SIC asks PHQ to apprise it about Steps taken in Compliance of Apex Court Order

Fixing Responsibility of Police, Prosecuting Officers

Jammu,24/July/2015: The Jammu and Kashmir State Information Commission has asked the Police Headquarters to apprise it about the steps being taken in compliance with the Supreme Court decision in the case titled ‘ State of Gujarat Vs Kishanbhai ’.

Taking cognizance of a complaint filed before the Commission by RTI activist Raman Sharma, the Chief Information Commission GR Sufi has asked registry of the Commission to issue notices to the Director Prosecution Police Headquarters, Public Information Office of the PHQ to appear before the commission on 28/07/2015  along with relevant file and to apprise the commission about the steps being taken in  compliance with Supreme Court Decision in case of State of Gujarat Vs. Kishanbhai.

Earlier, information seeker Sharma had filed a complaint case before the commission alleging that the J & K Home department has failed to provide him the above stated information despite lapse of the stipulated period of time.

In this case titled State of Gujarat Vs. Kishanbhai, the Supreme Court of India on 01/01/2014 had issued various directions to the Home Secretaries of all States and union territories to formulate a procedure for taking action against erring investigating/Prosecution officers on whose lapse a criminal case is culminated in acquittal.

Further the Court judgement states  “ A finding needs to be recorded in each case, whether the lapse was innocent or blameworthy and each erring officer must suffer the consequences of his lapse, by appropriate departmental action, whenever called for. Taking into consideration the seriousness of the matter, the concerned official may be withdrawn from investigative responsibilities, permanently or temporarily, depending purely on his culpability”.

The two-judges bench in this case has also noted “ We also feel compelled to require the adoption of some indispensable measures, which may reduce the malady suffered by parties on both sides of criminal litigation. Accordingly we direct, the Home Department of every State Government, to formulate a procedure for taking action against all erring investigating/prosecuting officials/officers. All such erring officials/officers identified, as responsible for failure of a prosecution case, on account of sheer negligence or because of culpable lapses, must suffer departmental action. The above mechanism formulated would infuse seriousness in the performance of investigating and prosecuting duties, and would ensure that investigation and prosecution are purposeful and decisive. The instant direction shall also be given effect to within 6 months”.

Tawi Lake Project: “In 5 years, for 20 Months Construction Work Remained Suspended “

RTI  About  Tawi Lake Project

Jammu, 13/July/2015: Jammu and Kashmir government has informed  that 95 percent civil woks and 90 % mechanical works is completed at the Waddi Tawi site of Tawi Lake Project and similarly at  the Nikki Tawi site 80 % job out of Civil Works and  70 percent of mechanical works stands completed as one date.    

It’s also been informed that an amount of Rs. 54.68  crore spent so far on the Barrage project for  Tawi Lake.

The response of the government has come in reply to an RTI application of activist Raman Sharma, whereas the information seeker had sought certain information from the Irrigation department of Jammu and Kashmir government about the estimated cost and present status of the work on the much talked Tawi Lake project in Jammu.  

Anil Sharma, Public Information Officer and Executive Engineer in Division-II of Irrigation department vide his office letter dated 26/06/2015 addressed to the applicant has also informed that the targeted date for completion of  the barrage portion of the lake project stands revised to 31/03/2016 and formally work on ground was started on 22/07/2010 after completion of preliminaries.  

On the question of estimated cost of the  Project, the PIO has apprised that the total allotted cost of the barrage  of Tawi Lake project  is Rs. 69.70 Crore.

Replying to the query about total period of time for which the work on this prestigious project remained closed, the department has replied that the period of time for which the work on Barrage Project remained closes is approximately 20 months  and comprises mainly of rainy season during each financial year during the period of from Mid June to October every year as the Work is in river Tawi Basin and  during the said period flash floods were witnessed.

 The PIO has not replied to the applicant’s query where he has sought certified copies of any specific directions issued by the Chief Minister/Deputy Chief minister or PHE and Irrigation minister  about this lake  project.

