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| SIC issues penalty notice against XEn PDD Budgam | | Removal of solar lights from residential colony | | Early Times Report
BUDGAM, May 1: The State Information Commission (SIC) has shot show cause notice against Executive Engineer PDD Budgam for not providing the information under State RTI Act to an applicant who had sought information about some street lights which allegedly had been removed by the PDD officials from a residential colony at Ompora Budgam
The resident Mohammad Hafiq Rafique resident of Housing Colony Ompora Budgam filed an RTI application to Executive Engineer, Electric Division (PDD) Budgam through registered post on 10.12.2013 seeking following information:-
a. Status report of letter submitted on 09.11.2013 (copy enclosed with receipt for ready reference).
b. Under whose orders the street lights were removed by Ghulam Hassan and Ghulam Nabi Lineman posted at Govt. Housing Colony, Ompora, Budgam?
c. What was the reason for removal of said street lights?
d. What action was taken against the said officials if removal was illegal?
Thereafter, the RTI applicant filed First Appeal before Chief Engineer, Power Development Department Srinagar on 13.01.2014 on the ground of not receiving the information within stipulated time. The PIO in the office of Chief Engineer EM&RE Kashmir forwarded the First Appeal to Executive Engineer Electric Division Budgam on 20.01.2014 asking him to provide the information to the applicant and also explain the reasons for delay.
After failing to receive the reply the second appeal was filed before the State Information Commission (SIC) on 14.02.2014 on the ground of non receipt of information and prayed that the appeal be allowed and concerned authorities be directed to provide the information. RTI application was responded to by PIO/Executive Engineer Electric Division Budgam, on 13.02.2014 enclosing the information of Assistant Executive Engineer, Budgam. Subsequently on the directions of the Commission, PIO sent reply to the second appeal by responding to all the four queries of the RTI applicant on 07.04.2014 addressed to the information seeker along with enclosures of previous information as under:-
a) "The status stands replied vide our No. 9967-97/EDB dated 13.02.2014. Once again enclosed.
b) The street light had been removed on the insistence of one resident of the housing colony Samiullah purely in the interest of general public.
c) The reason for removal of the light as enquired had been for repairs in the interest of public.
d) No action as per records had been taken against the officials, as the street light under question belongs to SMC."
The enclosures comprises of letter dated 10.02.2014 of Assistant Executive Engineer and a communication of Welfare Committee Housing Colony Budgam regarding repair of electric/solum vapour light situated at Sidiq-i-Akbar Lane near Transformer at Housing Colony.
The SIC order of 11th April reads as:
"As per the definition of Right to Information, a citizen has a right to access information which is held by public authority in the form of inspection of work, documents, records, taking notes, extracts or certified copies of documents or records etc. In the instant case all points at para (b), (c) and (d) are questions in nature which does not fall under the definition of Right to Information, even though, the PIO has given his response to these queries. In so far as query (a) is concerned, the position has been clarified in the letter of AEE dated 10.02.2014 wherein he has stated that the light has been installed by Municipal Committee Budgam.
In view of the above, it is held that Public Information Officer/Executive Engineer ED Budgam has responded to all the 4 queries of RTI application vide letter dated 07.04.2014 Prima-facie there is delay in disposing of RTI application beyond stipulated period.
Accordingly, Hamid Mateen, Public Information Officer ED Budgam is directed to explain as to why proceedings under Section 17 shall not be initiated against him for delay. His explanation, if any, must reach this Commission within 4 weeks from issue of this order". |
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