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| Revealing names of officials may lead to blackmailing: SIC | | | Early Times Report
Srinagar, Oct 13: The State Information Commission (SIC) in first of its kind order has directed the Executive Engineer (XEn) R&B division Kupwara not to disclose the names of the officials / engineers who prepared an estimate for a road construction work in Halmatpora village of Kupwara.
According to SIC's order said revealing names may lead to blackmailing of the officials.
Details available with Early Times reveal that one Tanveer Ahmad Khan S/o Mohammad Hashim Khan R/o Halmathpora Kupwara filed a 2nd appeal under J&K RTI Act 2009 before the State Information Commission (SIC) on 03.09.2015 stating that he approached R&B Division Kupwara for seeking information about some works executed in his village on 8.6.2015.
The concerned PIO allegedly did not provide him complete and required Information to Tanveer Ahmad Khan and the RTI applicant on 25.8.2015 filed 1st appeal before the Superintending Engineer R&B Circle Baramulla/Kupwara who also happens to be the First Appellate Authority (FAA). Thereafter, RTI applicant received two letters from Executive R&B Kupwara-one dated 8.8.2015 stating reply of the RTI application and another letter dated 24.08.2015 stating that information has been furnished to the information seeker.
Again not satisfied the RTI applicant moved an appeal before the State Information Commission (SIC) wherein he requested the Commission to take necessary action against the respondents for not providing him complete information and also requested that desired information be provided to him. The information sought by applicant includes.
1 Works taken up since Ist of April 2012 with the information of the life span of those works.
2. Information of material used in the work viz widening of Kupwara- Halmatpora road near Marazi Mohalla, with photographs before and after execution of said work, and the information of its bill, feasibility and site selection report of the officer I/C of work with name and designation.
3. Inspection of records like cash book & contingency register of the financial year 2012-13.
In compliance to the notice of the Commission, Peer Shahe Jehan Mohammad Executive Engineer (XEn) R&B Division Kupwara - (PIO) submitted that he joined as XEn R&B Division Kupwara on 13.06.2015, whereas the RTI application was filed on 8.06.2015. He further submitted before the SIC that he came to know the pendency of the RTI application from the letter of SE R&B Division Baramulla/Kupwara dated 05.08.2015.
While issuing the judgment on Oct 6th 2015 the State Information Commissioner Nazir Ahmad directed the Executive Engineer (XEn) to provide the information to RTI applicant. He directed the XEn not to disclose the names of officers who selected the site and made feasibility report (estimate) as this may lead to blackmailing of the officials.
SIC's decision dated 6.10.2015 reads as: "The information sought at Point-1 is not specific and therefore it is not in accordance with the Section 6(1)(b) of the Act which provides the information seeker to "specify the particular of information." Upon perusal of the response of the PIO dated 8.8.2015 vis-à-vis the information sought, the Commission directs Xen R&B Division Kupwara to provide copy of bill of work specified at Para-I of his reply dated 8.8.2015. However, the Executive Engineer need not disclose the name of the officer for purpose of privacy as it may lead to intimidation and blackmailing. Should the information seeker have any doubts about the said work, he is free to approach any competent authority/ investigation agency in this regard. The XEn shall also intimate the information seeker in writing date for inspection of records as sought by him at Para-3. A compliance report in this regard be filed before the Commission within two weeks. From the records and the reply filed by the PIO, the Commission is convinced that there is no malafide on the part of the incumbent PIO for delay in providing information" Pertinent to mention that Information Commissioner Nazir Ahmad has served as Chief Engineer in R&B prior to his appointment as State Information Commissioner (SIC). |
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