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| CIC issues notices to XEn | | | Early Times Report
Jammu, Jan 1: The Chief Information Commissioner (CIC) G R Sufi has sought an explanation from the Executive Engineer (XEn) R&B Construction division II Jammu to explain why penalty proceedings may not be initiated against him as he allegedly failed to provide information under RTI to an information seeker who allegedly suffered losses due to non allotment of a construction contract. The information about this contract was also denied under RTI by the Executive Engineer and this prompted the CIC to issue penalty notice against the officer who is also the Public Information Officer (PIO) of his division.
Details available with Early Times reveal that one Vivek Tandon, a resident of Purani Mandi Jammu while exercising his right under J&K State RTI Act, 2009 filed an application before the Executive Engineer (PIO) R&B Construction division II Jammu on 23.09.2015 seeking information about the fate of his tender being lowest one. The PIO (XEn) responded to this application on 31.10.2015 late by a few days of the stipulated time of 30 days . The applicant who is a contractor by profession sought information with regard to other bidder / contractor in whose favour the work has been allotted and rates and date on which the tender has been approved. The PIO's communication to the complainant was silent on this issue.
The complainant after filing complaint under section 15 of J&K RTI Act 2009 prayed before the State Information Commission (SIC) to initiate penalty proceedings under Section 17 of the J&K RTI Act, 2009 for providing incorrect and wrong information. Another prayer before this Commission was to provide compensation to the complainant as complainant has suffered a monetary loss.
While disposing off this case the State Chief Information Commissioner (CIC) directed the Executive Engineer (Xen) R&B Construction division II Jammu to explain why penalty proceedings may not be initiated against him and in addition to the complainant was asked to explain how he suffered losses due to the alleged inaction of Executive Engineer.
Order of CIC dated 10.12.2015 reads: "Executive Engineer-cum-PIO Utter Kumar Sharma, PWD(R&B) Construction Division II, Jammu is directed to explain why penalty proceedings under section 17 of the J&K RTI Act, 2009 may not be initiated against him. His reply, if any, must reach this Commission within 30 days from the date of receipt of this order. Chief Engineer, PWD Jammu, the public authority, is directed to explain why compensation may not be given to the complainant for the alleged financial loss suffered by him. The Complainant is also directed to explain before this Commission how he has suffered the loss or any detriment, quantify the same and to prove any loss or detriment caused to him before the Commission. The complaint is accordingly disposed of subject to the finalization of the penalty proceedings." |
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