Sh. Dheeraj Sharma - State Information Commission

File No: SIC/J/C/33 Dec./ 2011
Decision No: SIC/J/C/33 Dec./2011/147
Sh. Dheeraj Sharma
….. Complainant
Sh. Sidiq Ahmad Wani
Executive Engineer
PWD (R&B) Circle
Rajouri.
….. Public Information Officer
Jammu,
20.06.2012
The complainant is present in person. However, the PIO has been
represented by Sh. Ramesh Chander Sharma, Jr. Engineer, PWD (R&B)
Division Rajouri as the PIO was busy in the pre-Board meeting of District
Rajouri as requested by him vide his letter No. 2639-44 dated 19.06.2012
which is placed on the file.
Briefly the facts of the case are that Sh. Dheeraj Sharma S/o. Sh.
Ram Saroop Sharma R/o. & VPO Dhangri, Tehsil & District Rajouri moved
an application under J&K Right to Information Act, 2009 on 12.09.2011
before the PIO / Executive Engineer, PWD (R&B) Circle, Rajouri, seeking
the information regarding approved Detailed Project Plan (DPR) & Survey
Report including Drawings and Survey cost of the following works:
(i) Construction of road from Dhangri to Gunni.

(ii)
(iii)
(iv)
(v)
(vi)
(a) Construction of 2 Nos. 3 Mtr. Span RCC Culvert and 10
Nos. 0.90 dia Hume Pipe Culverts on road from Dhangri
to Gunni Km 1 st to 5 th under NABARD.
(b) Providing and laying of 150 mm thick WBM Gr-II (75 mm
thick two layer) in Km 1 st to 5 th Dhangri Gunni road.
Detail of land compensation paid to the concerned land owner
and house owner and expenditure indicated separately ownerwise
including amount of compensation paid to the owner.
Total funds received from NABARD Authority of above said
works along with expenditure detail and utilization certificates
thereof.
Payment made to the contractor along with treasury voucher
number, date of payment, nature of payment, on which
works/material payment give details.
Name of contractors who allotted the above said works and
CDR No. & Name of Bank.
Allotted rates of above said works & name of person from
home work constructed through department and how much
amount expenditure through Department.
(vii) Name of Xen, AEE, JE and Supervisor who engage for
supervision as per approved DPR.
(viii) Approved cement and authority whose approved cement with
company name, rate of cement, total cement bags used for
above said works.
(ix)
(x)
Period for which information asked for : 15 days.
Furnish a list of JEs along with their posting who are posted at
Rajouri Division.
On the last date of hearing i.e. 04.04.2012, the PIO was directed to
furnish the revised set of information to the information seeker lastest by
17 th April, 2012. A set of information, which was sent to the complainant
by registered post at his residential address, was also handed over to him
during the course of proceedings held on 04.04.2012. The complainant
was also advised to go through the contents of information and in case he
feels that the information is incomplete, incorrect and suppressed, he must
bring the same to the notice of the PIO and also to the notice of the
Commission on the next date of hearing. The complainant vide his
application dated 17.05.2012 informed the Commission that information
provided to him is incomplete and incorrect.
The complainant also submitted before the Commission that the
supplementary information which was provided to him by the PIO on
12.04.2012 is also incomplete in many respects. He has also alleged that
he was made to deposit the cost of information to the tune of Rs. 2940/-
vide Receipt No. 0296934 dated 23.11.2011 as demanded by the PIO after

expiry of the statutory period. His contention is that he is entitled to get
information free of cost as the PIO had failed to furnish the information
within the statutory period of 30 days and, however, despite making
payment, the PIO failed to furnish the information to the information
seeker.
In view of the aforesaid facts, the PIO is directed to refund the
payment made by the complainant as cost of information sought by him
and furnish the authenticated information to the information seeker free of
cost, which must be complete and inconformity with his RTI application,
within a period of two weeks from the date of pronouncement of this order,
under an intimation to the Commission, failing which the Commission shall
initiate penalty proceedings against the PIO under section 17 of the RTI
Act.
The complaint is accordingly disposed of.
Notice of this decision be given free of cost to the parties.
Sd/-
( Dr. S.K. Sharma)
State Information Commissioner
Copy to :
1. First Appellate Authority / Superintending Engineer, PWD (R&B)
Division Rajouri.
2. Public Information Officer / Executive Engineer, PWD (R&B) Circle
Rajouri.
3. Sh. Dheeraj Sharma S/o. Sh. Ram Saroop Sharma R/o. & VPO
Dhangri, Tehsil & District Rajouri .
4. Guard file.
(S.K. Thaploo)
Assistant Registrar,
J&K State Information Commission
NB: (In any correspondence on this decision, please mention the complete decision number).