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  • Section 2(f) of the RTI Act
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  • Section 2(f) of the RTI Act
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    Ashu Peter Mattoo v. Public Information Officer, Health Officer, Jammu Municipal Corporation Through : Dr. Vinod Sharma - Health Officer And Others

    1. The Appellant filed an RTI application dated 12.03.2019 seeking information on 15 points, including the following:—

    1. History of Municipal Corporation constituted by Lord Rippan in the year 1893 A.D. Copy Required

    2. Name, Parentage, ward and photo of all the Municipal employee i.e; Safaikaramcharis, supervisors, sanitary inspectors, ASO, SO, health officer joint commissioner and commissioner working in the municipality in year 1893 to 1957. Copy of all the information required.

    3. Safaikaramcaris namely Sadha and Nawala Bibi w/o Bakha working in BMC in early 90’. required their full information with attendance record date of joining and the wards in which they were worklng and the salary they were withdrawing.

    4. Name, parentage and wards of all Municipal corporator/councilors elected in the year 1960, 1975, 1983, 2005 and 2018 year wise data required and photo also required.

    5. In year 2005 CDF distributed to each councilor for growth of society ward wise information required and CDF fund used by each councilor in their ward, amount utilized and amount sanctioned ward wise Information with their name, parentage, photo and ward no. Required full information.

    6. Name, Parentage and the ward of all contestants participated In Municipal corporation election the year 2018 and the number of polling each contestants got in every ward. Required all information’ Ward wise, contestant wise polling and the winning poll of each ward.

    7. Name, address, parentage of all the candidate who applied for the newly advertised 600 posts all Safaikaramcharis and candidate has been selected photocopy required. Photocopy of all the detail of selected forms required (Need Basis Notification no. 10/2018 Or. 20.06.18)

    8. Maintenance of Christian grave yard, Sarwal are taken care by which department of JMC and so how much funds has been sanctioned by JMC in the name of Christian grave yard, Sarwat from years and the name of the person to whome amount It has been’ delivered. Name, year, amount sonctioned, amount utilized and the nature of work done in grave yard full detail required along with the photo of work done.

    2. Having not received any response from the CPIO, the Appellant filed a First Appeal dated 23.04.2019. The FAA/Jt. Commissioner, Municipal Corporation Jammu vide order dated 07.05.2019 directed the CPIO, HO and Asstt. Secy. JMC to provide the available information pertaining to his section to the Appellant within 07 days.

    3. The Asstt. Secretary, Establishment Section sent a reply dated 20.05.2019 enclosing twenty two pages seeking to address the queries with information as available.

    4. Aggrieved over non receipt of the information, the Appellant approached the State Information Commission with the instant Second Appeal. The Dy. Registrar, J&K State Information Commission vide notice dated 01.06.2019 requested to PIO/FAA to file counter statement/reply within 10 days.

    5. In response to the notice of the SIC, the PIO/Health Officer, Municipal Corporation Jammu vide letter dated 17.06.2019 replied as under:—

    1, 3 to 8, 10, 11, 14-Matter pertains to Central Office.

    2 - The record is not available.

    9 - 15 wards i.e. 52, 55, 56, 58, 59, 60, 62, 63, 64, 65, 66, 67, 68, 69 & 70 are outsourced. The contract was allotted to provide sanitation with minimum labours. The JMC has to monitor only sanitation and number of labourers deployed not the name of labourers. Time to time the labourers are replaced by the contractor and not by JMC.

    12- Matter pertains to Transport section.

    13 - Matter pertains to revenue section.

    15 - There is no post of nagran in JMC.

    Facts emerging in Course of Hearing:

    6. A written submission has been received from CPIO/Asstt. Secretary, Jammu Municipal Corporation vide letter dated 07.05.2022, stating as under:

    In compliance of above cited notice it is respectfully submitted as under;

    1. That in compliance of order passed in the 1 appeal under RTl Act, 2005 vide no. JMC/Estt/998-1003, dated : 07.05.2019 the requisite information available with central Establishment section stands provided to the applicant Sh Ashu Peter Mattoo R/a H.no. 78 near Govt. Primary School New Plot Jammu J&K 180016 vide communicatian no. MJ/Esttt/66/RTI dated, 20.05.2019 (Copies alongwith annexures enclosed for reference enclosed for reference please).

    2. The information stands communicated through Sunny Khokhar. The copy of register is enclosed for kind reference please.

    7. The aforementioned submission has 22 pages enclosed with it. In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing was scheduled through video conference after giving prior notice to both the parties. The Appellant and two of the three respondents, except the PIO/Chief Transport Officer, Jammu Municipal Corporation, attended the hearing.

    DECISION

    8. Upon perusal of records of the case it is noted that substantial information has been furnished by the Respondent. Therefore, no legal infirmity is found in the case requiring any further intervention under the RTI Act.

    9. Since the information available on record with the public authority as defined under Section 2(f) of the RTI Act has been furnished in this case, no further action is warranted, under the RTI Act.

    10. The appeal is disposed off as such.

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    Comments

    Ashu Peter Mattoo v. Public Information O...
    (May 20, 2022)