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HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED fA State Government Undertaking) ; No.HPSEBL(SECTI)/RTI Act-2005(Circular)2014- 06 61 J , l- To 7 1. The Managing Director, Beas Valley Power Corporation Ltd., 10gindernagar,Distt. MandL 2. All the Chief Engineers In HPSEBL. 3. The Chief Accounts Officer, HPSEBL, Vidyut Bhawan, Shimla-4. Sir, I am enclosing herewith the certified copy of order passed by the Hon'ble Chief Information Commissioner, Himachal Pradesh, Shirnla on 4.6.2014 in Complaint Nos . 0012,0013 & 0014/2013-14 filed by Sh. Subodh Abhi, Sylvan Height Batamandi, Paonta Sahib, Distt. Sirmour received through Asstt. Registrar, State Information Commission, H.P. Shimla vide letter No.SIC-I(C) 0012,0013,0014/2013-2014-1731 dated 28.6.2014. It is therefore, requested to take further action to implement the orders passed by the Hon'ble Chief Information Commissioner, H.P. in letter and spirit at Wing level as well as in the subordinate offi ceS falling under your jurisdiction. DA:- As above. Yours faithfully, ecutive Director (Personnel), Bhawan, Shirnla:r 1. Copy alongwith its enclosure is forwarded to All the Add!. Secty.lDy. Secty/Under Secty. in Board Secretariat. They are also requested to follow the instructions contained in th e above sa id order in letter and spirit. DA:- As above. 2. Copy to the Asstt. Re gistrar, . State Information Commission, Majitha House, Shimla-2 w.r.to his letter referred to above for information please. £ (Personnel), SEB,\_ t Bhawan, _ j. C \ ,) """e.. S?,o..""e. 4. \-\. 0"'- -rt:. nder Secretary (R&E) HPSEB Ltd. V idyut BhaVlan Shimla-4
Transcript
Page 1: HPSE~.~!dyut Sh. Subodh Abhi, Sylvan Height Batamandi, Paonta Sahib, Distt. Sirmour HP . Dated: Shimla-171002 ?-g. (;·2014 . I am directed to enclose herewith the certified copy of

--------

HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED fA State Government Undertaking)

NoHPSEBL(SECTI)RTI Act-2005(Circular)2014- ~ 0661 ~61fJated- J lshyTo 7

1 The Managing Director Beas Valley Power Corporation Ltd 10gindernagarDistt MandL

2 All the Chief Engineers In HPSEBL

3 The Chief Accounts Officer HPSEBL Vidyut Bhawan Shimla-4

Sir

I am enclosing herewith the certified copy of order passed by the Honble

Chief Information Commissioner Himachal Pradesh Shirnla on 462014 in Complaint

Nos 00120013 amp 00142013-14 filed by Sh Subodh Abhi Sylvan Height Batamandi

Paonta Sahib Distt Sirmour received through Asstt Registrar State Information

Commission HP Shimla vide letter NoSIC-I(C) 0012001300142013-2014-1731

dated 2862014 It is therefore requested to take further action to implement the orders

passed by the Honble Chief Information Commissioner HP in letter and spirit at Wing

level as well as in the subordinate officeS falling under your jurisdiction

DA- As above

Yours faithfully

(R~Hlwal) ecutive Director (Personnel)

HPSE~~dyut Bhawan Shirnlar

1 Copy alongwith its enclosure is f orwarded to All the Add SectylDy SectyUnder Secty in Board Secretariat They are also requested to follow the instructions contained in the above sa id order in letter and spirit

DA- As above 2 Copy to the Asstt Registrar State Information Commission Majitha

House Shimla-2 wrto his letter referred to above for information please

poundEx~Ctor (Personnel) SEB_V~idt Bhawan

Shimla~tr _ j e~G ~ ~ ~u9-A~~cU~ ~u C ) ~ ~~cb~y

e Soe ~I- we~~e 4 -~~ i~ ~ gt~~0shy

-rt 1Jamp~nder Secretary (RampE)

HPSEB Ltd Vidyut BhaVlan Shimla-4

1

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To

1

2

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SIC-I (C) 00120013 00142013-2014 - 1 ~ State Information Commission

Himachal Pradesh Tele 0177-2620166

Tele 0177-2629894 (Registrar) Tele-fax 0177-2621529

The Registrar State Information Commission Majitha House Shimla-2

The Suptd Engineer (works)-cum-Nodal Officer 00 HPPWD Nirman Bhawan Nigam Vihar Shimla-2

The PIO-cum-Executive Engineer (B ampR) HPPWD Paonta Division Distt Sirmour HP

The PIO-cum-Executive Director (Personnel) HPSEB Ltd Vidyut Bhawan Kumar House Shimla-4

Sh Subodh Abhi Sylvan Height Batamandi Paonta Sahib Distt Sirmour HP

Dated Shimla-17 1002 -g (middot2014

I am directed to enclose herewith the certified copy of order

~Jj)b passed by the Hon ble Chieflnformation Commissioner Himachal Pradesh

~Seuro)tRIJ ) on 04-06-2014 in Complaint Nos 001 2 0013 amp 00142013-14 filed by Sh

1 ( Subodh Abhi Sylvan Height Batamandi Paonta Sahib Distt Sirmour HP

k~ ~ for information and further necessary action

~7 Encls as above

~ ~lt I

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Cb~v C J 6P~ ~ 0 ___

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JpoundJ shy(Sanla~ Asstt Registrar

State Informat~on Commission HImachal Pradesh

----

9S ~ fJ

I

STATE INFORMATION COMMISSION HIMACHAL PRADESH MAJITHA HOUSE SHIMLA-2

bull ~

Date of Institution15062013 Date of Decision04062014

Complaint Nos 0012 001 3 amp 001 412013-2014 --

Complainant Sh Subodh Abhi Sylvan Height Batamandi Paonta Sahib Distt Sirmour-173025

Absent

Versus

Public Information Officer 1 Sh Ajay Garg Nodal Officer-cumshySE (Works) HPPWD Nirman Bhawan Shimla

Responden~1 PresenL

2 Executive Engineer (BampR) PWD Paonta Division Distt Sirmour (HP)

Respondent-II Present

l Executive Engineer HPSEB Ltd idyut Bhawan Kumar Hous~ Shiin la-4

Respondent-III Present

ORDER

The complainant filed three complaints registered in the

Commission as clmdaint Nos C-0012 C-0013 amp C-0014 All

these complaints 8 i8 directed against dffferent PIOs but are

related to the sam~ Si ()jgtct matter 0( lbrmation regarding non

implementation of p~__Yisons gt tion 4 of the RTI Act Hence

all these cornoClt__ -Ii8 taken up together for enqUiryA1~[~ ~~ ~

~~ c-~~ jSlS~~ 1 jt l~f~li-s~rar 12ilate l~lfi)rn~I ~i ~ middoti1 middotOlL1U

- -~bull--- _-_- -- bull -

Section 18 Of the HTI Act 2005 and are being disposed of

through this sinJe order

2 The complainant hied three RTI applications in the first

week of Apri l 2013 addressed to three different PIOs namely

PIO in the office of Secretary (PWO) to the Govt of Himachal

Pradesh who transferred the application to the plo in the office

of Engineer in Chief PWO PIO office of the Chief Engineer

(MM) HPSEB Ltd Kumar House Vidyut Bhawan Shimla and

the PIO-cum-Executive Engineer PWD (BampR) Division Paonta

Sahib Distt Sirmour The contents of all these applications are

the same and are reproduced from one of the applications as

belowshy

Please provide details of files and records which have

been dig itized and computerized by your department as

mandated in ~edion 4 (1) (a) of RTI Act which requires every

public au thority to maintain all its records duly catalogued and

indexed in a manner and form which facilitate proactive

information under this Act

A ~~um of Flts1 0- in the form of Postal order alongwith the

prescribed form for obtaining the information under the Right to

Informatkn Act is enclosed

3 Tgt~middot ~ospodent nos 2 amp 3 responded to these

appllcampj i(~is of the applicant by way of intimating him that no files

and r middot(y-middotb helie been digitized and computerized as per

Sectl-middotmiddot lt of the HTJ Act 2005 The respondent no1 however

respo nmiddot(j by way of providing information consisting of four

pap~~ ij rparHy re lated to certain Acts and departmental circularseL llavinq br 1 uploaded on the departmental website Being

dipoundsi~ middotf ed with the ~5 pmiddotJI) ses of the respondents complainant~ app IT)~ ched the Commission to enquire into non implementation1 ( ~

of the previsions of Section 4 by the respective public authorities

I middot -

e middotjer lt-liter the lapse of seven years since when RTI Act came

i )

