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Utilization of funds for new power supply schemes
SIC shoots penalty notice to Xen PDD Rajouri
11/22/2014 10:46:53 PM
Early Times Report

Jammu, Nov 22: As Executive Engineer (Xen) Power Development Department, Electric Division Rajouri has failed to appear before the State Information Commission (SIC) in case of 2nd appeal under J&K Right to Information Act (RTI), the SIC has issued a penalty notice against the erring Xen under the provisions of State RTI Act. The Executive Engineer has also failed to provide the information sought under State RTI Act to an information seeker.
As per documents available with Early Times one Asghar Ali Khan Advocate J&K High Court, Jammu moved an application dated 15-04- 2014 before the Executive Engineer PDD Division, Rajouri under Jammu & Kashmir Right to Information Act, 2009 wherein he sought information related to utilization of funds under various heads earmarked for installation of new power supply schemes in Power Development Department , Electric Division Rajouri . The Executive Engineer (Xen) also happens to be the Public Information Officer (PIO) PDD division Rajouri.
Feeling aggrieved of inaction on the part of the PIO cum Executive Engineer, PDD Rajouri the appellant preferred 1st appeal dated 21-05-2014 before the 1st Appellate Authority ie Chief Engineer, EM&RE, Jammu. The 1st appellate authority vide order no. CEJ/RTI/MISC/148- 50 dated 09-06-2014 directed the PIO (Xen) to furnish the revised information to the appellant as per his application within 10 days under RTI Rules in vogue and also intimate about the action taken in this regard.
As the information was not provided by Xen PDD Rajouri , the appellant filed 2nd appeal dated 08-07-2014 before the State Information Commission (SIC) in which he alleged that no information as requested in the RTI application has been furnished to him by the Public Information Officer (PIO) who is also the Executive Engineer (Xen), PDD Division, Rajouri and requested the Commission that necessary direction be issued to the PIO to furnish the requisite information.
The Commission after receiving the 2nd appeal listed the matter for hearing on 14-08-2014, 15-09-2014, 01-10-2014 & 11-11-2014. The Public Information Officer/Executive Engineer, EM&RE Division, Rajouri was given sufficient opportunity to remain present before the Commission on the above said dates of hearings but inspite of the fact that notice in advance was sent at his official address, he did not comply with the same.
SIC order reads as:
"The perusal of the 2nd appeal filed by the appellant shows that there is unreasonable delay on the part of the Public Information Officer/Executive Engineer, EM&RE Division, Rajouri in furnishing the information to the information seeker even the PIO did not comply with the directions passed by the 1st appellate authority. The Public Information Officer/Executive Engineer, EM&RE Division, Rajouri is hereby directed to provide the requisite information to the information seeker within 10 days from the date of receipt of this order under an intimation to the Commission. The Public Information Officer/Executive Engineer, EM&RE Division, Rajouri is further directed to show cause why fine under Section 15 of the Jammu & Kashmir Right to Information Act, 2009 read Section 32 of Code of Civil Procedure, 1977 (Samvat) may not be imposed upon him for his failure to appear before the Commission on the dates of hearings within two weeks from the date of receipt of this order"
Order further reads:
"The Public Information Officer/Executive Engineer, EM&RE Division, Rajouri is further directed to show cause why penalty under section 17 of the Jammu & Kashmir Right to Information Act, 2009 may not be imposed upon him for causing unreasonable delay in furnishing the information to the information seeker within two weeks from the date of receipt of this order".
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