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SIC issues penalty notice to executive engineers
PHE division Doda under scanner
6/11/2014 11:37:31 PM
Early Times Report

JAMMU, June 11: State Information Commission (SIC) today issued penalty notice against present and former Executive Engineer of the Public Health Engineering (PHE) division Doda as the officers failed to provide information regarding various water supply schemes to an applicant who had sought the details under Right to Information Act (RTI) .
According to details one B. R. Manhas (Advocate) from Janipur Jammu moved an application dated 27.12.2013 before the PIO/Executive Engineer, PHE, Div. Doda under Jammu & Kashmir Right to Information Act, 2009 where-under he sought the following information:
The appellant feeling aggrieved of inaction on the part of PIO/ Executive Engineer, PHE, Div. Doda filed first appeal dated 24-02-2014 before the Superintendent Engineer (SE) , Hydraulic Circle, Doda. The records available show that the first appeal was not been adjudicated and disposed of by the First Appellate Authority (FAA) ie SE Hydraulic Circle, Doda.
The appellant feeling aggrieved of inaction on the part of PIO/Executive Engineer, PHE Div Doda as well as First Appellate Authority/ Superintendent Engineer,Hydraulic Circle, Doda filed second appeal dated 25-05-2014 before the State Information Commission (SIC). Commission after receiving the second appeal listed the matter for hearing on 04.06.2014 at Jammu office of the Commission. Xen cum PIO A.W.Zargar, Executive Engineer, PHE Division Doda vide office No.PHED/D/RTI/2914-15/1197-98 dated 23.05.2014 filed counter statement before SIC wherein he submitted that the applicant has been provided information comprising 17 leaves through registered post vide office letter No. PHED/D/RTI/2014-15/1132-33 dated 21-05-2014.
The appellant B R Manhas acknowledged the receipt of aforesaid information; however, he alleged that the information provided to him is incomplete and misleading. RTI application of the appellant was discussed threadbare before the Information Commissioner Dr S K Sharma and it was found that the information provided to the appellant was incomplete.
The PIO/ Executive Engineer, PHE Div, Doda assured the Commission (SIC) that he will provide the revised information to the information seeker and sought two weeks time to do the needful. SIC ordered that in view of the aforesaid facts and observations, PIO/ Executive Engineer, PHE Div,Doda is hereby directed to furnish the revised information to the information seeker as per office record within two weeks from the date of receipt of this order under an intimation to the Commission.
Perusal of record shows that RTI application of the information seeker was responded only on 21-5-2014 and as such there is inordinate delay in furnishing the information to the information seeker which amounts to flagrant violation of Section 7(1) of the Right to Information Act, 2009 where-under the PIO/Executive Engineer, PHE Div, Doda is required to dispose of the RTI application as expeditiously as possible and in any case within 30 days of the receipt of the request.
In the given circumstances, both Abdul Wahid Zargar,PIO/ Executive Engineer, PHE
Division Doda is hereby directed to show cause why penalty under section 17 of the Right to Information Act, 2009 may not be imposed upon them for causing unreasonable delay in furnishing the information to the information seeker within two weeks from the date of receipt of this order, failing which action shall be initiated under rules".
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