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| SIC warns Superintending Engineer Udhampur | | Non disposal of 1st appeal | |
Early Times Report
Jammu, Aug 26: For the first time since the State Information Commission got constituted in J&K State a First Appellate Authority (FAA) who is the Superintending Engineer (SE) Udhampur has been issued a warning letter by the State Information Commission (SIC) recently for violating the provisions of JK RTI Act 2009.
As per details an RTI applicant Kovid Khosla, Advocate, J&K High Court Jammu, moved an application dated 07-01-2013 under the J&K RTI Act, 2009 before the PIO/Executive Engineer, PHE Division, Udhampur seeking Information regarding Total amount received by the Ex-Engineer (EM&RE Div-3) AEE Stores (EM&RE Div-3) or other concerned officials of EM&RE Div-3 Jammu in year 2010, 2011, 2012 for making purchases of different items under different heads; Names and designations of officials of (EM&RE Div-3) to whom such amounts have been sanctioned for making such purchases with description of amounts sanctioned; Details of the items (including quantity/quality/brand/date of purchase) purchased by above said officials in year 2010,2011, 2012 along with their actual cost of purchase and name of company/firm/individual from whom such items have been purchased.; Whether tenders for such purchases were done if yes, name of the company/firm/individual who made bids and in whose favour tenders were passed with date of tenders; Details of bids made in such tenders along with the details of the approved bids for last three years; Details of items utilized/distributed/installed along with the dates and areas of their installation/distribution/utilization; Details of items purchased from ECSD Jammu, SICOP Jammu/Super Bazar Workshop Division Jammu and local market in the years 2010,2011, 2012 till date with details of their rate /brand/quality quantity; List of the removed or damaged items lying in the aforesaid stores at present; Name of the development works done by PHE department under M.L.A (C.D.F) Udhampur in year 2010,2011, 2012 till date with full details of works done/estimated costs of such works/amounts received for carrying out such works /order and date/physical status with details of the executing agency or contractor and name of the block in which such work was done; Whether tenders for such works were done if yes then details of the tender quotations with details of approved bids and name of the contractors or agency who carried out the work and time period within which such works were executed; Yearly losses in rupees in the said division for non recovery of water supply dues; L. Total amount in rupees yet to be recovered as rent in entire PHE division Udhampur from consumers for consumption of water supplied by department and steps taken by department for such recovery.
The PIO did not provided the said information within stipulated time and subsequently a 1st appeal was moved before SE Udhampur who is also the First Appellate Authority (FAA) under JK RTI Act for Xen PHE Udhampur.
PIO (Xen PHE Udhampur ) submitted before SIC during the course of proceedings that the information was sent to the information seeker vide office No: 5670-71 dated 31-01-2013 and produced the dispatch register in support of his contention. The PIO further told the State Information Commission (SIC) that his office has not preserved/kept any postal receipt in this regard and he is unable to produce the same. The information seeker submitted before the Commission (SIC) that he received the information only after filing second appeal before the SIC which was sent to him under a registered cover.
The documents available on record with the SIC showed that though the information was sent to the information seeker and has been received by him also but the same is incomplete and not as per his RTI application. During the course of proceedings held on August 5th 2013 , the PIO agreed to provide the revised information to the information seeker within 15 days.
The SIC in its order said that the role of the PIO in this regard that though the information as per dispatch register stands furnished to the information seeker but absence of any postal receipt in support of the same raises many doubts/question marks about the action of the PIO in providing the information within statutory period. "The Commission takes a serious note of such laxity on the part of the PIO and warns him to remain careful in future and act with circumspection while discharging his duty under the RTI Act" reads the order issued by the SIC. |
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