 Though in the reply it has been told that pattern of funding for the project  would be 90:10 basis i.e 90 percent by the central government,10 % by the state government and Central assistance from ministry of water resources (GOI) is Rs. 25 Cr, funds awarded by the 13^th finance commission for developing the Tawi front is also Rs. 25 Cr and the funds from the state govt are Rs, 20 Crore.

    In response to the demand of the applicant about certified copied of last 3 inspection reports and the recommendations, the department has informed that Inspections are carried out by NABCON and the reports are submitted directly to the government hence copies of Inspection reports are not available with them.

APPLICATION UNDER JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009.

    To

     Public Information Officer,   

  

    o/o Chief Engineer, Irrigation and Flood Control. 

Canal Road, Jammu. 180012

Respected Sir,

Provide me following details & Information under the provisions of Jammu &Kashmir Right to Information Act, 2009. I am   a permanent resident the   State . An RTI fee of Rs. 10/-  is also annexed with this application as I.P.O vide no 21F 742450

INFORMATION SOUGHT

1.            Kindly provide detail with regard to total estimated cost of Lake Project at River Tawi, Jammu. 2.            Intimate total amount of money  sanctioned by the government for this          project 3.            Intimate total amount of money  released till date for this project by the government. 4.            Intimate, Total amount of money so far spent on this Lake project. 5.            Provide copies of all utilization certificates submitted by the executing department to the             government. 6.            Kindly intimate the date on which the Lake project was formally started on ground after the             completion of all formalities. 7.            Kindly intimate Targeted Date/ Time Line when the Lake project would be completed. 8.            Name the officers/officials/department that are assigned the task of inspection of the ongoing             project. 9.            Provide certified copies of last three inspection reports and their recommendations.  10.         Certified copies of all instructions/directions/memos/ issued by the government for this Lake             Project. 11.         Total percent of project Work completed so far. 12.         Total period of time for which the work on this project remained closed. 13.         Also provide certified copies of any directions specifically issued by Honourable Chief             Minister/Deputy Chief Minister or the Honourable Ministers for PHE and Irrigation  on this lake             project.

                                                            

Dated: 17/June/2015                                                                        Applicant

                                                                                                                                          

                                                                                              RAMAN SHARMA.

Address: K-236, MAST GARH, JAMMU 180001,   Mob: 9796811012,   

e.mail: JKRTIACT@GMAIL.COM.

J & K: Home Department Ignorant about Panchayat Members killed by Militants !

Callousness Exposed !

Jammu, 10/July/2015: What may be termed as ineptness of Jammu and Kashmir Home Department or helplessness that it does not have any information about details of killings of Panchayat members but the department  has to  rely on the Police Department even to find out the detail of compensations awarded to the next kin of deceased Panchayat members.

The department has admitted that the information is not available with it. The Jammu and Kashmir Home department while forwarding an RTI application of information seeker to the Police Headquarters, noted that they have received an RTI application on the above subject  which is transferred to them (PHQ) in terms of section 6(3) of J & K RTI Act 2009 for further necessary action, under an intimation to their office as the same is not available with them and pertains more closely to PHQ.

The letter  of the Home department has come as a response to  the application under RTI act by activist Raman Sharma where the information seeker had asked for details about the  total number of Panches, Sarpacnhes killed in Jammu and Kashmir in terror related incidents during the period May-2011 to till date, their particulars and the compensation awarded to the family members of the martyred Panchayat members. In his RTI application dated 08/06/15, the applicant had also asked for the detail of any special probe ordered to find out the persons or group behind these killings.

Sarib Sahran, Under Secretary cum Public Information Officer of the home department addressing a letter to PIO of the Police Headquarters at Srinagar vide his office letter no. Home/GB/68/2015/2521 dated 22/06/2015 and copied to information seeker has also regretted for the delay in forwarding the letter citing the reason of holidays and tours. As stipulated period under which the RTI application should have been transferred to the PHQ is 5 days but in the present case, the Home department instead took 10 days for doing the same. Expressing shock over the response of the Home Department, information seeker Sharma said though apart from minor delay the PIO has done his job as per the provisions of the RTI act but the callousness of the state home department is exposed otherwise, as it does not have such basic and sensitive data about number of Panchayat members killed and any compensation awarded or not.

