Central Information Commission
Shahbaz Khan vs Public Works Department Ut Of J & K on 26 July, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/PWDJK/A/2023/122182
Shri Shahbaz Khan ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Public Works Department UT of J & K ...प्रनतवािीगण /Respondent
Date of Hearing : 23.07.2024
Date of Decision : 23.07.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 23.01.2023
PIO replied on : NA
First Appeal filed on : NA
First Appellate Order on : 03.03.2023
2 Appeal/complaint received on
nd : 19.05.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 23.01.2023 seeking information on the following points:-
"1. Kindly provide me Blockwise information of rajouri/doongi/thanna mandi. & Budhal Kotranka Block Total work allotted along to contractors in these blocks mention name of ward Panchhayat namiculature of work name of contractor and rate against work allotted also mention rate if with below rate
2. Kindly provide Status of work pre execution photographs and compition certificate by AEE/& JE.also provide PSC of extra CDR. if the contractor was allotted on below rate. PSC.Copy of below rate CDR. 3. Total work allotted in Block /Doongi/ Block /Rajouri /Block thanna Mandi and Block Budhal and Kotranka. March 2022 to December 31.2022.
4. Also provide name of contractors who were allotted work in below rate in above mentioned Blocks in the year of 2021-2022 up to December 31./2022.
5. Provide Status of work executed by these contractors and also provide details of work not executed in prescribed mentioned date in agreement. reason for not executing work under prescribed date mentioned in agreement signed by contractors with department 6. Kindly provide me detail of total bill with total amount submitted in Dist. treasury Rajouri by your office including municipality & PWD bill against work Completed or under work in progress in Rajouri division Page 1 of 3 along with name of work amount allotted against work and name of contractor. 7. Also provide administrative approval / & technical reports of work /allotted executed in Rajouri division along with copy of allotment and agreement of works against payment is made to contractors up to 10th of January 2023."
Aggrieved by non-receipt of any reply from the CPIO within time limit, the Appellant filed a First Appeal. The FAA, superintending engineer, PWD(R&B) Circle Poonch vide order dated 03.03.2023 transferred the RTI application to PIO, Executive Engineer, PWD(R&B) Division, Rajouri stating as under:-
"One application under RTI Act-2005 of Sh. Shahbaz Khan Journalist, Chief Editor Border Mail, W. No 05, Rajouri was transferred u/s 6(3) of RTI Act vide this office communication No: SER/R&B/12028 dated 24.01.2023 for providing information to the information seeker under the provisions of RTI Act, 2005 but after elapsing more than one month the desired information has not been provided to the information seeker so far from your office as reported by the information seeker (copy enclosed). Now once again you are directed to provide the requisite information point-wise to the information seeker directly within 07 days under intimation to this office."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 22.07.2024 has been received from the Ex. Engineer, PWD, Rajouri containing information running into 24 pages, which had been duly sent to the Appellant.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present Respondent: Shri Sardar Khan - Ex. Engineer, PWD, Rajouri was present for hearing through video conference The Respondent - Ex. Engineer, PWD, Rajouri stated that information available on official records and maintained by the public authority as per the mandate of the RTI Act, had been duly furnished to the Appellant.
Decision:
Upon perusal of records of the case and hearing averments of the Respondent, the Commission notes that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly furnished to the Appellant, in terms of the provisions of the RTI Act. The Appellant has chosen not to contest the case at hand. In the given circumstances, since appropriate information in terms of provisions of the RTI Act has already been provided by the Respondent, no further intervention is warranted in this case, under the RTI Act. The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 2 of 3 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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