~ ~- ()h~~---

1 Jgt

( into operation RTI applications enclosed with the complaints

were not specific in their contents as to what information was

sOlJght from the respondents in terms of the definition of

expression information given in Section 2 (f) of the RTI Act

2005 But thro gh rhe additional submissions made by him

during the enquiry he sought to clarify that he had sought

information as to the implementation of Section 4 (1) (a) amp 4 (1)

(b) of the RTI Act by these public authorities

4 As per Section 4 (1) (a) every public authority shall have

to maintain all its records duly catalogued and indexed in a

manner and the form which facilitates the right to information

under the Act The public authorities are also mandated to

ensure that all records that are appropriate to be computerized

are within the reasonable time and subject to the availability of

resources computerized and connected through a network all

over the country on different systems so that access to such

records is faci litated Thus the complainant had sought

information as to ~

(a) The details of fiies and records which have been

catalogued and indexed in a manner and form which

facilitates pr()i(~iie information

(b) The details of fi klS cmd n~cords which have been digitized

and computerized

5 All these thr- I s~onde nts did not respond to these RTI

applications as per 1middote contents of these applications All the

respondents on th-- iW~t date of hearing sought time to file their

detailed replies 8S 1) the status of implementation of the

obligations of thE ~Vj ~~ Guthorities under Section 4 of the Act

argued 11121 nodal off ers of the~They also depart~lmE (RTe[C~J IOt~ACJD

jS~~ l lMell a~ift L bj~- t

Cgt licLgt ~ bull f bull bull]lf41 ~ JiltlIin 1i1tlQ~ iI ~ fi us~ V tl (1middotmiddot1i 1 ~

_ bull bull c U1poundL t6 tJ ~

- -- -- ---~-~ bull bull P bull bull

middot~-_ ~_bull bull _ _ - __ ~ middot t _ ~--r~ ~- ~I bullbull bullbullbull bull bull

~ ---

i specifically designated to coordinate the implementation of the

provisions of this Section be also called for hearing Through I It subsequent hearings the respondent no1 alongwith the to ~ concerned nodal officer filed his reply stating that at the time of

receipt of the RTI application process of indexing of the files in

all the offices of public authority was not complete because of

shortage of staff However the same has now been done They 1 ~ also placed on record the copies of instructions to all the 1

Superintending Engineers to maintain all the records as per 1~ Section 4 (1) (a) of the RTI Act 2005 Similar replies were filed

by respondent nos 2 amp 3 alongwith the concerned nodal officers

oftheir departrnents

6 It is worthwhile to take note of schematic pattern of the

operationalization of different provisions of the RTI Act Section 1

(3) provides for that the provisions of Sub Section 1 of Section 4

Sub Section 1 and 2 of Sub Section 5 Sections 12 13 15 16

24 27 amp 28 silall come into force at once and the remaining

provisions of this -ct shall come into force on the 120th day of its

enactment ~3 (ct i ons - 5 12 13 15 amp 16 provides for the

appointment cJ PIblic Information Officer and Central amp State

Information (~ ) nlr~issions Sections 24 27 amp 28 provides for

exempted cclteg(rics of organisations from the ambit of this Act

and to rm~k ruies by the appropriate governments and

competent a~ middot -q j i es Section 4 (1) (a) amp (b) provides for certain

obligations ~)f )llbi ltluthorities requiring them to maintain all

their record duly catalogued and indexed in a manner and the

ATurESTED form wh ich faci litates the right to information under this Act and

~ to publish ti le sm18 proactively in respect of different parameters

~slstimiddotli R~g~Strar Iisted in Seetic-n 4 (1) (b) Every public authority was directed to

State Infonnation Comn~point jelt cn ~tei nodal officeYsmiddot to coordinate and ensure Jlp_ Shima -2

implement ~ ~lOr 1 these t)[)i l_jgtt ion s of public authorities All

these sections W8re ~ i rted 10 be operational within 120 days

of the U 18c fxneifl of this Act which is by the 1ih October 2005

~~ t

-1 ( ) L i ~f

- y

--~ff

_l r fF The office recorci of different publiC authorities was supposeo to ~(

be catalogued qnci indexed in a manner which facilitates ~i dissemination of information to information seekers proactively

by every public av ~llOrity Similarly Section 4 (1) (a) also

provides that all l e~~o rds that are appropriate to be computerized

are within a reasonable time and subject to availability of

resources computerized anp connected through a net work all

over the country on diffe rent systems sq that access to such

records is facilitated _

7_ Given th is status of legal pr9vlsions the nodal

departments of the State Govt for implementation of the RTI Act

- Administrative Reforms and Training Department - circulated

oetailed guidelines to every administrative Secretary and Heads

Of Departments to take steps to implement the provisions Of

Section 4 (1) and also issued reminders from time to time to this

effect Instructions to appoint nodal officers by every public

authority to coord ina te the efforts of public authorities to ensure

implementation of U1G provisions of this Section were also issued

but from the perusal of responses given by all the respondents to

the complainant it is observed that compliance of the State Govt

instructions in th is regard has not been done till date It is also

important to take note ()f the fact that the guidelines in the form of

office manual laid dOlin by- the State Govt as to themaintenance

of office records eVE- i prior to tle enactment of the RTI Act has

not been adhered t-) il y these public authorities However the

respondents as Plfgt hiving re fponded to th e RTI applications

of the complainant jt lh n the sir lilated period under Section 7

of the Act and there ~- 1[ i~othil1g on record to indicate that the

respondents intendelj O deprive the complainant of the requisite

information knowing no pensi action under Section 20 of the

Act is ordered against lrltm I the nodal officers of these public

authorities assured ck nng the hearing that all the administrative

~its under the control of these put author ities haATefrESTE[ ~ ~

I~ststan~ R(~~js trar

~~ S1lre kdolmak)fl C-Gampnmis~L shyHPbull Shinila -l -shy

_gt~o-_ raquo bull _ ~ bull ~ _middot middotH- v-~ ~ - - bullbull bull - bull --~ - bull -~ bull bull bull ~

~

~ ~

directed now to comply with the provisions of Section 4 (1)

However the respectlve Nodal Officers must take note of the fact

that provisions of Section 4 were mandated to be implemented

within a period of 120 days after the RTI Act 2005 came into

operation in the year 2005 This has not been done by these

public authorities primarily for the reason that their records I fi les

are not being maintained as per procedure laid down in office

manual From the perusal of a sample record in the office of PIOshy

cum-EXN (BampR) in respect of a particular link road stretch of two

kilometres it was observed that three different sets of files are

being maintained in three different branches Two kilometres

length of road was not complete for last more than 7 years How

this road was proposed for construction was not available in

record This sort of pieparation and maintenance of record is

certainly not in consonance with the spirit of RTI Act 2005 as

enshrined in the preamble of this Act They must consider

opening of subject Wi 8 fiies as provided for in office manual and

one subject should have only one file instead of multiple files

leading to confusicn and non-transparency With these

observations the gt1 npl3 int is hereby disposed of under

intimation to all thE n ~ld ies

Announced

~ cA~ ( KD Batish) (Bhim Sen)

State Information Commit-lt)ner ~ ti Tgt Chief Info rmation Commissioner

Himachal Pradesh Shiml Himacha l Pradesh Shimla

Place Shimla Dated 04062014 Ai) lirff er~T F M

ff1I u~ 7 ~r~~)isrl ~ fPry ___

middot3t 1C-e Ir~hgtlld 2tltH~ Ct[nlr ~(f - 1~

HPbull Shhnhi n A

~0 i

~ shy

shy

Page 2: HPSE~.~!dyut Sh. Subodh Abhi, Sylvan Height Batamandi, Paonta Sahib, Distt. Sirmour HP . Dated: Shimla-171002 ?-g. (;·2014 . I am directed to enclose herewith the certified copy of

1

tshy r-- ~

From

To

1

2

J

u 4

~ r4f ~ Slr

l 9Jj1-f)~1 ~ middot

SIC-I (C) 00120013 00142013-2014 - 1 ~ State Information Commission

Himachal Pradesh Tele 0177-2620166

Tele 0177-2629894 (Registrar) Tele-fax 0177-2621529

The Registrar State Information Commission Majitha House Shimla-2

The Suptd Engineer (works)-cum-Nodal Officer 00 HPPWD Nirman Bhawan Nigam Vihar Shimla-2

The PIO-cum-Executive Engineer (B ampR) HPPWD Paonta Division Distt Sirmour HP

The PIO-cum-Executive Director (Personnel) HPSEB Ltd Vidyut Bhawan Kumar House Shimla-4

