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Initiate inquiry against XEn: SIC to JMC
Purchase of medicines for ABC
9/16/2015 11:07:17 PM
Early Times Report

Jammu, Sept 16: The State Information Commission (SIC) has directed Commissioner of Jammu Municipal Corporation (JMC) to initiate a departmental inquiry against an Executive Engineer for unnecessary delay in furnishing information sought by an RTI applicant and related to purchase of medicines for Animal Birth Control (ABC) programme in Jammu.
Details available with Early Times reveal that one Devinder Kour Madaan, president of SAVE, an NGO based in Jammu, had filed an application on April 13, 2015 before the PIO/Secretary, JMC under the RTI Act, seeking information related to the ABC programme for different localities within the limits of Jammu municipality.
As the PIO did not respond, the applicant filed first appeal on May 21 before the First Appellate Authority (FAA), Municipal Commissioner, JMC. The FAA disposed of the first appeal vide No. MJ/Estt./2787-91 on June 29 with the direction to the PIO and Chief Accounts Officer, JMC, Municipal Veterinary Officer, JMC and Chief Transport Officer, JMC, to take all necessary steps and ensure that the information be provided to the applicant within two weeks.
In the meantime the appellant received information from the PIO, but in her application before the SIC on August 24 she alleged that the information was incomplete and incorrect. She said she had sought information about the bills of all medicines purchased by the JMC for the ABC programme in one particular month and the "PIO avoided the query on a flimsy ground by stating that the bills of the medicines are still not reimbursed."
Some information sought had pertained to the Executive Engineer, Town Hall, JMC, and the PIO had transferred the application to the Executive Engineer on April 24. The records shows that the Executive Engineer, Arvind Gupta, furnished the information to the PIO/Secretary, JMC vide office No. MJ/15-16/Tech/T/2015 on August 22. The information was forwarded to the applicant on September 4. It clearly shows that there has been a delay of about four months in furnishing the requisite information sought by the application, especially the component relating to the Executive Engineer.
"The PIO/staff of the JMC has not only been casual in handling the RTI application but also reluctant in sharing the information sought by the information seeker," the SIC said in its order.
"However, during the course of proceedings, S.K. Bhagat, Law Officer, JMC and Dr. Zaffar Iqbal, Municipal Veterinary Officer, JMC assured the Commission that they will furnish the revised information to the information seeker and sought a week's time to do the needful," reads the SIC order issued on September 8.
The SIC order further read: "The Law Officer, JMC and Municipal Veterinary Officer, JMC are hereby directed to furnish the revised information to the information seeker, answering all the queries raised in the RTI application, free of cost, within one week from the date of receipt of this order, under an intimation to the Commission. The information be dispatched to the information seeker at the residential address provided in the RTI application under a registered cover.
"However, the Commission would like to draw the attention of the Municipal Commissioner, JMC for the casual attitude and modus operandi adopted by its staff, especially Arvind Gupta, Executive Engineer (T) JMC in furnishing the delayed information to the information seeker. Section 5(5) of Jammu & Kashmir Right to Information Act, 2009 enjoins upon an officer whose assistance has been sought by the PIO to render all assistance available at his disposal and for the purpose of any contravention of the provisions of the Act, such other officer shall be deemed as PIO.
"She is further directed to initiate departmental enquiry against Arvind Gupta, Executive Engineer (T) JMC for his casual and indifferent approach/attitude in providing the assistance sought by the PIO in terms of Section 5(4) and 5(5) of the Jammu & Kashmir Right to Information Act, 2009 and file compliance report to the Commission within three weeks from the date of receipt of this order. The Municipal Commissioner, Jammu Municipal Corporation is further directed to monitor the case of the appellant personally so that the directions passed by the Commission are complied in letter and spirit."
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