Excelsior Correspondent
JAMMU, Feb 2: State Infor-mation Commission (SIC) has directed the Secretary to Government, Rural Develop-ment Department, District Development Commissioner Budgam and Director Rural Development Department, Kashmir to hold a time bound enquiry into construction of tube wells and dug wells and procurement of material by the Block Development Officer (BDO) of B K Pora in a time bound manner and take appropriate action.
The direction was passed by Information Commissioner, Nazir Ahmed while disposing of an appeal filed by one Abdul Manan Bukhari against the Public Information Officer/ BDO B K Pora in Budgam district. The appellant had filed an application before the PIO/ BDO seeking information vis-à-vis total number of dug wells constructed in B K Pora block under MGNREGA scheme, list of beneficiaries, total cost involved in the construction of dug wells or tube wells and source for procurement of material etc.
After being denied timely and full information, the appellant knocked the doors of the State Information Commission by filing an appeal during which the BDO informed the Commission that pending information, if any, could not be provided as the record got washed away in the devastating floods of September 2014. He, however, failed to produce any documentary evidence—copy of FIR and inventory etc.
Accordingly, the Commiss-ion directed the BDO to seek assistance of SICOP under RTI Act and get information vis-à-vis source and other details for procurement of material for tube wells/ dug wells and furnish the same to the appellant if it is not available in cash book/ other records of his office. He was also asked to intimate action taken for retrieval of records and documentary evidence of damage during floods in the shape of FIR/inventory.
After going through the documents brought on record, the Information Commissioner observed, “there appears merit in the argument made by the appellant that flood furry devastated entire Kashmir Valley in general and Srinagar and its adjoining areas in particular on 07.09.2014 thereby disrupting not only road communication but also telephone/mobile connectivity. In such a situation, it is highly unlikely that BDO could reach office along with entire staff and prepared an inventory of damages”.
“In the damage report addressed to ACD dated 09.09.2014, BDO has informed that water in the office premises entered in all rooms up to bed level resulting in damage to all records. However, the inventory has been prepared as per subject matter/title of files and period to which it pertains which indicates that damage was not severe and records inside files, which are mostly computer typed, could have been retrieved/salvaged”, the Comm-ission observed, adding “further, even if the records were damaged, destruction of records can be done only with the orders of competent authority vested with such powers. No such evidence has been brought before Commission in this regard. The inventory has been signed by around 11 officials and attested by the BDO”.
Was it possible for all these officials to reach the office on 9th September, 2014—two days after the flood hit Srinagar district and its adjoining areas is a question, which can only be answered through a proper enquiry, the SIC said, adding “as regards source of procurement of material of tube wells, BDO has informed on the basis of records that no raw material have been lifted from District Manager SICOP Budgam. Similarly, Project Officer Wage Employment/ACD informed that as per records available with his office, no such orders have been issued till date”.
“It appears that procurement of material for tube wells/dug wells amounting to Rs 90,08,235 has been made by the BDO from one source called “Deluxe”. The appellant has sought documents regarding approval of competent authority for installing of tube wells/hand pumps. This information has not been provided on the plea that records have been damaged”, the Commission said, adding “this issue needs thorough enquiry to ascertain whether BDO is competent to make such purchases, whether codal procedures have been followed and whether approval of competent authority has been obtained. It also needs to be enquired whether installation of dug wells/tube wells are in accordance with MGNREGA guidelines”.
With these observations, the Commission has directed the Secretary to Government, Rural Development Department, District Development Commi-ssioner Budgam and Director Rural Development Department Kashmir to hold a time bound enquiry into the matter and take appropriate action, so that the objectives of the RTI, which is meant to bring out irregularities/omissions & Commissions in the working of public authorities are met.
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