Sh Subodh Abhi Sylvan Height Batamandi Paonta Sahib Distt Sirmour HP

Dated Shimla-17 1002 -g (middot2014

I am directed to enclose herewith the certified copy of order

~Jj)b passed by the Hon ble Chieflnformation Commissioner Himachal Pradesh

~Seuro)tRIJ ) on 04-06-2014 in Complaint Nos 001 2 0013 amp 00142013-14 filed by Sh

1 ( Subodh Abhi Sylvan Height Batamandi Paonta Sahib Distt Sirmour HP

k~ ~ for information and further necessary action

~7 Encls as above

~ ~lt I

~g )-oy ~-7~1Mede ~I bullbull ItI

~

~ (tCtlE f A ( Y 0

Cb~v C J 6P~ ~ 0 ___

I ~ )

spp~)s

- -j1 _ o VJQ~yenp

~8

JpoundJ shy(Sanla~ Asstt Registrar

State Informat~on Commission HImachal Pradesh

----

9S ~ fJ

I

STATE INFORMATION COMMISSION HIMACHAL PRADESH MAJITHA HOUSE SHIMLA-2

bull ~

Date of Institution15062013 Date of Decision04062014

Complaint Nos 0012 001 3 amp 001 412013-2014 --

Complainant Sh Subodh Abhi Sylvan Height Batamandi Paonta Sahib Distt Sirmour-173025

Absent

Versus

Public Information Officer 1 Sh Ajay Garg Nodal Officer-cumshySE (Works) HPPWD Nirman Bhawan Shimla

Responden~1 PresenL

2 Executive Engineer (BampR) PWD Paonta Division Distt Sirmour (HP)

Respondent-II Present

l Executive Engineer HPSEB Ltd idyut Bhawan Kumar Hous~ Shiin la-4

Respondent-III Present

ORDER

The complainant filed three complaints registered in the

Commission as clmdaint Nos C-0012 C-0013 amp C-0014 All

these complaints 8 i8 directed against dffferent PIOs but are

related to the sam~ Si ()jgtct matter 0( lbrmation regarding non

implementation of p~__Yisons gt tion 4 of the RTI Act Hence

all these cornoClt__ -Ii8 taken up together for enqUiryA1~[~ ~~ ~

~~ c-~~ jSlS~~ 1 jt l~f~li-s~rar 12ilate l~lfi)rn~I ~i ~ middoti1 middotOlL1U

- -~bull--- _-_- -- bull -

Section 18 Of the HTI Act 2005 and are being disposed of

through this sinJe order

2 The complainant hied three RTI applications in the first

week of Apri l 2013 addressed to three different PIOs namely

PIO in the office of Secretary (PWO) to the Govt of Himachal

Pradesh who transferred the application to the plo in the office

of Engineer in Chief PWO PIO office of the Chief Engineer

(MM) HPSEB Ltd Kumar House Vidyut Bhawan Shimla and

the PIO-cum-Executive Engineer PWD (BampR) Division Paonta

Sahib Distt Sirmour The contents of all these applications are

the same and are reproduced from one of the applications as

belowshy

Please provide details of files and records which have

been dig itized and computerized by your department as

mandated in ~edion 4 (1) (a) of RTI Act which requires every

public au thority to maintain all its records duly catalogued and

indexed in a manner and form which facilitate proactive

information under this Act

A ~~um of Flts1 0- in the form of Postal order alongwith the

prescribed form for obtaining the information under the Right to

Informatkn Act is enclosed

3 Tgt~middot ~ospodent nos 2 amp 3 responded to these

appllcampj i(~is of the applicant by way of intimating him that no files

and r middot(y-middotb helie been digitized and computerized as per

Sectl-middotmiddot lt of the HTJ Act 2005 The respondent no1 however

respo nmiddot(j by way of providing information consisting of four

pap~~ ij rparHy re lated to certain Acts and departmental circularseL llavinq br 1 uploaded on the departmental website Being

dipoundsi~ middotf ed with the ~5 pmiddotJI) ses of the respondents complainant~ app IT)~ ched the Commission to enquire into non implementation1 ( ~

of the previsions of Section 4 by the respective public authorities

I middot -

e middotjer lt-liter the lapse of seven years since when RTI Act came

i )

~ ~- ()h~~---

1 Jgt

( into operation RTI applications enclosed with the complaints

were not specific in their contents as to what information was

sOlJght from the respondents in terms of the definition of

expression information given in Section 2 (f) of the RTI Act

2005 But thro gh rhe additional submissions made by him

during the enquiry he sought to clarify that he had sought

information as to the implementation of Section 4 (1) (a) amp 4 (1)

(b) of the RTI Act by these public authorities

4 As per Section 4 (1) (a) every public authority shall have

to maintain all its records duly catalogued and indexed in a

manner and the form which facilitates the right to information

under the Act The public authorities are also mandated to

ensure that all records that are appropriate to be computerized

are within the reasonable time and subject to the availability of

resources computerized and connected through a network all

over the country on different systems so that access to such

records is faci litated Thus the complainant had sought

information as to ~

(a) The details of fiies and records which have been

catalogued and indexed in a manner and form which

facilitates pr()i(~iie information

(b) The details of fi klS cmd n~cords which have been digitized

and computerized

5 All these thr- I s~onde nts did not respond to these RTI

applications as per 1middote contents of these applications All the

respondents on th-- iW~t date of hearing sought time to file their

detailed replies 8S 1) the status of implementation of the

obligations of thE ~Vj ~~ Guthorities under Section 4 of the Act

argued 11121 nodal off ers of the~They also depart~lmE (RTe[C~J IOt~ACJD

jS~~ l lMell a~ift L bj~- t

Cgt licLgt ~ bull f bull bull]lf41 ~ JiltlIin 1i1tlQ~ iI ~ fi us~ V tl (1middotmiddot1i 1 ~

_ bull bull c U1poundL t6 tJ ~

- -- -- ---~-~ bull bull P bull bull

middot~-_ ~_bull bull _ _ - __ ~ middot t _ ~--r~ ~- ~I bullbull bullbullbull bull bull

~ ---

i specifically designated to coordinate the implementation of the

provisions of this Section be also called for hearing Through I It subsequent hearings the respondent no1 alongwith the to ~ concerned nodal officer filed his reply stating that at the time of

receipt of the RTI application process of indexing of the files in

all the offices of public authority was not complete because of

shortage of staff However the same has now been done They 1 ~ also placed on record the copies of instructions to all the 1

Superintending Engineers to maintain all the records as per 1~ Section 4 (1) (a) of the RTI Act 2005 Similar replies were filed

by respondent nos 2 amp 3 alongwith the concerned nodal officers

oftheir departrnents

6 It is worthwhile to take note of schematic pattern of the

operationalization of different provisions of the RTI Act Section 1

(3) provides for that the provisions of Sub Section 1 of Section 4

Sub Section 1 and 2 of Sub Section 5 Sections 12 13 15 16

24 27 amp 28 silall come into force at once and the remaining

provisions of this -ct shall come into force on the 120th day of its

enactment ~3 (ct i ons - 5 12 13 15 amp 16 provides for the

appointment cJ PIblic Information Officer and Central amp State

Information (~ ) nlr~issions Sections 24 27 amp 28 provides for

exempted cclteg(rics of organisations from the ambit of this Act

and to rm~k ruies by the appropriate governments and

competent a~ middot -q j i es Section 4 (1) (a) amp (b) provides for certain

obligations ~)f )llbi ltluthorities requiring them to maintain all

their record duly catalogued and indexed in a manner and the

ATurESTED form wh ich faci litates the right to information under this Act and

~ to publish ti le sm18 proactively in respect of different parameters

~slstimiddotli R~g~Strar Iisted in Seetic-n 4 (1) (b) Every public authority was directed to

