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| SIC summons CE PDD Kashmir for RTI violation | | | Early Times Report
srinagar, Jan 7: As the Chief Engineer Power Development Department (PDD) Kashmir fails to adhere to the provisions of the State Right to Information Act (JK RTI Act 2009) , the State Information Commission (SIC) has issued a notice against the said officer asking him for personally appearing before the SIC office. The copy of the order has been marked to the administrative department as well for necessary action. As per documents available with Early Times one Saadat Ahmad Qadri from Solina Srinagar has sought information under J&K RTI Act, 2009 on 06.05.2014 from PIO (Technical Officer) Office of the Chief Engineer, EM&RE Kashmir. The pointwise Information included details of breakup of funds released Division-wise during 2011-12, 2012-13 and 2013-14 indicating Head of account. In addition to it the RTI applicant sought details of funds released to each divisions and cost of material purchased from various private agencies/firms/contractors/supplier other than Govt stores/departments. The information seeker also sought details of purchase orders and works undertaken under CDF, MP LAD and other centrally & district board sponsored schemes.
When the said information was not provided to the RTI applicant, he filed an appeal before the First Appellate Authority (FAA) ie Chief Engineer EM&RE Kashmir on 12.06.2014 on the grounds of no response was given by PIO within 30 days from the date of submission of application in Form-1.
The appellant filed Second Appeal before the State Information Commission (SIC) on 23.07.2014 stating that PIO did not respond his RTI application and consequently he filed First Appeal before FAA on 12.06.2014 and FAA was bound to take necessary action by 11.07.2014; but FAA failed to respond till 21.07.2014 (i.e. 10 days beyond last day mandated in terms of the Act). The appellant further submitted before SIC that in between, the PIO sent a letter dated 28.06.2014 exactly 23 days beyond the last due date the PIO was bound to provide the information sought and the belated information covered only first two points of the RTI application.
The Second Appeal has been filed before State Information Commission (SIC) on the grounds that no information has been provided by PIO against some points mentioned in the RTI application. The appellant Saadat Ahmad Qadri prayed before the Commission that necessary action in the matter may be initiated against PIO and FAA (Chief Engineer) under the provisions of the J&K RTI Act 2009.
In his reply/counter statement dated 29.08.2014 PIO submitted that information sought by the information seeker was sought from the subordinate divisions and major portion of information except Points No. (iii), (iv) and (v) received from divisions was provided to the information seeker vide letter dated 28.06.2014. PIO further submitted that subordinate divisions were directed to provide requisite information directly to the information seeker vide various official communications made by the office of the Chief Engineer (EM&RE) Kashmir office . During proceedings in the Commission on 28.10.2014 following
directions were issued: -
"Chief Engineer EM&RE Kashmir shall direct concerned Executive Engineers to communicate response/information as per records to the information seeker in respect of points iii, iv & v of RTI application and PIO O/o Chief Engineer is directed to respond to Point No. vi within two weeks".
Meanwhile Commission (SIC) received communication from information seeker addressed to Chief Engineer in reference to PIOs letter dated 03.11.2014 stating as under: -
"Apropos your communication cited on the subject mentioned above, we convey our word of trust to you and are satisfied with your stated position".
In compliance to the directions of the Commission conveyed on 24.11.2014, Chief Engineer, EM&RE Wing Kashmir vide his reply dated 04.12.2014 submitted that implementation of section 4(1)(b) is already in vogue with the Department and the relevant information is available on our departmental/wing's (M&RE) website.
With regard to non-appearance, Chief Engineer submitted that on 21.11.2014 an electrical accident took place at Magam where some law and order problem had taken place which was to be attended on priority and as such he could not attend the Commission and directed PIO to attend on the scheduled date. The eleven page information sent to the information seeker was enclosed.
SIC order dated 6.12.2014 reads as :
" Upon perusal of records, it is seen that the RTI application filed on 05.06.2014 has been responded to by the PIO on 28.06.2014 by providing details of release of funds under Major Head: 2801-Power, Minor Heads and Detailed Head: Maintenance and Repairs along with details of funds released during 2011-12, 2012-13 and 2013-14 with corresponding expenditure booked thereof. He further informed the information seeker that cost of material procured out of the released funds is to be obtained from the concerned Divisions and same shall be informed accordingly. Correspondences made to Divisions were produced before the Commission. It is also evident that some of the information has been obtained from Chief Accounts Officer on 28.05.2014 and therefore RTI application involves transfer period of 5 days. Therefore PIO has responded to within prescribed period " Chief Engineer in his counter reply dated 04.12.2014 submitted that information has been provided directly by Executive Engineer Budgam to the information seeker. However, the same is awaited from the Divisions, who were being directed to provide the same to the information seeker directly.
SIC order further reads :
" In so far as First Appeal filed before the FAA/Chief Engineer EM&RE Kashmir is concerned, the appeal has been filed on 12.06.2014 and as per Section 16(7) of the Act, FAA/Chief Engineer was duty bound to decide the Appeal within a period of 30 days and in any case not beyond a period of 45 days (i.e. by 26.07.2014) for recorded reasons. As per evidence brought before the Commission FAA has not disposed of the appeal filed before him and therefore he has failed to discharge duties cast upon him under J&K RTI Act, 2009. Chief Engineer was asked to explain his position in this regard vide notice of the Commission dated 29.10.2014, however, FAA/Chief Engineer has not given his explanation for his failure to decide the First Appeal. Therefore Mr. Bashir Ahmad Khan FAA/Chief Engineer EM&RE is directed to explain as to why action under J&K RTI Act, 2009 should not be taken against him for not deciding First Appeal. His explanation should reach within 2 weeks. With regard to implementation of Section 4(1)(b), Chief Engineer informed the Commission vide reply dated 04.12.2014 that implementation of Section 4(1)(b) is already in vogue in their Department and the relevant information is available on website www. emrekashmir.com. However, the website/s of the Department was visited in presence of the PIO (Technical Officer to Chief Engineer) and it was noted that there is no link/information related to Section 4(1)(b) of J&K RTI Act, 2009 available on said website. In view of above Registrar SIC is directed to issue show case notice by name to Chief Engineer EM&RE Wing Kashmir to attend the Commission alongwith with evidence with regard to implementation of Section 4(1)(b) as admitted by him in his reply dated 04.12.2014 but no such information was found on the website. Registry is directed to mark copy of the order to Principal Secretary to Government, Power Development Department".
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