EGH PHE denies information under RTI

Date:

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Williamnagar, June 3: The Public Health Engineering (PHE) PIO of East Garo Hills, Sujeet Marak, has denied to provide information of schemes under the centre’s ‘Jal Jeevan Mission’ citing Art 11 of the RTI Act of 2005.

The article in question relates to information, mostly of a confidential nature, where a third party is sent notice on whether they want to disclose information to the RTI applicant. A notice is sent within 5 days to the third party (supplier) on whether they are willing to disclose the information or not. Further after the receipt of the notice from the PIO, the third party, within 10 days, be given the opportunity to make representation against the proposed disclosure.

RTIs done earlier have sought information on the names of contractors as well as the amounts paid to them as per each project under the JJM head.

While Art 11 has been embedded into the RTI Act, however the denial of information by the PHE over the argument that contractors becoming third party under JJM does not even stand.

In terms of the entire situation, the department becomes the 1st party, the contractors become the second while an independent agency meant to inspect the quality of projects is the third party according to the JJM procedures.

However, the PHE seems to have skewered the entire process and with an intent to not disclose information, forced the mantle of 3rd party onto the contractors.

“When we asked the PIO as to why contractor information as well as amounts released towards them had not been disclosed, he cited Art 11. As per the EGH PHE, the department is the 1st party, the RTI seeker is the 2nd and the contractor, the 3rd. By his reasoning, it means that we have a stake in the entire JJM operations. This is not only ridiculous but insane,” said Najip G Momin, one of the many RTI seekers from Williamnagar.

Najip’s RTI had sought work orders, sanction amount paid to contractors among other questions. The department however cited Art 11 for most of the questions despite the contractor not being third party at all.

He further asked as to what would happen to the Third Party Inspectors that by their very nomenclature are supposed to be the third party to the projects.

“Does this now mean that the third party has become the 4th party? It’s really amusing how far they will go to deny information,” he added.

As per sources, the reason for the non-disclosure could be the fact that many projects have not been up to the mark.

Further another source pointed out that many of the projects undertaken under JJM have actually been taken up by employees of the department, mostly in the names of their close relatives. Whether the above fact is true or just speculation, will have to wait until information is provided.

The RTI seekers have now decided to take  the matter to the state’s Chief Information Commissioner (CIC) so that the matter can be sorted out and information is provided to them.

 

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