1 /. O q-q-* tnr sTfuorr RIGHT TO H INFORMATION ITANAGAR BEFORE THE COURT OF DR.JORAM BEG|, STATE CHTEF TNFORMATTON COMMTSSTONER No.APlC-5 6/2020 Dated, ltanagar the L3th October' 2OZO Under Section 19(3) RTlAct, 2005 Appellant Respondent Shri Bini Noga, Shri Bamang Raju, Village Kherbari, PIO-cum-EE(PWD), P.O - Kalaptukar, Raga, Kamle District, P/5-Raga, SDO Dollungmukh, Vs Arunachal Pradesh. Kamle District, Arunachal Pradesh. Date of hearing: 13th October,2O2O. ORDER Whereas, an appeal under Section 19(3) of RTI Act, 2005 has been received from Shri Bini Noga, Village Kherbari, P.O - Kalaptukar, P/S-Raga, SDO Dollungmukh, Kamle District , Arunachal Pradesh, for non-furnishing of information, by Shri Nani Chaliyang, PIO-cum-EE(PWD), Ziro, Lower Subansiri District, Arunachal Pradesh, as sought, by the Appellant under section 6(1) of RTI Act, 2005 on L1..t1..20L9. Whereas, the 1't rescheduled hearing was held on 2nd June' 2O2O through online Audio / Video conferencing. Shri Taniya Raji, PIO-cum-EE(PWD), Ziro, Lower Subansiri District, Arunachal Pradesh, and the Appellant Shri Bini Noga appeared during the hearing thorough online Video Conference. The Appellant informed that the PIO has not furnished any information to him. The PIO informed the Commission that he is a new incumbent to the post and has taken over the charge on 4th December'2llg. Moreover, no one informed him aboutthe application noranybody approached for the same. The PIO requested the Commission to give one month time to study and furnish information to the Appellant. Whereas, the Commission taking leniency as the PIO is a new incumbent and Considering the effects of the Covid-L9, directed the PIO to furnish all the correct and complete information to the Appellant as sought by him in the Form-A within 25th June'2020 with authentication of all the information, i.e. under the Seal and Signature of the PlO. The PIO agreed to comply with the order of the Commission. The Commission also asked the Appellant to receive the information from the PlO, go through the information and convey his satisfaction or dissatisfaction in the next date of hearing. Contd..p..2 -2- Whereas, the 2nd hearing was held on 7th July' 2o2o through online Audio / Video conferencing. shriraniya Raji, Plo-cum-EE(PWD), Ziro, Lower subansiri oistrict, Arunachal pradesh attended the hearing through online audio conference, and the Appellant Shri Bini Noga appeared during the hearing thorough online video conferencing. The plo informed the commission that the information are ready to be furnished to the Appellant after depositing the requisite fee for the information. Moreover, proper address and contact no of the Appellant not available with him. The Appellant informed the Commission that his present address is at pachin Colony (Naharlagun), near Govt. Secondary School, Papum Pare District, Arunachal pradesh and the contact no. is 473289842r. Whereas, the Commission directed the plo to furnish information to the Appellant free of cost within 2O1h )uly'2o2o, as the PIO did not furnish the information to the Apoe ant within stipulated period as per the provision of RTI Act 2005. The Appellant is asked to receive the information go through and convey his satisfaction or dissatisfaction in the next date of hearing. Whereas, the 3'd hearing was held on llthAugust, 2O2O through online Audio / Video conferencing. Shri Bamang Raju, Pto-cum-EE(PWD), Raga, Kamle District, Arunachal pradesh and the Appellant Shri Bini Noga attended the hearing through online audio conference. Shri Taniya Raji, PIO-cum-EE(PWD), Ziro Division, Lower Subansiri District, Arunachal pradesh, vide letter no. ZD/Aud(Z)RTl/202O-27/7739-42 Dated 1A/07 /2O2O informed the Commission that all pending RTI cases of Raga Assembly Constituency has been handed over to the Raga pWD Division. The new incumbent PIO of the Raga(PWD) Division informed the Commission that the information has been sent to the Appellant by post and acknowledgement has been forwarded to the Appellant in the Appellant's Whatsapp. The Appellant informed the Commission that he has received the acknowledgement in his Whatsapp no. However, information is Vet to be received. Whereas, the Commission, directed the new incumbent ptO-cum-EE(pWD), Raga Division to make it sure that the information reaches the Appellant within 10 (ten) days from the issue of this order, The PIO agreed