o {{cl6l ffi qfuon l=t RIGHT TO ffi t_v INFORMATION INFORMATION COMMISSION

BEFORE THE COURT OF DR.JORAM BEGI, STATE CHIEF INFORMATION COMMISSIONER

No.APlC-66/2020 Dated, ltanagar the 9'n June'2020

Under Section 18(11 RTI Act, 2005

Ap pellant Respondent

SHRI LIDO ETE, Shri Tanu Tasing, Village-Bene, PIO-cum-Executive Engineer PO|PS , (wRD), West , Vs Aalo Division, . , Arunachal Pradesh. Dated of hearing: 9th June' 2020.

ORDER

Whereas, a complaint under Section 18(1) of RTI Act, 2005 has been received from Shri Lido Ete, Village-Bene, PO/PS-Aalo, West Siang District, Arunachal Pradesh for non-cooperation by Shri Jummar Ete, APIO-cu m-Assistant Engineer(WRD) for inspection of work site, as Ordered by the Commission vide No.APlC-20/2020 Dated, ltanagar the 18th February'2020.

Whereas, the 1" hearing was held through Video / Audio Conferencing on 21't April' 2020. Shri Tanu Tasing, PIO-cum-Executive Engineer (WRD), Aalo Division, and the Complainant, Shri Lido Ete attended the hearing through audio conference as the video conference could not be done due to network problem at Aalo. The PIO informed the Commission that he had directed Shri Jummar Ete, APIO-cum- Assistant Engineer(WRD) Aalo to carry out the inspection of the work sites along with the Complainant as directed by the Commission. The Complainant informed the Commission that as per the direction of the Commission, the PIO had deputed Shri Jummar Ete, APIO-cu m-Assistant Engineer (WRD) Aalo for join inspection of 12 nos. of MIP work sites on 21-02-2020 but due to lack of readiness and adamancy of the APIO inspection could not take place. Further, on complaint, the PIO re-fixed the date of inspection on 29- OZ-2O2O. The Complainant also informed that he along with a witness Shri Chimar Riba were taken to the Paya village by the APIO for inspection of the l't work site on 29-02-2020 but before reaching the work site they were threatened, stopped forcefully and chased away by some 7 to 8 persons. The Complainant also informed that it was preplanned and managed by the site Engineer concern.

Whereas, the Commission viewed the complaint very seriously and directed the PIO to initiate a departmental enquiry against Shri Jummar Ete, APIO-cum-AE (WRD), Aalo and submit the report to the Commission. The Commission also directed the PIO to take the task of join inspection of 12 nos. of Mlp work sites personally by the PIO after the lockdown period enforced due to COVID-19 and submit the report to the Commission. The Commission also asked to Complainant to submit a report to the Commission after the join inspection. The PIO and the Complainant agreed to comply with the direction of the Commission.

whereas, the 2nd hearing was held through Video / Audio conferencing on r2th May' 2020. Shri Tanu Tasing, PIO-cu m-Executive Engineer (WRD), Aalo Division, Shri Jummar Ete, AE(WRD), Aalo and the Complainant, Shri Lido Ete attended the hearing through audio conference. The plO informed the Commission that the site inspection could not be carried out due to extension of lockdown period for the COVID-19 Pandemic. The Plo requested the Commission to give time for

Cont.l n 2 -2-

thesaidinspection'Moreover,theP|oinformedthathehasconductedthedepartmentaI (WRD)' Aalo' The PIO informed that APIO and the enquiry against Shri .lummar Et", APIO-cum-AE staffdeniedthecharges..o"uvtheAppe||antandfoundnofaultonthem.ShriJummarEte, AP|o-cum-AE(WRD),Aa|o,whowasa|sopresentinthehearinginformedtheCommissionthatdonor of the site some altercation between the Land during the first joint site inspection ,occurred andthecomp|ainant.TheAP|ohadaskedtheComp|ainanttodotheinspectionbutthe Complainanthimse|fdeniedtodotheinspection.TheComp|ainantarguedthattheAP|ohimse|f persona||yhadwarnedhimofthepossib|econsequences.TheComp|ainantrequestedthe Commissiontoa||owhimtobeaccompaniedwith2(two)personsduringthesiteinspection.

the joint site inspection personally whereas, the commission directed the Plo to conduct a|ongwiththeComp|ainantShriLidoEteandacompanion,ShriChimaRibaafterthe|ockdown periodisoverbutat|eastovn"to'"thenextdateofhearing.TheCommissiona|sodirectedboth thepartiestoapproachthe,Aa|oPo|iceStationtomakesecurityarrangementduringthesite inspection, if threat perception is anticipated' Audio conferencing on gth June' whereas, the 3,o hearing was held through Video / 2020.shriranuTasing,plo-cum-ExecutiveEngineer(wRD),AaloDivision,couldnotbe Comp|ainant, Shri Lido Ete attended the access due to bad network connectivity. The informed the commission that due hearing through audio conferencing. The complainant to|ockdownimposednythe|oca|stheycou|don|yinspectonesiteouttwe|vesites.The give one more date of hearing' so the Complainant appealed the Commission to site' Complainant requested for inspection of one more

Whereas,theCommissiongivingreasonab|eopportunitytoboththepartiesdirected theP|otoconductinspectionofat|eastonemoresitebeforethenextdateofhearing. at 1030hrs' The next date of hearing is fixed on 7th July'2020

Therefore,ShriTanuTasing,Plo-cum.ExecutiveEngineer(WRD),Aa|oDivision, pradesh, hereby summoned to appear before this court west siang District, Arunachal are throughvideo/audioconferenceontheschedu|eddateandtimewithoutfail. sd/- (Dr.Joram Begi) State Chief Information Commissioner Arunachal Pradesh Information Commission Itanasar Dated, ltanagar theDJune, 2020 Memo No'AP tc-66I 2O2o/ la; copy to: sianl Engineer (wRD), Aalo Division, west shri ranu Tasing, plo-cum-Executive District, Arunachal Pradesh' West Siang District' Arunachal Pradesh 2) Shri Lido Ete, vifi"g"-8"n"' PO/PS-Aalo' in the APIC WEBSITE' 3) Computer erograrimer for uploading 4) Case file. ltnfiltu--l Registrar/ oy'helgistrar Arunachal Pradesh lnformation Commission Itanaear -..-- DffiRegrctraf +!' ArunaC.hal Praimn lrr^r. ,'i, ' '-i.rlof