State Infonnation Comn~point jelt cn ~tei nodal officeYsmiddot to coordinate and ensure Jlp_ Shima -2

implement ~ ~lOr 1 these t)[)i l_jgtt ion s of public authorities All

these sections W8re ~ i rted 10 be operational within 120 days

of the U 18c fxneifl of this Act which is by the 1ih October 2005

~~ t

-1 ( ) L i ~f

- y

--~ff

_l r fF The office recorci of different publiC authorities was supposeo to ~(

be catalogued qnci indexed in a manner which facilitates ~i dissemination of information to information seekers proactively

by every public av ~llOrity Similarly Section 4 (1) (a) also

provides that all l e~~o rds that are appropriate to be computerized

are within a reasonable time and subject to availability of

resources computerized anp connected through a net work all

over the country on diffe rent systems sq that access to such

records is facilitated _

7_ Given th is status of legal pr9vlsions the nodal

departments of the State Govt for implementation of the RTI Act

- Administrative Reforms and Training Department - circulated

oetailed guidelines to every administrative Secretary and Heads

Of Departments to take steps to implement the provisions Of

Section 4 (1) and also issued reminders from time to time to this

effect Instructions to appoint nodal officers by every public

authority to coord ina te the efforts of public authorities to ensure

implementation of U1G provisions of this Section were also issued

but from the perusal of responses given by all the respondents to

the complainant it is observed that compliance of the State Govt

instructions in th is regard has not been done till date It is also

important to take note ()f the fact that the guidelines in the form of

office manual laid dOlin by- the State Govt as to themaintenance

of office records eVE- i prior to tle enactment of the RTI Act has

not been adhered t-) il y these public authorities However the

respondents as Plfgt hiving re fponded to th e RTI applications

of the complainant jt lh n the sir lilated period under Section 7

of the Act and there ~- 1[ i~othil1g on record to indicate that the

respondents intendelj O deprive the complainant of the requisite

information knowing no pensi action under Section 20 of the

Act is ordered against lrltm I the nodal officers of these public

authorities assured ck nng the hearing that all the administrative

~its under the control of these put author ities haATefrESTE[ ~ ~

I~ststan~ R(~~js trar

~~ S1lre kdolmak)fl C-Gampnmis~L shyHPbull Shinila -l -shy

_gt~o-_ raquo bull _ ~ bull ~ _middot middotH- v-~ ~ - - bullbull bull - bull --~ - bull -~ bull bull bull ~

~

~ ~

directed now to comply with the provisions of Section 4 (1)

However the respectlve Nodal Officers must take note of the fact

that provisions of Section 4 were mandated to be implemented

within a period of 120 days after the RTI Act 2005 came into

operation in the year 2005 This has not been done by these

public authorities primarily for the reason that their records I fi les

are not being maintained as per procedure laid down in office

manual From the perusal of a sample record in the office of PIOshy

cum-EXN (BampR) in respect of a particular link road stretch of two

kilometres it was observed that three different sets of files are

being maintained in three different branches Two kilometres

length of road was not complete for last more than 7 years How

this road was proposed for construction was not available in

record This sort of pieparation and maintenance of record is

certainly not in consonance with the spirit of RTI Act 2005 as

enshrined in the preamble of this Act They must consider

opening of subject Wi 8 fiies as provided for in office manual and

one subject should have only one file instead of multiple files

leading to confusicn and non-transparency With these

observations the gt1 npl3 int is hereby disposed of under

intimation to all thE n ~ld ies

Announced

~ cA~ ( KD Batish) (Bhim Sen)

State Information Commit-lt)ner ~ ti Tgt Chief Info rmation Commissioner

Himachal Pradesh Shiml Himacha l Pradesh Shimla

Place Shimla Dated 04062014 Ai) lirff er~T F M

ff1I u~ 7 ~r~~)isrl ~ fPry ___

middot3t 1C-e Ir~hgtlld 2tltH~ Ct[nlr ~(f - 1~

HPbull Shhnhi n A

~0 i

~ shy

shy

Page 3: HPSE~.~!dyut Sh. Subodh Abhi, Sylvan Height Batamandi, Paonta Sahib, Distt. Sirmour HP . Dated: Shimla-171002 ?-g. (;·2014 . I am directed to enclose herewith the certified copy of

----

9S ~ fJ

I

STATE INFORMATION COMMISSION HIMACHAL PRADESH MAJITHA HOUSE SHIMLA-2

bull ~

Date of Institution15062013 Date of Decision04062014

Complaint Nos 0012 001 3 amp 001 412013-2014 --

Complainant Sh Subodh Abhi Sylvan Height Batamandi Paonta Sahib Distt Sirmour-173025

Absent

Versus

Public Information Officer 1 Sh Ajay Garg Nodal Officer-cumshySE (Works) HPPWD Nirman Bhawan Shimla

Responden~1 PresenL

2 Executive Engineer (BampR) PWD Paonta Division Distt Sirmour (HP)

Respondent-II Present

l Executive Engineer HPSEB Ltd idyut Bhawan Kumar Hous~ Shiin la-4

Respondent-III Present

ORDER

The complainant filed three complaints registered in the

Commission as clmdaint Nos C-0012 C-0013 amp C-0014 All

these complaints 8 i8 directed against dffferent PIOs but are

related to the sam~ Si ()jgtct matter 0( lbrmation regarding non

implementation of p~__Yisons gt tion 4 of the RTI Act Hence

all these cornoClt__ -Ii8 taken up together for enqUiryA1~[~ ~~ ~

~~ c-~~ jSlS~~ 1 jt l~f~li-s~rar 12ilate l~lfi)rn~I ~i ~ middoti1 middotOlL1U

- -~bull--- _-_- -- bull -

Section 18 Of the HTI Act 2005 and are being disposed of

through this sinJe order

2 The complainant hied three RTI applications in the first

week of Apri l 2013 addressed to three different PIOs namely

PIO in the office of Secretary (PWO) to the Govt of Himachal

Pradesh who transferred the application to the plo in the office

of Engineer in Chief PWO PIO office of the Chief Engineer

(MM) HPSEB Ltd Kumar House Vidyut Bhawan Shimla and

the PIO-cum-Executive Engineer PWD (BampR) Division Paonta

Sahib Distt Sirmour The contents of all these applications are

the same and are reproduced from one of the applications as

belowshy

Please provide details of files and records which have

been dig itized and computerized by your department as

mandated in ~edion 4 (1) (a) of RTI Act which requires every

public au thority to maintain all its records duly catalogued and

indexed in a manner and form which facilitate proactive

information under this Act

A ~~um of Flts1 0- in the form of Postal order alongwith the

prescribed form for obtaining the information under the Right to

Informatkn Act is enclosed

3 Tgt~middot ~ospodent nos 2 amp 3 responded to these

appllcampj i(~is of the applicant by way of intimating him that no files

and r middot(y-middotb helie been digitized and computerized as per

Sectl-middotmiddot lt of the HTJ Act 2005 The respondent no1 however

respo nmiddot(j by way of providing information consisting of four

pap~~ ij rparHy re lated to certain Acts and departmental circularseL llavinq br 1 uploaded on the departmental website Being

dipoundsi~ middotf ed with the ~5 pmiddotJI) ses of the respondents complainant~ app IT)~ ched the Commission to enquire into non implementation1 ( ~

of the previsions of Section 4 by the respective public authorities

I middot -

e middotjer lt-liter the lapse of seven years since when RTI Act came

i )

~ ~- ()h~~---

1 Jgt

( into operation RTI applications enclosed with the complaints

were not specific in their contents as to what information was

sOlJght from the respondents in terms of the definition of

expression information given in Section 2 (f) of the RTI Act

2005 But thro gh rhe additional submissions made by him

during the enquiry he sought to clarify that he had sought

information as to the implementation of Section 4 (1) (a) amp 4 (1)

(b) of the RTI Act by these public authorities

4 As per Section 4 (1) (a) every public authority shall have

to maintain all its records duly catalogued and indexed in a

manner and the form which facilitates the right to information

under the Act The public authorities are also mandated to

ensure that all records that are appropriate to be computerized

are within the reasonable time and subject to the availability of

resources computerized and connected through a network all

over the country on different systems so that access to such

records is faci litated Thus the complainant had sought

information as to ~

(a) The details of fiies and records which have been

catalogued and indexed in a manner and form which

facilitates pr()i(~iie information

(b) The details of fi klS cmd n~cords which have been digitized

and computerized

5 All these thr- I s~onde nts did not respond to these RTI

applications as per 1middote contents of these applications All the

respondents on th-- iW~t date of hearing sought time to file their

detailed replies 8S 1) the status of implementation of the

obligations of thE ~Vj ~~ Guthorities under Section 4 of the Act

argued 11121 nodal off ers of the~They also depart~lmE (RTe[C~J IOt~ACJD

jS~~ l lMell a~ift L bj~- t

Cgt licLgt ~ bull f bull bull]lf41 ~ JiltlIin 1i1tlQ~ iI ~ fi us~ V tl (1middotmiddot1i 1 ~

_ bull bull c U1poundL t6 tJ ~

- -- -- ---~-~ bull bull P bull bull

middot~-_ ~_bull bull _ _ - __ ~ middot t _ ~--r~ ~- ~I bullbull bullbullbull bull bull

~ ---

i specifically designated to coordinate the implementation of the

provisions of this Section be also called for hearing Through I It subsequent hearings the respondent no1 alongwith the to ~ concerned nodal officer filed his reply stating that at the time of

receipt of the RTI application process of indexing of the files in

all the offices of public authority was not complete because of

shortage of staff However the same has now been done They 1 ~ also placed on record the copies of instructions to all the 1

