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| SIC issues penalty notice to AEE , asks CE to conduct enquiry | | Info about Power theft in Kulgam | | Early Times Report
Srinagar Aug 20: The State Information Commission (SIC) has issued penalty show cause notice against the Assistant Executive Engineer (AEE) Electric Maintenance & Rural Engineering (EM&RE) Kulgam for denying information about power theft. The SIC has also sought an explanation from the Executive Engineer (Xen) EM&RE Kulgam for his failure to decide the RTI appeal within stipulated time.
The SIC has also directed the Chief Engineer EM&RE Kashmir to conduct enquiry into this issue.
Details available with Early Times reveal that one Mohammad Yousuf Bhat s/o Abdul Gani Bhat a resident of Kokergund, Kulgam filed second appeal against PIO/AEE Electric Sub-Division Kulgam stating that he filed an RTI application before PIO on 17.01.2015 seeking information, but PIO failed in providing the requisite information within stipulated time period. Appellant Mohammad Yousuf Bhat had filed first appeal before Xen cum Fitst Appellate Authority (FAA) of Electric M& RE Division Kulgam on 28.2.2015, but FAA also has not responded to his appeal within the stipulated time period.
The appellant requested the Commission (SIC) that information sought may be provided to him and action under Section 17 of the Act may be initiated against PIO & FAA for not providing the requisite information.
In reply to the notice of the Commission (SIC), Executive Engineer, EM&RE Kulgam vide letter dated 30.06.2015 enclosed information supplied by AEE. During proceedings on 02.07.2015, the appellant pointed out that period from which agreement has been made with PDD has not been mentioned in the RTI reply . He submitted that he has sought information regarding status of installation in the month of January 2015, when the RTI application was filed. Since this issue is of larger public interest involving revenue to the Government, the Commission directed Xen/AEE EM&RE Anantnag to provide status of installations of these consumers as it existed in the month of January 2015.
The case was again heard on 23.07.2015 and appellant submitted that he has not received the information from the PIO in compliance to the directions of the Commission. Consequently the Commission issued following directions: -
"The appellant pointed out that response of PIO dated 30.06.2015 is addressed to the Commission and copy of the same has not been marked to him as is required under the Act. PIO is directed to send this information to the appellant along with status of installations as per directions dated 08.07.2015 through prescribed mode of service".
SIC's order dated 11.8.2015 reads as : "In compliance to the directions of the Commission passed on 23.07.2015, AEE Electric Sub-Division Kulgam has provided status of electric installation as existed in the month of January 2015. The appellant admitted to have received this information but alleged that consumer at S. No. 3 under installation No. 20233 in the name of Muzafar Ahmad Bhat s/o Ali Mohammad Bhat is used by two households i.e. Muzaffar Ahmad Bhat and Ali Mohd. Bhat. He further alleged that there are other consumers in the village who are consuming electricity without being registered by the Department. Although appellant could not produce documentary evidence to substantiate his allegation, yet this being a prima-facie case of illegal use of power supply, the Commission deems it proper to direct Chief Engineer E&MRE Kashmir to conduct enquiry into the matter and take appropriate action under intimation to the Commission"
Order further reads as : "Shri Sajad Ahmad Bhat, AEE submitted that he could not attend the Commission on 23.07.2015 because of a serious ailment which restricts his movement. This being reasonable cause, no further action is therefore warranted. The appellant has filled first appeal before FAA/Xen EM&RE Kulgam on 24.03.2015 through registered post.
As per Section 16 ( I ) of the Act, the FAA/Xen was required to decide the appeal within maximum period of 45 days. The FAA was directed to file counter statement to the appeal vide notice dated 12.06.2015, which has not been complied with. Therefore prima-facie, Executive Engineer EM&RE Division Kulgam is at default for not deciding appeal as per duties cast on him as FAA. In view of the above, Xen/FAA is directed to explain/show cause within two weeks as to why he failed to decide the appeal filed before him. In so far as delay in disposal of the RTI application is concerned, PIO AEE Electric Sub-Division Kulgam is directed to explain as to why penalty proceedings under Section 17 of the Act shall not be initiated against him. His explanation, if any, should reach the Commission, within two weeks from receipt of this order" |
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