Power Department refuses to furnish information under RTI for 5 years

Oherald: Goa: Saturday, September 01, 2018.

PIO Bharat Nigalye refused to adhere to orders of first appellate and GSIC; GSIC asks petitioner to approach HC; Petitioner questions if no scam then why is information “concealed”

There may be cases of the authorities trying to conceal information to avoid controversies or illegalities, but here is a case wherein a department has refused to even follow orders of the top authorities to reveal information. The information sought are the documents pertaining to the Reliance-Salgaocar power project.

What is shocking is the Principal Information Officer (PIO) of the Electricity Department refused to follow orders of the higher authorities to hand over the documents. Interestingly, Goa State Information Commission (GSIC), which is the highest authority for appeal in the State also took five years to reach a verdict.

It started in 2013 when activist Kashinath Shetye had filed an application dated March 23, 2013 under RTI seeking to be furnished information regarding the Reliance Infrastructure Limited (the Reliance-Salgaonkar Pvt Ltd) 48 MW Mini Power Project.

But PIO Bharat Nigalye, AE then and now Executive Engineer, replied on April 1, 2013,  saying the concerned matter is not dealt by the section and information is not available. Thereafter, Sheyte filed a first appeal under Section 19 of the Act, seeking that the PIO be directed to furnish information sought by him, as to allow inspection of records as requested on May 27, 2013.

He also submitted a complaint to ACB alleging loss to the exchequer to the tune of Rs 550 crore on February 21, 2013 and CRMA 141 of 2013(Old)  and CRMA 15 of 2014 with CBI Court dated February 28, 2013. But the CBI court rejected the application on July 9, 2014 as the petitioner could not produce the information asked by the court.

However, the First Appellate Authority, where Shetye had appealed, with an order dated June 7, 2013 directed the PIO to supply information on or before June 28, 2013.

Aggrieved with the non-implementation of the order of the first appellate authority Shetye filed a second appeal under Section 19 of the Act before the Commission on September 6, 2013. Here, GSIC took five years to decide the matter.

GSIC upheld the order of the first appellate authority and directed the PIO to furnish information within 15 days of the receipt of the order latest by July 4, 2018. But again when the petitioner went to collect the information on July 9, 2018 no information was supplied, instead the respondent asked Shetye to approach the High Court.

In his appeal to the HC, Shetye said that the Commission failed to consider that information was not supplied for nearly five years, which is not in consonance with the spirit of the Act, and the legislative intent behind it.

“Commission should have implemented their own order and would have taken compliance of the order before directing the petitioner to approach this court,” he said adding that the Commission has erred in its interpretation of the provisions and the scope of the Act and Right to Information.

The PIO, he said, failed to appreciate that the information was to be submitted to the CBI court where there was loss of Rs 550 crore, the obligation placed upon them to provide the information sought by an applicant under the Act.

Shetye says that the information sought is being denied to him to hide, suppress and remove any irregularities, illegalities that may exist in the same and to save the corrupt officers.