Superintending Engineers to maintain all the records as per 1~ Section 4 (1) (a) of the RTI Act 2005 Similar replies were filed

by respondent nos 2 amp 3 alongwith the concerned nodal officers

oftheir departrnents

6 It is worthwhile to take note of schematic pattern of the

operationalization of different provisions of the RTI Act Section 1

(3) provides for that the provisions of Sub Section 1 of Section 4

Sub Section 1 and 2 of Sub Section 5 Sections 12 13 15 16

24 27 amp 28 silall come into force at once and the remaining

provisions of this -ct shall come into force on the 120th day of its

enactment ~3 (ct i ons - 5 12 13 15 amp 16 provides for the

appointment cJ PIblic Information Officer and Central amp State

Information (~ ) nlr~issions Sections 24 27 amp 28 provides for

exempted cclteg(rics of organisations from the ambit of this Act

and to rm~k ruies by the appropriate governments and

competent a~ middot -q j i es Section 4 (1) (a) amp (b) provides for certain

obligations ~)f )llbi ltluthorities requiring them to maintain all

their record duly catalogued and indexed in a manner and the

ATurESTED form wh ich faci litates the right to information under this Act and

~ to publish ti le sm18 proactively in respect of different parameters

~slstimiddotli R~g~Strar Iisted in Seetic-n 4 (1) (b) Every public authority was directed to

State Infonnation Comn~point jelt cn ~tei nodal officeYsmiddot to coordinate and ensure Jlp_ Shima -2

implement ~ ~lOr 1 these t)[)i l_jgtt ion s of public authorities All

these sections W8re ~ i rted 10 be operational within 120 days

of the U 18c fxneifl of this Act which is by the 1ih October 2005

~~ t

-1 ( ) L i ~f

- y

--~ff

_l r fF The office recorci of different publiC authorities was supposeo to ~(

be catalogued qnci indexed in a manner which facilitates ~i dissemination of information to information seekers proactively

by every public av ~llOrity Similarly Section 4 (1) (a) also

provides that all l e~~o rds that are appropriate to be computerized

are within a reasonable time and subject to availability of

resources computerized anp connected through a net work all

over the country on diffe rent systems sq that access to such

records is facilitated _

7_ Given th is status of legal pr9vlsions the nodal

departments of the State Govt for implementation of the RTI Act

- Administrative Reforms and Training Department - circulated

oetailed guidelines to every administrative Secretary and Heads

Of Departments to take steps to implement the provisions Of

Section 4 (1) and also issued reminders from time to time to this

effect Instructions to appoint nodal officers by every public

authority to coord ina te the efforts of public authorities to ensure

implementation of U1G provisions of this Section were also issued

but from the perusal of responses given by all the respondents to

the complainant it is observed that compliance of the State Govt

instructions in th is regard has not been done till date It is also

important to take note ()f the fact that the guidelines in the form of

office manual laid dOlin by- the State Govt as to themaintenance

of office records eVE- i prior to tle enactment of the RTI Act has

not been adhered t-) il y these public authorities However the

respondents as Plfgt hiving re fponded to th e RTI applications

of the complainant jt lh n the sir lilated period under Section 7

of the Act and there ~- 1[ i~othil1g on record to indicate that the

respondents intendelj O deprive the complainant of the requisite

information knowing no pensi action under Section 20 of the

Act is ordered against lrltm I the nodal officers of these public

authorities assured ck nng the hearing that all the administrative

~its under the control of these put author ities haATefrESTE[ ~ ~

I~ststan~ R(~~js trar

~~ S1lre kdolmak)fl C-Gampnmis~L shyHPbull Shinila -l -shy

_gt~o-_ raquo bull _ ~ bull ~ _middot middotH- v-~ ~ - - bullbull bull - bull --~ - bull -~ bull bull bull ~

~

~ ~

directed now to comply with the provisions of Section 4 (1)

However the respectlve Nodal Officers must take note of the fact

that provisions of Section 4 were mandated to be implemented

within a period of 120 days after the RTI Act 2005 came into

operation in the year 2005 This has not been done by these

public authorities primarily for the reason that their records I fi les

are not being maintained as per procedure laid down in office

manual From the perusal of a sample record in the office of PIOshy

cum-EXN (BampR) in respect of a particular link road stretch of two

kilometres it was observed that three different sets of files are

being maintained in three different branches Two kilometres

length of road was not complete for last more than 7 years How

this road was proposed for construction was not available in

record This sort of pieparation and maintenance of record is

certainly not in consonance with the spirit of RTI Act 2005 as

enshrined in the preamble of this Act They must consider

opening of subject Wi 8 fiies as provided for in office manual and

one subject should have only one file instead of multiple files

leading to confusicn and non-transparency With these

observations the gt1 npl3 int is hereby disposed of under

intimation to all thE n ~ld ies

Announced

~ cA~ ( KD Batish) (Bhim Sen)

State Information Commit-lt)ner ~ ti Tgt Chief Info rmation Commissioner

Himachal Pradesh Shiml Himacha l Pradesh Shimla

Place Shimla Dated 04062014 Ai) lirff er~T F M

ff1I u~ 7 ~r~~)isrl ~ fPry ___

middot3t 1C-e Ir~hgtlld 2tltH~ Ct[nlr ~(f - 1~

HPbull Shhnhi n A

~0 i

~ shy

shy

Page 4: HPSE~.~!dyut Sh. Subodh Abhi, Sylvan Height Batamandi, Paonta Sahib, Distt. Sirmour HP . Dated: Shimla-171002 ?-g. (;·2014 . I am directed to enclose herewith the certified copy of

- -~bull--- _-_- -- bull -

Section 18 Of the HTI Act 2005 and are being disposed of

through this sinJe order

2 The complainant hied three RTI applications in the first

week of Apri l 2013 addressed to three different PIOs namely

PIO in the office of Secretary (PWO) to the Govt of Himachal

Pradesh who transferred the application to the plo in the office

of Engineer in Chief PWO PIO office of the Chief Engineer

(MM) HPSEB Ltd Kumar House Vidyut Bhawan Shimla and

the PIO-cum-Executive Engineer PWD (BampR) Division Paonta

Sahib Distt Sirmour The contents of all these applications are

the same and are reproduced from one of the applications as

belowshy

Please provide details of files and records which have

been dig itized and computerized by your department as

mandated in ~edion 4 (1) (a) of RTI Act which requires every

public au thority to maintain all its records duly catalogued and

indexed in a manner and form which facilitate proactive

information under this Act

A ~~um of Flts1 0- in the form of Postal order alongwith the

prescribed form for obtaining the information under the Right to

Informatkn Act is enclosed

3 Tgt~middot ~ospodent nos 2 amp 3 responded to these

appllcampj i(~is of the applicant by way of intimating him that no files

and r middot(y-middotb helie been digitized and computerized as per

Sectl-middotmiddot lt of the HTJ Act 2005 The respondent no1 however

respo nmiddot(j by way of providing information consisting of four

pap~~ ij rparHy re lated to certain Acts and departmental circularseL llavinq br 1 uploaded on the departmental website Being

dipoundsi~ middotf ed with the ~5 pmiddotJI) ses of the respondents complainant~ app IT)~ ched the Commission to enquire into non implementation1 ( ~

of the previsions of Section 4 by the respective public authorities

I middot -

e middotjer lt-liter the lapse of seven years since when RTI Act came

i )

~ ~- ()h~~---

1 Jgt

( into operation RTI applications enclosed with the complaints

were not specific in their contents as to what information was

sOlJght from the respondents in terms of the definition of

expression information given in Section 2 (f) of the RTI Act

2005 But thro gh rhe additional submissions made by him

during the enquiry he sought to clarify that he had sought

information as to the implementation of Section 4 (1) (a) amp 4 (1)

(b) of the RTI Act by these public authorities

4 As per Section 4 (1) (a) every public authority shall have

to maintain all its records duly catalogued and indexed in a

manner and the form which facilitates the right to information

under the Act The public authorities are also mandated to

ensure that all records that are appropriate to be computerized

are within the reasonable time and subject to the availability of

resources computerized and connected through a network all

over the country on different systems so that access to such

records is faci litated Thus the complainant had sought

information as to ~

(a) The details of fiies and records which have been

catalogued and indexed in a manner and form which

facilitates pr()i(~iie information

(b) The details of fi klS cmd n~cords which have been digitized

and computerized

5 All these thr- I s~onde nts did not respond to these RTI

applications as per 1middote contents of these applications All the

respondents on th-- iW~t date of hearing sought time to file their

detailed replies 8S 1) the status of implementation of the

obligations of thE ~Vj ~~ Guthorities under Section 4 of the Act

argued 11121 nodal off ers of the~They also depart~lmE (RTe[C~J IOt~ACJD

jS~~ l lMell a~ift L bj~- t

Cgt licLgt ~ bull f bull bull]lf41 ~ JiltlIin 1i1tlQ~ iI ~ fi us~ V tl (1middotmiddot1i 1 ~