to comply with the order of the Commission. The Commlssion asked the Appellant to receive the information, go through and convey his satisfaction or dissatisfaction in the next date of hearing. Whereas, the 4th hearing was held on 22"d September' 2020 through online Audio / Video conferencing. Shri Bamang Raju, PIO-cum-EE(PWD), Raga, Kamle District, Arunachal Pradesh vide letter No. RGD/RT|/2O2O-21/94 Dated 21st September'2o2o informed the Commission that the information sought by the Appellant has been furnished to him through post and on account of tour program of HMLA 25-Raga Constituency he will not be able to attend the hearing as the network/internet service in Kamporijo is very poor. The Appellant Shri Bini Noga attended the hearing through online audio conference. The Appellant informed that he has received the information but the PIO has not furnished information for Sl. No. ii, v, & vi as sought at Form-A. Whereas, the PIO was absent during the hearing, the Commission could not hear from him. The Commission directs the PIO to furnish complete information for Sl. No. ii, i.e. Technical & Finance Evolution of all Firm, Sl.no. v, i.e. Appendex-21 copy statement, and Sl.no. vi, i.e. Tender scrutiny note copy, as sought by the Appellant at Form-A within ten days from the date of issue of this order. The Commission asked the Appellant to receive the information, go through and convey his satisfaction or dissatisfaction in the next date of hearing. Contd..p..3 -3- whereas, the 5th hearing was held on l3th october' 2020 through online Audio / Video conferencing. shri Bamang Raju, Plo-cum-EE(pwD), Raga, Kamle District, Arunachal Pradesh and the Appellant Shri Bini Noga appeared in the hearing through online video conference. The Appellant informed the Commission that the PIO has not furnished information as per the last hearing order. The PIO informed the Commission that as he was absent in the last hearing on account of tour program of HMLA 25-Raga Constituency and he did receive the hearing order copy so could not furnish the information to the Appellant. Whereas, the Commission made it clear to the PIO that attending hearing of the commission by a Plo is a statutory duty under section 7,18, 1,9 of the RTI Act 2005 and it should be given preference above any VIP visits. Moreover the hearing on 22nd september'202O was fixed with the consent of the plo in the hearing held on 1Lth August'2020. Therefore, remaining absent and evading the RTI court hearing by shri Bamang Raju, Plo-cum-EE(PWD), Raga, Kamle District, Arunachal pradesh has been viewed very seriously by the Commission. lt has been found that the PIO has not taken action as oer the last hearing order and he has not even taken care to find out the court order copy. So, the Commission giving lost chonce and reqsonoble opportunity to the PIO directs him to furnish the remoining information to the Appellont within 25th October'2020, faiting which u/s 20(1) of the RTt Act 2005, penalty of Rs. 25, 000/- (Rupees twenty five thousand) only shall be imposed on the PlO. Also, u/s 2O(2) disciplindry action shall be recommended to the chief secretary, Govt, of A.P. The commission also asked the Appellant to receive information and convey his satisfaction or dissatisfaction before the next date of hearing. Further, Shri Bini Noga, the Appellant shall take the responsibility of delivering the commission's order of 22nd september'2020 and L3th october'2020 hearing orders to shri Bamang Raju, PIO-cum-EE(PWD), Raga, Kamle District, Arunachal pradesh. The next date of hearing is fixed on27th Octobe/ 2o20 at 10:30 hrs. Therefore, shri Bamang Raju, Plo-cum-EE(pwD), Raga, Kamle District, Arunachal Pradesh, is hereby summoned to appear before this Court in person online through Video / Audio conference on the scheduled date and time without fail. sd/_ (Dr.Joram Begi) State Chief Information Commissioner Arunachal Pradesh Information Commission Memo No.Ap tc-s6tzo2olboo o"t"a, n"nffit lg octooer, zozo Copy to: " 1. chief Engineer (PWD), Govt. of A.p., ltanagar for information and necessary action please, 2. shri Bamang Raju, Plo-cum-EE(PWD), Raga, Kamle District, Arunachal pradesh, 3. shri Bini Noga, Pachin colony (Naharlagun), near Gow. secondary school, papum pare District, Arunachal Pradesh, $4omputer Programmer, APIC, ltanagar, to upload in AplC Website, 5. Case file. Commission Itanagar.