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| Works executed by Irrigation Div II Jammu: SIC orders for record inspection | | | Early Times Report
Jammu, Nov 3: The State Information Commission (SIC) has ordered inspection of record, under the Right to Information (RTI) Act, of the works executed by the Irrigation Division-II Jammu. The SIC has asked the Executive Engineer (XEn) of the Division-II to allow an RTI applicant to undertake inspection of the official record and then decide which information he intends to take with him.
As per details available with Early Times, one Chandan Gupta of Samba had moved an application on 24.04.2015 before the PIO/Executive Engineer, Irrigation Div-II wherein he sought certain information relating to details of departmental works carried without floating tenders from 01.07.2014 to 23.04.2015 in the division. The information seeker was directed by the PIO vide letter No. JID/II/1240-42 dated: 06.05.2015 to deposit an amount of Rs. 21,900 as cost of the information sought.
The appellant vide application dated: 15.05.2015 sought estimate for the amount so conveyed by the PIO for compiling and assimilating the information. The PIO framed the estimate again and intimated the appellant vide letter No. JID/II/1559-61 dated: 19.05.2015 providing him detailed calculation as regards copying/reproduction/Xerox of documents sought and also the details of manpower required for undertaking such exercise. The PIO conducted all correspondence through registered post and within the statutory period prescribed under the Act. The appellant instead of depositing the cost of information approached the First Appellate Authority( FAA), that is, Superintending Engineer, Hydraulic Circle, Jammu by filing first appeal which was disposed of vide No. SE/HYD/2854-57 dated: 27.06.2015 directing the PIO to provide a revised estimate after working out the rates applicable strictly as per RTI Act, 2009.
The PIO in his counter-statement filed before the SIC vide No. JID/I/4088-89 dated: 22.09.2015 submitted that the appellant instead of approaching the PIO/Executive Engineer, Irrigation Div. II, Jammu or FAA/Superintending Engineer, Hydraulic Circle, Jammu approached the SIC by filing the second appeal and is reluctant to deposit the cost of information. During the course of proceedings held at SIC office Jammu on 26.10.2015, the RTI application of the information seeker was discussed threadbare by the Commission and it was found that the information sought was voluminous in nature and its preparation or compilation would disproportionately divert the resources of the concerned public authority.
Moreover, the appellant was not interested in depositing the cost of information as demanded by the PIO. In the given circumstances, the inspection of record was the only feasibility, which will could serve the purpose and PIO agreed to allow the appellant an opportunity to inspect the record. The appellant also submitted before the Commission that he was willing to conduct an inspection of record, provided the PIO allows him an opportunity to access the same. "In view of the aforesaid facts and observations, the PIO/Executive Engineer, Irrigation Division-II, Satwari, Jammu is hereby directed to allow the appellant an opportunity to inspect the record in his office, on a working day, during office hours and provide certified copies of relevant documents only, if requested by the information seeker. However, the PIO should take care that no such information which may affect the privacy of any person or which is exempted from disclosure under section 8 (1) of the Right to Information Act, 2009 be provided to the information seeker. The parties are at liberty to settle the date and time for inspection of record which may be convenient to them," the SIC order read. |
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