_ bull bull c U1poundL t6 tJ ~

- -- -- ---~-~ bull bull P bull bull

middot~-_ ~_bull bull _ _ - __ ~ middot t _ ~--r~ ~- ~I bullbull bullbullbull bull bull

~ ---

i specifically designated to coordinate the implementation of the

provisions of this Section be also called for hearing Through I It subsequent hearings the respondent no1 alongwith the to ~ concerned nodal officer filed his reply stating that at the time of

receipt of the RTI application process of indexing of the files in

all the offices of public authority was not complete because of

shortage of staff However the same has now been done They 1 ~ also placed on record the copies of instructions to all the 1

Superintending Engineers to maintain all the records as per 1~ Section 4 (1) (a) of the RTI Act 2005 Similar replies were filed

by respondent nos 2 amp 3 alongwith the concerned nodal officers

oftheir departrnents

6 It is worthwhile to take note of schematic pattern of the

operationalization of different provisions of the RTI Act Section 1

(3) provides for that the provisions of Sub Section 1 of Section 4

Sub Section 1 and 2 of Sub Section 5 Sections 12 13 15 16

24 27 amp 28 silall come into force at once and the remaining

provisions of this -ct shall come into force on the 120th day of its

enactment ~3 (ct i ons - 5 12 13 15 amp 16 provides for the

appointment cJ PIblic Information Officer and Central amp State

Information (~ ) nlr~issions Sections 24 27 amp 28 provides for

exempted cclteg(rics of organisations from the ambit of this Act

and to rm~k ruies by the appropriate governments and

competent a~ middot -q j i es Section 4 (1) (a) amp (b) provides for certain

obligations ~)f )llbi ltluthorities requiring them to maintain all

their record duly catalogued and indexed in a manner and the

ATurESTED form wh ich faci litates the right to information under this Act and

~ to publish ti le sm18 proactively in respect of different parameters

~slstimiddotli R~g~Strar Iisted in Seetic-n 4 (1) (b) Every public authority was directed to

State Infonnation Comn~point jelt cn ~tei nodal officeYsmiddot to coordinate and ensure Jlp_ Shima -2

implement ~ ~lOr 1 these t)[)i l_jgtt ion s of public authorities All

these sections W8re ~ i rted 10 be operational within 120 days

of the U 18c fxneifl of this Act which is by the 1ih October 2005

~~ t

-1 ( ) L i ~f

- y

--~ff

_l r fF The office recorci of different publiC authorities was supposeo to ~(

be catalogued qnci indexed in a manner which facilitates ~i dissemination of information to information seekers proactively

by every public av ~llOrity Similarly Section 4 (1) (a) also

provides that all l e~~o rds that are appropriate to be computerized

are within a reasonable time and subject to availability of

resources computerized anp connected through a net work all

over the country on diffe rent systems sq that access to such

records is facilitated _

7_ Given th is status of legal pr9vlsions the nodal

departments of the State Govt for implementation of the RTI Act

- Administrative Reforms and Training Department - circulated

oetailed guidelines to every administrative Secretary and Heads

Of Departments to take steps to implement the provisions Of

Section 4 (1) and also issued reminders from time to time to this

effect Instructions to appoint nodal officers by every public

authority to coord ina te the efforts of public authorities to ensure

implementation of U1G provisions of this Section were also issued

but from the perusal of responses given by all the respondents to

the complainant it is observed that compliance of the State Govt

instructions in th is regard has not been done till date It is also

important to take note ()f the fact that the guidelines in the form of

office manual laid dOlin by- the State Govt as to themaintenance

of office records eVE- i prior to tle enactment of the RTI Act has

not been adhered t-) il y these public authorities However the

respondents as Plfgt hiving re fponded to th e RTI applications

of the complainant jt lh n the sir lilated period under Section 7

of the Act and there ~- 1[ i~othil1g on record to indicate that the

respondents intendelj O deprive the complainant of the requisite

information knowing no pensi action under Section 20 of the

Act is ordered against lrltm I the nodal officers of these public

authorities assured ck nng the hearing that all the administrative

~its under the control of these put author ities haATefrESTE[ ~ ~

I~ststan~ R(~~js trar

~~ S1lre kdolmak)fl C-Gampnmis~L shyHPbull Shinila -l -shy

_gt~o-_ raquo bull _ ~ bull ~ _middot middotH- v-~ ~ - - bullbull bull - bull --~ - bull -~ bull bull bull ~

~

~ ~

directed now to comply with the provisions of Section 4 (1)

However the respectlve Nodal Officers must take note of the fact

that provisions of Section 4 were mandated to be implemented

within a period of 120 days after the RTI Act 2005 came into

operation in the year 2005 This has not been done by these

public authorities primarily for the reason that their records I fi les

are not being maintained as per procedure laid down in office

manual From the perusal of a sample record in the office of PIOshy

cum-EXN (BampR) in respect of a particular link road stretch of two

kilometres it was observed that three different sets of files are

being maintained in three different branches Two kilometres

length of road was not complete for last more than 7 years How

this road was proposed for construction was not available in

record This sort of pieparation and maintenance of record is

certainly not in consonance with the spirit of RTI Act 2005 as

enshrined in the preamble of this Act They must consider

opening of subject Wi 8 fiies as provided for in office manual and

one subject should have only one file instead of multiple files

leading to confusicn and non-transparency With these

observations the gt1 npl3 int is hereby disposed of under

intimation to all thE n ~ld ies

Announced

~ cA~ ( KD Batish) (Bhim Sen)

State Information Commit-lt)ner ~ ti Tgt Chief Info rmation Commissioner

Himachal Pradesh Shiml Himacha l Pradesh Shimla

Place Shimla Dated 04062014 Ai) lirff er~T F M

ff1I u~ 7 ~r~~)isrl ~ fPry ___

middot3t 1C-e Ir~hgtlld 2tltH~ Ct[nlr ~(f - 1~

HPbull Shhnhi n A

~0 i

~ shy

shy

Page 5: HPSE~.~!dyut Sh. Subodh Abhi, Sylvan Height Batamandi, Paonta Sahib, Distt. Sirmour HP . Dated: Shimla-171002 ?-g. (;·2014 . I am directed to enclose herewith the certified copy of

1 Jgt

( into operation RTI applications enclosed with the complaints

were not specific in their contents as to what information was

sOlJght from the respondents in terms of the definition of

expression information given in Section 2 (f) of the RTI Act

2005 But thro gh rhe additional submissions made by him

during the enquiry he sought to clarify that he had sought

information as to the implementation of Section 4 (1) (a) amp 4 (1)

(b) of the RTI Act by these public authorities

4 As per Section 4 (1) (a) every public authority shall have

to maintain all its records duly catalogued and indexed in a

manner and the form which facilitates the right to information

under the Act The public authorities are also mandated to

ensure that all records that are appropriate to be computerized

are within the reasonable time and subject to the availability of

resources computerized and connected through a network all

over the country on different systems so that access to such

records is faci litated Thus the complainant had sought

information as to ~

(a) The details of fiies and records which have been

catalogued and indexed in a manner and form which

facilitates pr()i(~iie information

(b) The details of fi klS cmd n~cords which have been digitized

and computerized

5 All these thr- I s~onde nts did not respond to these RTI

applications as per 1middote contents of these applications All the

respondents on th-- iW~t date of hearing sought time to file their

detailed replies 8S 1) the status of implementation of the

obligations of thE ~Vj ~~ Guthorities under Section 4 of the Act

argued 11121 nodal off ers of the~They also depart~lmE (RTe[C~J IOt~ACJD

jS~~ l lMell a~ift L bj~- t

Cgt licLgt ~ bull f bull bull]lf41 ~ JiltlIin 1i1tlQ~ iI ~ fi us~ V tl (1middotmiddot1i 1 ~

_ bull bull c U1poundL t6 tJ ~

- -- -- ---~-~ bull bull P bull bull

middot~-_ ~_bull bull _ _ - __ ~ middot t _ ~--r~ ~- ~I bullbull bullbullbull bull bull

~ ---

i specifically designated to coordinate the implementation of the

provisions of this Section be also called for hearing Through I It subsequent hearings the respondent no1 alongwith the to ~ concerned nodal officer filed his reply stating that at the time of

receipt of the RTI application process of indexing of the files in

all the offices of public authority was not complete because of

shortage of staff However the same has now been done They 1 ~ also placed on record the copies of instructions to all the 1

