Notice to IPH chief engineer for RTI non-compliance

Tribune India: Shimla: Monday, September 10, 2018.

The orders were passed during a hearing on an RTI application seeking information regarding the total ground water availability in Shimla.

The Chief Information Commissioner (CIC), Himachal, has ordered that a show-cause notice should be issued to the Engineer-in-Chief, Irrigation and Public Health Department (IPH), the Member Secretary, Himachal Ground Water Authority (HPGWA), and Executive Engineer as to why penalty should not be imposed on them for not implementing the provisions of the RTI Act 2005 and sought their reply within three weeks.

The orders were passed during a hearing on an RTI application seeking information regarding the total ground water availability in Shimla, annual ground water draft, stage of ground water development, amount of ground water recharge from rainfall in the non-monsoon and other sources in non-monsoon season, season, ground water level data for each of the blocks of Shimla for all four seasons for last eight years, sources of water for hotels, guest houses and other accommodations, residential and industrial units and number of structures without rain water harvesting system filed by RTI activist Akash Vashisht.

The applicant maintained that the first appeal filed by him on February 13, 2017 was not decided and no information was provided on RTI application of December 14, 2016.

There seems to be no compliance with the provisions of Section 4 of the RTI Act which mandates every Public Authority (PA) to facilitate information within 120 days and it shall be the constant endeavour of every PA to take steps in accordance with requirement of the Act that provides that much information should be provided to public suo moto on regular basis so that the ‘Public” has minimum resort to RTI Act to obtain information.

On the plea given by the respondents that some of the information pertained to the Municipal Corporation, the CIC said that the PIO should have obtained such information and delivered it to the applicant but this process was not followed in the instant case.

It is clear that the department has not exercised adequate care and caution in dealing with the RTI and in this case, it has clearly failed to dispose the RTI as per Section 7 of the RTI Act. Therefore, it would appropriate to issue show cause notice to Engineer-in-Chief, IPH, Member secretary HPGWA and Executive Engineer, the order said.