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| RTI applicant coerced to withdraw application | | SIC issues penalty notice against XEn | | Early Times Report
Srinagar, Dec 15: The State Information Commission (SIC) has issued a penalty show cause notice against an Executive engineer of Ferozepora Basin Irrigation Division (FBI) who failed to provide complete details of the works executed by the division from 2012 to 2015 under Right to Information Act (RTI) to an information seeker and then got the applicant pressurized to take back the RTI application.
Details available with Early Times reveal that a complainant namely Khursheed Ahmad Sheikh from Nambalnar, Tangmarg district Baramulla filed a complaint before the SIC on 16.11.2015. The complainant submitted that he filed an application in the office of Executive Engineer (XEn) PHE Tangmarg Baramulla on 10.04.2015 seeking details of the works undertaken under different schemes form 2012 till November 2015 with names of works, schemes and location. The information seeker also sought details of expenditures on these works and details of unused pipes plus total funds and balance funds allotted for the proposed work. The information seeker wanted to know the mode of execution of these works (verbally or through tendering process). The information seeker in his complaint alleged that authorities ignored his RTI application and tried to pressurize and convince him to withdraw the application. He requested the SIC to look into the matter and take immediate action and ensure the required information is provided to him. During proceedings held at State Information Commission (SIC) Srinagar office the Executive Engineer Hydraulic Division Tangmarg submitted that he recently joined and requested commission for grant of time for disposing of the RTI application. He further clarified that PHE Sub Division Tangmarg falls under the Administrative control of Ferozpora Basin Irrigation (FBI) Division Tangmarg.
In compliance to the directions of the Commission conveyed through notice dated 30.11.2015, XEn FBI Division Tangmarg disposed of the RTI application under letter dated 04.12.2015, where under information was sent to the complainant with a copy to the SIC. The complainant during his appearance before the SIC submitted that he received information , but was not satisfied with the same. The SIC in its order ruled, "XEn FBI Division Tangmarg is directed to inform the complainant particulars/address of FAA within one week. As regards alleged delay Xen has not brought any explanation or evidence before the Commission. In view of the above, XEn FBI Division Tangmarg is directed to explain as to why penalty proceedings under Section 17 of the Act shall not be initiated against him for delay in disposing the RTI application beyond period prescribed under Section 7 of the Act . His explanation, if any, should reach the Commissionwithin two weeks from the receipt of this order. With the above directions, the complaint filed before the Commission is dispose off." |
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