on perusing the materials available on record, this Court disposes of the writ petition directing the opposite party no.1 to take necessary action pursuant to the judgment passed by this Court referred to supra as well as the letter issued by the Odisha Information Commission vide Annexure-6 within a period of three months from the date of communication of this order.

 

Requisites for communication of this order along with a copy of the writ petition and enclosures to opposite party no.1 shall be filed by 27.7.2015.

Issue urgent copy as per Rules.

 

Dr. B.R. Sarangi, J.

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rameshverma
Odisha HC directs Govt. to provide free info to BPL RTI applicants

 

Reproduced below the order of the Honble. Orissa High Court (Collected from the Orissa High Court website) regarding the case of Mr. Dhoba Sahu (WP.C No: 12135/2015) seeking direction of the court to Government of Odisha for notification regarding information to BPL persons free of cost under RTI Act-2005.

 

 

The order passed by Justice B. R Sarangi on 23 July 2015

 

 

W.P.C. No.12135 of 2015

 

 

23.07.2015

 

 

Heard Mr.S.P.Das-A, learned counsel for the petitioner and Mr.B.Senapati, learned Addl.Govt. Advocate for the State.

The petitioner files this petition seeking for a direction to opposite party no.1 to comply with the recommendation of the opposite party no.2 vide Annexure-6 within a stipulated time.

 

Learned counsel for the petitioner states that this Court in Kunja Bihari Patra v. P.I.O, and another, 2013(II) OLR 546, this Court has already directed the Odisha Information Commission to provide information to the applicants belonging to BPL category and further observed that the State Government has to issue necessary notification for extending such benefits to the applicants belonging to BPL category, but till date no action has been taken by the State Government in spite of the communication in Annexure-6 being made by the Odisha Information Commission.

 

Mr. B.Senapati, learned Addl.Govt. Advocate for the State submits that since the State Government is in seisin over the matter, let necessary direction be issued to the opposite party no.1 to comply with the order passed by this Court in Kunja Bihari Patra(supra).

 

Considering the submission of the learned counsel for the parties and on perusing the materials available on record, this Court disposes of the writ petition directing the opposite party no.1 to take necessary action pursuant to the judgment passed by this Court referred to supra as well as the letter issued by the Odisha Information Commission vide Annexure-6 within a period of three months from the date of communication of this order.

 

Requisites for communication of this order along with a copy of the writ petition and enclosures to opposite party no.1 shall be filed by 27.7.2015.

Issue urgent copy as per Rules.

 

Dr. B.R. Sarangi, J.

 

It is really strange that Orrissa Govt. is acting in flagrant violation of Proviso to Section 7(5) of the RTI Act and requires directions from the Court to do what is, in fact, mandate of the Act. May good sense prevail on the powers that be.

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karira

I was also shocked that 10 years after the RTI Act 2005 was legislated, someone has to go to Court - a second time - to make a State Government implement a provision of the Act !

 

(The court had earlier passed an order in another case previously and this order simply directs the Government to implement the earlier directions of the court !)

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debaprasad92

Here in our state 90% PIO and govt officials don't care of RTI act. They just don't afraid of SIC. It's true that here penalty provisions are very rare. Applicants will be harassed till getting information.

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Prasad GLN

Look, how HC also treated the issue with kid's gloves, not only it has ignored reprimanding state govt for violations of SIC,RTI Act, their own earlier judgment, but also given them time of 3 months to implement their fresh order.

Can any one tell me whether Orissa HC is also exempting RTI fee for BPL Applicants ?

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karira

Can any one tell me whether Orissa HC is also exempting RTI fee for BPL Applicants ?

 

No, they do not.

 

This was one of the points on which I had lodged a Complaint with the CIC - one of the 14 Complaints lodges against various High Courts - for framing rules which are against the basic provisions of the RTI Act 2005. You well know the outcome !

 

The Orissa High Court Rules are available here:

 

http://www.orissahighcourt.nic.in/pdf/rti/RTI.pdf

 

There is no mention of BPL.

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Prasad GLN

Again same proverb 'Physician heal thyself [/b". What happened to those RTI Activists who has taken up the cause with State Govt., or they not aware of this fact.

Atleast APHC stated that "Exempting BPL applicant from fee is under consideration", though 5 years back.

Are they afraid of High Courts ? (You know who they means..)

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