Early Times Report
Srinagar, July 17: The State Information Commission (SIC) has issued a notice to the Executive Engineer (Xen), PDD division, Pulwama, who is also the designated Public Information Officer (PIO) of the concerned electric division, for his failure to provide within stipulated period information under RTI Act.
Two RTI applicants had sought information about electric transformers installed in some villages here. They had also filed an appeal before the concerned Superintending Engineer (SE) but he too had not provided the information. The case finally landed in SIC.
As per the documents available with Early Times, Mohammad Yaseen Mir and Riyaz Ahmad Mir, both residents of Kalampora, Pulwama, sought information under J&K RTI Act, 2009 from PIO, Electric Maintenance Division, Pulwama, regarding transformers supplying electricity to Mokdampora and Sheikh Mohallas of village Kalampora in a format from 2010 to 2014. The information was sought for dates of damage of transformer, dates of restoration, total number of breakdown days, estimate on account of restoration of the system, electric tariffs charged during the breakdown days, remission of the electric tariffs and number of registered consumers alongwith their details. This RTI application was send to the department through a registered post addressed to Electric Maintenance Division, Pulwama, on February 15, 2014. Thereafter, information seekers approached the SE, Electric Circle, Pulwama, on March 20, 2014 with First Appeal stating that despite lapse of due date neither information has not been provided nor applicants have been contacted in this regard.
As there was no response from the SE too, a Second Appeal was filed before SIC on June 4, 2014 on the ground that RTI application was submitted on February 18, 2014 along with a treasury receipt but despite lapse of the due date, no information was provided and they approached SE cum First Appellate Authority (FAA) on March 20, 2014, but he too remained unresponsive. The appellants requested SIC that action under rules may be initiated against the officers responsible and PIO may be directed to furnish the information required as early as possible.
During the proceedings, Chief Information Commissioner observed PIO had failed to pass order under within 30 days. Let PIO present himself before the commission to explain why penalty under section 17 may not be imposed on him for not passing order within statutory period of 30 days, as provided under the Act. Similarly, the First Appellate Authority, who is stated to be Superintending Engineer, Electric Circle, Pulwama did not disposedof the first appeal under section 16 of the Act and hence failed to perform the duties assigned to him. Let Superintending Engineer-cum-FAA Electric Circle, Pulwama also present himself before the Commission to explain his position as to why he had not adjudicated the appeal presented by the appellant before him, he chief information commissioner said.
Mohammad Ayoub, AEE, Electric Circle, Pulwama attended the Commission on behalf of PIO. The set of information handed over to the information seeker is challenged by the information seeker, claiming that information has not been given as per RTI application proforma.
During the fresh proceedings held at SIC office Srinagar on July 11, 2014 Mohammad Shafi Wani Executive Engineer (Xen) Electric Division Pulwama produced copy of information provided to the information seeker under letter dated June 26, 2014 along with enclosures. On perusal of information by SIC , it was found that the information has been compiled for the period 2010-14 as per the proforma enclosed with the RTI application, although RTI Act does not mandate creation of information as per proforma. The appellants could not explain or substantiate as to in what respect the information is incomplete. Therefore, allegation of the appellants that information is not given as per proforma is unfound. As per the directions of the Commission, Xen cum PIO produced copy of meeting notice from the office of Chief Engineer, EM&RE Kashmir directing all SEs and Xens to attend meeting on 26th June 2014 at 11 am. Therefore, absence of Superintending Engineer/Executive Engineer on previous date of hearing is justified.
With regard to non-adjudication of First Appeal, Abdul Rashid Wani, SE Electric Circle Pulwama who is also the First Appellate Authority (FAA) submitted that he has been posted on promotion as SE on 21.06.2014, and it came to his notice only after notice of hearing was issued by the Commission dated 02.07.2014. Appellants submitted that the information has been sought to know whether there has been any remission of electricity fee during breakdown of transformers, when there was no power supply. SE and Xen submitted that representation from villagers for remission of fee during breakdown period is under consideration of the department and this shall be reflected in the bills of August 2014.
The SIC order reads as: "Xen is directed to intimate action taken in this regard to the Commission. In so far as delay is concerned, PIO is directed to explain as to why penalty proceedings under section 17 shall not be initiated against him for delay in disposing of the RTI application within prescribed period under the Act. His explanation should reach the Commission along with action taken report in fee remission before 10th of August 2014. With the above directions, appeal filed before the Commission is disposed of." |
