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Grievance redressal not covered under RTI: SIC
7/16/2016 11:00:20 PM
Early Times Report
Jammu, July 16: The State Information Commission (SIC) in an interesting order has made it clear that redressal of grievances or fulfillment of public demands are not covered under the definition of Right to Information (RTI). The commission passed this order while hearing an appeal from a Hiranagar resident who alleged that Executive Engineer R&B division Kathua had provided incomplete information to him.
Details available with Early Times reveal that one Pyara Krishan R/O Ward No 2 Hiranagar filed Second Appeal before the State Information Commission (SIC) on 18.03.2016 stating that he filed an application under J&K RTI Act, 2009 before PIO (Executive Engineer) PWD (R&B) Division Kathua, seeking certain information. The application was sent through Registered Post on 06.11.2015. That PIO (XEn R&B Kathua) provided some information vide letter dated 04.12.2015 which was incomplete & not as per the subject of his RTI application. Pyara Krishan preferred First Appeal before Superintending Engineer (SE) PWD (R&B) Jammu-Kathua Circle Jammu through Registered Post on 04.01.2016. It is alleged that SE who is also the First Appellate Authority (FAA) instead of making a decision in respect of incomplete information provided by PIO, directed the PIO (XEn R&B Kathua) to visit the site and solve the matter vide letter dated 22.01.2016.
PIO accordingly visited the spot on 27.01.2016 but since then no further action has been taken either by the PIO or the FAA to furnish the complete information. The appellant vide his 2nd appeal requested Commission that concerned PIO be directed to provide complete information and the defaulting officers be dealt with in accordance with provisions of RTI Act.
In response to the notice of the Commission 25.04.2016, Er. Pushotam Kumar, Executive Engineer PWD (R&B) Division Kathua filed reply vide letter 18.04.2016 submitting that the RTI application dated 07.11.2015 was responded vide letter 04.12.2015 within prescribed period of 30 days. He said that applicant approached FAA/Superintending Engineer PWD (R&B) Jammu Kathua Circle and FAA called both the parties on 22.01.2016 and directed him to visit the spot so that the grievances, if any of the appellant are sorted out at site. Xen R&B Kathua visited the site along with field staff on 27.01.2016 in presence of the RTI appellant Pyara Krishan.
During the site discussion all the issues were sorted out except issue of construction of drain along his boundary wall. PIO/XEn PWD(R&B) Division Kathua was heard via Video Conference in DC Office Kathua on 02.05.2016. The appellant Pyara Krishan was also asked to attend the hearing through Video Conferencing in DC Office Kathua but he did not attend on the scheduled time. PIO submitted that counter reply to the second appeal has been sent to the Commission on 18.04.2016.
The SIC on perusal of the information provided by the PIO vide letter dated: 04.12.2015, vis-à-vis information sought in the RTI application, held that except at Point-6, PIO has given specific information in respect of all other Points of the RTI application. On the other hand, appellant has not substantiated as to in which respect information provided to him was "not complete" as alleged in his Second Appeal.
"It is further to clarify that redresal of grievances and fulfilling demands of public are not covered under the definition of "Right to Information". PIO is obliged to furnish information as per records held by him. In view of above, the appeal filed before the Commission is disposed of with directions to PIO to provide specific information with regard to Point-6 as per records/as maintained on site" reads order of State Information Commission (SIC).
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