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| SIC warns SE, asks XEn to provide info under RTI | | Drainage work in Tawi Vihar Sidhra | | Early Times Report
Jammu, Sept 19: The State Information Commission (SIC) has warned Superintending Engineer, Sewerage & Drainage division Jammu west, for his lukewarm attitude towards RTI Act implementation. The commission has also directed the Executive Engineer of the division to provide information under RTI Act to an information seeker who was earlier provided incomplete and misleading information.
Kovid Khosla, a resident of Sidhra, Jammu, had moved an application on March 3, 2015 before the PIO/Executive Engineer under J&K RTI Act, 2009. He had sought the following information:
(a) Details of drainage work ongoing/completed for drainage system of Tawi Vihar Sidhra Jammu and Sidhra Jammu with yearly details of the total allocation of funds for the scheme and amount spent on the scheme.
(b) Details of concrete/non-concrete/katcha/pacca works executed by the division in entire Sidhra area since January 1, 2013 with details of the amount spent on each work.
(c) Details of the material provided by the department for execution of works mentioned above and material purchased from the market with details of the brand of the material and company/firm/department from which such material was purchased.
(d) Details of the inspection team under whose supervision the above stated work was being/was done with names of the JEs, AEs, AEEs under whose supervision such departmental works were done.
(e) Copy of the measurement book with regard to the works mentioned.
(f) Copies of the newspaper cuttings of tenders published with regard to each work mentioned above, if tendering was done, with details of the firms which participated in the tendering process and in whose favour the tenders were passed.
The Executive Engineer furnished the requisite information to the information seeker on March 17 and the same was dispatched through registered post. However, the information seeker was not satisfied with the information provided to him and he filed first appeal on March 24 before the First Appellate Authority (FAA), that is, Superintending Engineer, Sewerage and Drainage Circle Jammu.
The records reveal that the SE disposed of the first appeal, and the aggrieved applicant filed second appeal on August 11 before the SIC wherein he alleged that the PIO had provided him incorrect and incomplete information.
The SIC, after receiving the second appeal listed the matter for hearing on September 4. During the course of proceedings the RTI application and the second appeal of the appellant were discussed threadbare by Information Commissioner Dr S K Sharma and it was found that the information provided by the PIO, with respect to queries (A, D, E & F), was incomplete and the commission asked them to amplify and supplement the same with more inputs from the office record maintained in the office of Executive Engineer, Sewerage and Drainage Division (West) Jammu.
The SIC also said: "The Superintending Engineer, Sewerage & Drainage Circle Jammu while acting under Section 16 of the Jammu & Kashmir Right to Information Act, 2009 is a quasi-judicial authority and under statutory obligation to dispose of an appeal within 30 days of its receipt or within such extended period not exceeding total of 45 days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.
Whereas, in this case the FAA/Superintending Engineer, Sewerage & Drainage Circle Jammu slept over the matter and didn't follow the mandate of the Jammu & Kashmir Right to Information Act, 2009 and is hereby warned to remain careful in future and act with circumspection while disposing of appeals under Jammu & Kashmir Right to Information Act, 2009."
The order further reads: "The Technical Officer to Executive Engineer, Sewerage & Drainage Division (West) Jammu and the First Appellate Authority/Superintending Engineer, Sewerage & Drainage Circle Jammu assured the Commission that they will furnish the revised information to the information seeker, as per office record, and sought ten (10) days time to do the needful. In view of the aforesaid facts and observations, the PIO/Executive Engineer, Sewerage & Drainage Division (West) Jammu and FAA/Superintending Engineer, Sewerage & Drainage Circle Jammu are hereby directed to furnish the revised information, relating to above said queries, as per office record, free of cost within ten (10) days from the date of receipt of this order, under an intimation to the Commission. The PIO is further directed to dispatch the information to the information seeker, under a registered cover, at the address provided by the information seeker in his RTI application." |
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