Superintending Engineers to maintain all the records as per 1~ Section 4 (1) (a) of the RTI Act 2005 Similar replies were filed

by respondent nos 2 amp 3 alongwith the concerned nodal officers

oftheir departrnents

6 It is worthwhile to take note of schematic pattern of the

operationalization of different provisions of the RTI Act Section 1

(3) provides for that the provisions of Sub Section 1 of Section 4

Sub Section 1 and 2 of Sub Section 5 Sections 12 13 15 16

24 27 amp 28 silall come into force at once and the remaining

provisions of this -ct shall come into force on the 120th day of its

enactment ~3 (ct i ons - 5 12 13 15 amp 16 provides for the

appointment cJ PIblic Information Officer and Central amp State

Information (~ ) nlr~issions Sections 24 27 amp 28 provides for

exempted cclteg(rics of organisations from the ambit of this Act

and to rm~k ruies by the appropriate governments and

competent a~ middot -q j i es Section 4 (1) (a) amp (b) provides for certain

obligations ~)f )llbi ltluthorities requiring them to maintain all

their record duly catalogued and indexed in a manner and the

ATurESTED form wh ich faci litates the right to information under this Act and

~ to publish ti le sm18 proactively in respect of different parameters

~slstimiddotli R~g~Strar Iisted in Seetic-n 4 (1) (b) Every public authority was directed to

State Infonnation Comn~point jelt cn ~tei nodal officeYsmiddot to coordinate and ensure Jlp_ Shima -2

implement ~ ~lOr 1 these t)[)i l_jgtt ion s of public authorities All

these sections W8re ~ i rted 10 be operational within 120 days

of the U 18c fxneifl of this Act which is by the 1ih October 2005

~~ t

-1 ( ) L i ~f

- y

--~ff

_l r fF The office recorci of different publiC authorities was supposeo to ~(

be catalogued qnci indexed in a manner which facilitates ~i dissemination of information to information seekers proactively

by every public av ~llOrity Similarly Section 4 (1) (a) also

provides that all l e~~o rds that are appropriate to be computerized

are within a reasonable time and subject to availability of

resources computerized anp connected through a net work all

over the country on diffe rent systems sq that access to such

records is facilitated _

7_ Given th is status of legal pr9vlsions the nodal

departments of the State Govt for implementation of the RTI Act

- Administrative Reforms and Training Department - circulated

oetailed guidelines to every administrative Secretary and Heads

Of Departments to take steps to implement the provisions Of

Section 4 (1) and also issued reminders from time to time to this

effect Instructions to appoint nodal officers by every public

authority to coord ina te the efforts of public authorities to ensure

implementation of U1G provisions of this Section were also issued

but from the perusal of responses given by all the respondents to

the complainant it is observed that compliance of the State Govt

instructions in th is regard has not been done till date It is also

important to take note ()f the fact that the guidelines in the form of

office manual laid dOlin by- the State Govt as to themaintenance

of office records eVE- i prior to tle enactment of the RTI Act has

not been adhered t-) il y these public authorities However the

respondents as Plfgt hiving re fponded to th e RTI applications

of the complainant jt lh n the sir lilated period under Section 7

of the Act and there ~- 1[ i~othil1g on record to indicate that the

respondents intendelj O deprive the complainant of the requisite

information knowing no pensi action under Section 20 of the

Act is ordered against lrltm I the nodal officers of these public

authorities assured ck nng the hearing that all the administrative

~its under the control of these put author ities haATefrESTE[ ~ ~

I~ststan~ R(~~js trar

~~ S1lre kdolmak)fl C-Gampnmis~L shyHPbull Shinila -l -shy

_gt~o-_ raquo bull _ ~ bull ~ _middot middotH- v-~ ~ - - bullbull bull - bull --~ - bull -~ bull bull bull ~

~

~ ~

directed now to comply with the provisions of Section 4 (1)

However the respectlve Nodal Officers must take note of the fact

that provisions of Section 4 were mandated to be implemented

within a period of 120 days after the RTI Act 2005 came into

operation in the year 2005 This has not been done by these

public authorities primarily for the reason that their records I fi les

are not being maintained as per procedure laid down in office

manual From the perusal of a sample record in the office of PIOshy

cum-EXN (BampR) in respect of a particular link road stretch of two

kilometres it was observed that three different sets of files are

being maintained in three different branches Two kilometres

length of road was not complete for last more than 7 years How

this road was proposed for construction was not available in

record This sort of pieparation and maintenance of record is

certainly not in consonance with the spirit of RTI Act 2005 as

enshrined in the preamble of this Act They must consider

opening of subject Wi 8 fiies as provided for in office manual and

one subject should have only one file instead of multiple files

leading to confusicn and non-transparency With these

observations the gt1 npl3 int is hereby disposed of under

intimation to all thE n ~ld ies

Announced

~ cA~ ( KD Batish) (Bhim Sen)

State Information Commit-lt)ner ~ ti Tgt Chief Info rmation Commissioner

Himachal Pradesh Shiml Himacha l Pradesh Shimla

Place Shimla Dated 04062014 Ai) lirff er~T F M

ff1I u~ 7 ~r~~)isrl ~ fPry ___

middot3t 1C-e Ir~hgtlld 2tltH~ Ct[nlr ~(f - 1~

HPbull Shhnhi n A

~0 i

~ shy

shy

Page 6: HPSE~.~!dyut Sh. Subodh Abhi, Sylvan Height Batamandi, Paonta Sahib, Distt. Sirmour HP . Dated: Shimla-171002 ?-g. (;·2014 . I am directed to enclose herewith the certified copy of

middot~-_ ~_bull bull _ _ - __ ~ middot t _ ~--r~ ~- ~I bullbull bullbullbull bull bull

~ ---

i specifically designated to coordinate the implementation of the

provisions of this Section be also called for hearing Through I It subsequent hearings the respondent no1 alongwith the to ~ concerned nodal officer filed his reply stating that at the time of

receipt of the RTI application process of indexing of the files in

all the offices of public authority was not complete because of

shortage of staff However the same has now been done They 1 ~ also placed on record the copies of instructions to all the 1

Superintending Engineers to maintain all the records as per 1~ Section 4 (1) (a) of the RTI Act 2005 Similar replies were filed

by respondent nos 2 amp 3 alongwith the concerned nodal officers

oftheir departrnents

6 It is worthwhile to take note of schematic pattern of the

operationalization of different provisions of the RTI Act Section 1

(3) provides for that the provisions of Sub Section 1 of Section 4

Sub Section 1 and 2 of Sub Section 5 Sections 12 13 15 16

24 27 amp 28 silall come into force at once and the remaining

provisions of this -ct shall come into force on the 120th day of its

enactment ~3 (ct i ons - 5 12 13 15 amp 16 provides for the

appointment cJ PIblic Information Officer and Central amp State

Information (~ ) nlr~issions Sections 24 27 amp 28 provides for

exempted cclteg(rics of organisations from the ambit of this Act

and to rm~k ruies by the appropriate governments and

competent a~ middot -q j i es Section 4 (1) (a) amp (b) provides for certain

obligations ~)f )llbi ltluthorities requiring them to maintain all

their record duly catalogued and indexed in a manner and the

ATurESTED form wh ich faci litates the right to information under this Act and

~ to publish ti le sm18 proactively in respect of different parameters

~slstimiddotli R~g~Strar Iisted in Seetic-n 4 (1) (b) Every public authority was directed to

