Early Times Report
Jammu, Oct 13: It is more than one year since the State Information Commission (SIC) issued orders directing Commissioner, Jammu Municipal Corporation (JMC) to initiate departmental enquiry against its Executive Engineer (XEn-T) who had deliberately withheld information related to purchase of Animal Birth Control (ABC) drugs.
Details available with Early Times reveal that one Devinder Kour Madaan, president SAVE, a Jammu-based NGO, had moved an application on 13.04.2015 before the PIO/Secretary, JMC under the RTI Act wherein she sought certain information relating to animal birth control programme for different localities within the limits of Jammu Municipality.
Early Times had filed a detailed report on this issue in September last year. The appellant feeling aggrieved of inaction on the part of PIO filed first appeal on 21.05.2015, before the First Appellate Authority/Municipal Commissioner, JMC. The FAA disposed of the first appeal vide No. MJ/Estt./2787-91 dated: 29.06.2015 with the direction to the PIO and Chief Accounts Officer, JMC, Municipal Veterinary Officer, JMC and Chief Transport Officer, JMC to take all necessary steps and ensure that the information be provided to the applicant within a period of two weeks from the date of passing of the order. In the meantime the appellant received information from the PIO and she alleged in her second appeal before SIC dated: 24.08.2015 that the information provided by the PIO is incomplete and incorrect.
The appellant had further alleged that she had asked about the bills of all the medicines purchased by the JMC for the birth control programme. The PIO avoided the query on a flimsy ground by stating that the bills of the medicines are still not reimbursed.
Some information pertained to the Executive Engineer, Town Hall (Xen -T), JMC and the PIO transferred the application to the Executive Engineer, Town Hall, JMC on 24.04.2015. The records shows that Arvind Gupta, Executive Engineer (T), JMC furnished the information to the PIO/Secretary, JMC vide office No. MJ/15-16/Tech/T/2015 dated 22.08.2015 and the said information was further transferred to the information seeker vide office No. JMC/S/RTI/761 dated 04.09.2015. It clearly shows that there has been delay of about four months in furnishing the requisite information especially the component relating to Gupta.
"The attention of the Municipal Commissioner, JMC is hereby drawn to the fact that PIO/staff of the Jammu Municipal Corporation has not only been casual in handling the RTI application but also reluctant in sharing the information sought by the information seeker. However, during the course of proceedings, S.K. Bhagat, Law Officer, JMC and Dr. Zaffar Iqbal, Municipal Veterinary Officer, JMC assured the Commission that they will furnish the revised information to the information seeker and sought a week's time to do the needful," reads SIC order dated 8/9/2015.
SIC order further read: "In view of the aforesaid facts and observations, the Law Officer, JMC and Municipal Veterinary Officer, JMC are hereby directed to furnish the revised information to the information seeker, answering all the queries raised in the RTI application, free of cost, within one week from the date of receipt of this order, under an intimation to the Commission. The information be dispatched to the information seeker at the residential address provided in the RTI application under a registered cover. However, the Commission would like to draw the attention of the Municipal Commissioner, JMC for the casual attitude and modus operandi adopted by its staff. Executive Engineer (T) JMC in furnishing the delayed information to the information seeker. Section 5(5) of Jammu & Kashmir Right to Information Act, 2009 enjoins upon an officer whose assistance has been sought by the PIO to render all assistance available at his disposal and for the purpose of any contravention of the provisions of the Act, such other officer shall be deemed as PIO. She is further directed to initiate departmental enquiry against official, Executive Engineer (T) JMC for his casual and indifferent approach/attitude in providing the assistance sought by the PIO in terms of Section 5(4) and 5(5) of the Jammu & Kashmir Right to Information Act, 2009 and file compliance report to the Commission within 3 weeks from the date of receipt of this order. The Municipal Commissioner, Jammu Municipal Corporation is further directed to monitor the case of the appellant personally so that the directions passed by the Commission are complied in letter and spirit." |