State Infonnation Comn~point jelt cn ~tei nodal officeYsmiddot to coordinate and ensure Jlp_ Shima -2

implement ~ ~lOr 1 these t)[)i l_jgtt ion s of public authorities All

these sections W8re ~ i rted 10 be operational within 120 days

of the U 18c fxneifl of this Act which is by the 1ih October 2005

~~ t

-1 ( ) L i ~f

- y

--~ff

_l r fF The office recorci of different publiC authorities was supposeo to ~(

be catalogued qnci indexed in a manner which facilitates ~i dissemination of information to information seekers proactively

by every public av ~llOrity Similarly Section 4 (1) (a) also

provides that all l e~~o rds that are appropriate to be computerized

are within a reasonable time and subject to availability of

resources computerized anp connected through a net work all

over the country on diffe rent systems sq that access to such

records is facilitated _

7_ Given th is status of legal pr9vlsions the nodal

departments of the State Govt for implementation of the RTI Act

- Administrative Reforms and Training Department - circulated

oetailed guidelines to every administrative Secretary and Heads

Of Departments to take steps to implement the provisions Of

Section 4 (1) and also issued reminders from time to time to this

effect Instructions to appoint nodal officers by every public

authority to coord ina te the efforts of public authorities to ensure

implementation of U1G provisions of this Section were also issued

but from the perusal of responses given by all the respondents to

the complainant it is observed that compliance of the State Govt

instructions in th is regard has not been done till date It is also

important to take note ()f the fact that the guidelines in the form of

office manual laid dOlin by- the State Govt as to themaintenance

of office records eVE- i prior to tle enactment of the RTI Act has

not been adhered t-) il y these public authorities However the

respondents as Plfgt hiving re fponded to th e RTI applications

of the complainant jt lh n the sir lilated period under Section 7

of the Act and there ~- 1[ i~othil1g on record to indicate that the

respondents intendelj O deprive the complainant of the requisite

information knowing no pensi action under Section 20 of the

Act is ordered against lrltm I the nodal officers of these public

authorities assured ck nng the hearing that all the administrative

~its under the control of these put author ities haATefrESTE[ ~ ~

I~ststan~ R(~~js trar

~~ S1lre kdolmak)fl C-Gampnmis~L shyHPbull Shinila -l -shy

_gt~o-_ raquo bull _ ~ bull ~ _middot middotH- v-~ ~ - - bullbull bull - bull --~ - bull -~ bull bull bull ~

~

~ ~

directed now to comply with the provisions of Section 4 (1)

However the respectlve Nodal Officers must take note of the fact

that provisions of Section 4 were mandated to be implemented

within a period of 120 days after the RTI Act 2005 came into

operation in the year 2005 This has not been done by these

public authorities primarily for the reason that their records I fi les

are not being maintained as per procedure laid down in office

manual From the perusal of a sample record in the office of PIOshy

cum-EXN (BampR) in respect of a particular link road stretch of two

kilometres it was observed that three different sets of files are

being maintained in three different branches Two kilometres

length of road was not complete for last more than 7 years How

this road was proposed for construction was not available in

record This sort of pieparation and maintenance of record is

certainly not in consonance with the spirit of RTI Act 2005 as

enshrined in the preamble of this Act They must consider

opening of subject Wi 8 fiies as provided for in office manual and

one subject should have only one file instead of multiple files

leading to confusicn and non-transparency With these

observations the gt1 npl3 int is hereby disposed of under

intimation to all thE n ~ld ies

Announced

~ cA~ ( KD Batish) (Bhim Sen)

State Information Commit-lt)ner ~ ti Tgt Chief Info rmation Commissioner

Himachal Pradesh Shiml Himacha l Pradesh Shimla

Place Shimla Dated 04062014 Ai) lirff er~T F M

ff1I u~ 7 ~r~~)isrl ~ fPry ___

middot3t 1C-e Ir~hgtlld 2tltH~ Ct[nlr ~(f - 1~

HPbull Shhnhi n A

~0 i

~ shy

shy

Page 7: HPSE~.~!dyut Sh. Subodh Abhi, Sylvan Height Batamandi, Paonta Sahib, Distt. Sirmour HP . Dated: Shimla-171002 ?-g. (;·2014 . I am directed to enclose herewith the certified copy of

--~ff

_l r fF The office recorci of different publiC authorities was supposeo to ~(

be catalogued qnci indexed in a manner which facilitates ~i dissemination of information to information seekers proactively

by every public av ~llOrity Similarly Section 4 (1) (a) also

provides that all l e~~o rds that are appropriate to be computerized

are within a reasonable time and subject to availability of

resources computerized anp connected through a net work all

over the country on diffe rent systems sq that access to such

records is facilitated _

7_ Given th is status of legal pr9vlsions the nodal

departments of the State Govt for implementation of the RTI Act

- Administrative Reforms and Training Department - circulated

oetailed guidelines to every administrative Secretary and Heads

Of Departments to take steps to implement the provisions Of

Section 4 (1) and also issued reminders from time to time to this

effect Instructions to appoint nodal officers by every public

authority to coord ina te the efforts of public authorities to ensure

implementation of U1G provisions of this Section were also issued

but from the perusal of responses given by all the respondents to

the complainant it is observed that compliance of the State Govt

instructions in th is regard has not been done till date It is also

important to take note ()f the fact that the guidelines in the form of

office manual laid dOlin by- the State Govt as to themaintenance

of office records eVE- i prior to tle enactment of the RTI Act has

not been adhered t-) il y these public authorities However the

respondents as Plfgt hiving re fponded to th e RTI applications

of the complainant jt lh n the sir lilated period under Section 7

of the Act and there ~- 1[ i~othil1g on record to indicate that the

respondents intendelj O deprive the complainant of the requisite

information knowing no pensi action under Section 20 of the

Act is ordered against lrltm I the nodal officers of these public

authorities assured ck nng the hearing that all the administrative

~its under the control of these put author ities haATefrESTE[ ~ ~

I~ststan~ R(~~js trar

~~ S1lre kdolmak)fl C-Gampnmis~L shyHPbull Shinila -l -shy

_gt~o-_ raquo bull _ ~ bull ~ _middot middotH- v-~ ~ - - bullbull bull - bull --~ - bull -~ bull bull bull ~

~

~ ~

directed now to comply with the provisions of Section 4 (1)

However the respectlve Nodal Officers must take note of the fact

that provisions of Section 4 were mandated to be implemented

within a period of 120 days after the RTI Act 2005 came into

operation in the year 2005 This has not been done by these

public authorities primarily for the reason that their records I fi les

are not being maintained as per procedure laid down in office

manual From the perusal of a sample record in the office of PIOshy

cum-EXN (BampR) in respect of a particular link road stretch of two

kilometres it was observed that three different sets of files are

being maintained in three different branches Two kilometres

length of road was not complete for last more than 7 years How

this road was proposed for construction was not available in

record This sort of pieparation and maintenance of record is

certainly not in consonance with the spirit of RTI Act 2005 as

enshrined in the preamble of this Act They must consider

opening of subject Wi 8 fiies as provided for in office manual and

one subject should have only one file instead of multiple files

leading to confusicn and non-transparency With these

observations the gt1 npl3 int is hereby disposed of under

intimation to all thE n ~ld ies

Announced

~ cA~ ( KD Batish) (Bhim Sen)

State Information Commit-lt)ner ~ ti Tgt Chief Info rmation Commissioner

Himachal Pradesh Shiml Himacha l Pradesh Shimla

Place Shimla Dated 04062014 Ai) lirff er~T F M

ff1I u~ 7 ~r~~)isrl ~ fPry ___

middot3t 1C-e Ir~hgtlld 2tltH~ Ct[nlr ~(f - 1~

HPbull Shhnhi n A

~0 i

~ shy

shy

Page 8: HPSE~.~!dyut Sh. Subodh Abhi, Sylvan Height Batamandi, Paonta Sahib, Distt. Sirmour HP . Dated: Shimla-171002 ?-g. (;·2014 . I am directed to enclose herewith the certified copy of

_gt~o-_ raquo bull _ ~ bull ~ _middot middotH- v-~ ~ - - bullbull bull - bull --~ - bull -~ bull bull bull ~

~

~ ~

directed now to comply with the provisions of Section 4 (1)

However the respectlve Nodal Officers must take note of the fact

that provisions of Section 4 were mandated to be implemented

within a period of 120 days after the RTI Act 2005 came into

operation in the year 2005 This has not been done by these

public authorities primarily for the reason that their records I fi les

are not being maintained as per procedure laid down in office

manual From the perusal of a sample record in the office of PIOshy

cum-EXN (BampR) in respect of a particular link road stretch of two

kilometres it was observed that three different sets of files are

being maintained in three different branches Two kilometres

length of road was not complete for last more than 7 years How

this road was proposed for construction was not available in

record This sort of pieparation and maintenance of record is

certainly not in consonance with the spirit of RTI Act 2005 as

enshrined in the preamble of this Act They must consider

opening of subject Wi 8 fiies as provided for in office manual and

one subject should have only one file instead of multiple files

leading to confusicn and non-transparency With these

observations the gt1 npl3 int is hereby disposed of under

intimation to all thE n ~ld ies

Announced

~ cA~ ( KD Batish) (Bhim Sen)

State Information Commit-lt)ner ~ ti Tgt Chief Info rmation Commissioner

Himachal Pradesh Shiml Himacha l Pradesh Shimla

Place Shimla Dated 04062014 Ai) lirff er~T F M

ff1I u~ 7 ~r~~)isrl ~ fPry ___

middot3t 1C-e Ir~hgtlld 2tltH~ Ct[nlr ~(f - 1~

HPbull Shhnhi n A

~0 i

~ shy

shy


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