Published in Early Times, State Times, Greater Kashmir, JK Newspoint and other local dailies of the state on 11/07/2015.

LETTER FROM HOME DEPARTMENT

.

RTI APPLICATION

STATE TMES,

J & K Politics: Why Corruption is Non-Issue for Nationalists, Separatists ?

‘Fight Against Corruption’, Benighted Nationalists, Separatists on the Same Page

  

RAMAN  SHARMA

Both Self acclaimed Indian Patriots  and so called Pro-freedom leaders may not digest the fact that perhaps Corruption has caused more damages to the Jammu and Kashmir State and its people than the collective losses incurred by the Separatism, Terrorism or even alleged violence  by  members  of Security forces.

Obviously both pro-India and Anti-India  Leaders would never even whisper about brazen  corruption and nepotism prevailing in the state because it does not suit their political gimmick which can sustain in valley  only if separatists abuse Security forces and so Called Patriot Indian leaders  condemn or abuse separatist leaders’ more than actually what they deserve.

The present piece of writing is in no way to justify the violence committed by the terrorists’ groups or violence incited by the separatist leaders in Jammu and Kashmir on the name of self determination or so called ‘AZADI’.

But it is very sadden that the myopic vision of political leadership of Valley, Jammu  or rest of India do not consider to deliberate and find out a way to eliminate or at least curtail prevailing corruption and nepotism in the state which are biggest enemies of the J & K  and do not discriminate with the victim be he is pro-India or anti-India. Everyone has to bow before the monuments of corruption in Jammu and Kashmir State.

In Valley, almost everyone be it  the hardliner separatists, semi separatist or mainstream political party leaders, they confine their agenda against the alleged brutalities committed by the members of the security forces, they orchestrate and shout so loud against removal of Armed Forces Special Power Act from Jammu and Kashmir State, surely some of the allegations of Human Rights violations committed by a few members of the security apparatus are genuine and they need attention and corrective measure to avoid such acts. The culprit should be brought to justice, be it a member of the Central Armed forces or the Local police. The entire valley is being taken as hostage for weeks together by the vested interests on the name of human rights violations by the security forces. The separatist leaders of Valley then incite violence and  shout so loud from the roof top against the members of the security forces  and AFSPA as everything wrong in valley is just because of AFSPA, ARMY or CRPF.

We need to find answers of some tough questions, Whether presence of Indian Army and AFSPA is the reason for all the mess in Jammu and Kashmir and political corruption here in the state, Whether Indian Army is responsible for not having members of the State Accountability Commission , Whether Indian Army and AFSPA are responsible for deficiency of Judges in Subordinate and higher judiciary of the state, Whether AFSPA is responsible for encroachment of our natural resources, rivers, mountains, Nallahs government land , Kacharian Land, Whether Indian Army is responsible for failed health facilities in Jammu and Kashmir and whether  CRPF is responsible for the deaths of 100s of small children in GB Pant Hospital of Kashmir 2 years ago. Can we put blame on IA for Entrance Test scam conducted by BOPEE where merit was buried and blue eyed people were given preferences and incompetent candidates were awarded medical and engineering seats. Should we blame the security forces  and Armed forces special power act for the 1000s of deaths caused in hilly areas of Jammu and Kashmir state in Road Accidents. Recently a teacher was ousted by the Honourable Jammu and Kashmir High Court for his failure in writing an essay on Cow and solving simple maths problem of class iv standard, now did Indian Army or Armed Forces Special Power Act felicitate the appointment of this teacher.

Of course the sensible and rationale people can understand and know the answers of all queries posted above.

The above quoted queries are not only for the separatist Leaders and anti-army, anti-India campaigners active in Jammu and Kashmir but the self acclaimed Pro- Indian  patriots do also need to speak up and tell the people of Jammu and Kashmir and rest of the country that why they keep quite and do not beat their chest when there is free for all corruption in Jammu and Kashmir. They call Jammu and Kashmir as “Sheesh” head of India, but it is really apathetic that this ‘Sheesh’ of theirs’ has been compelled to put on a black garland of Corruption. 

Syed Ali Shah Geelani, Shabir Shah, Yasin Malik, Moulvi Omar Farooq or jailed Masrat Alam are favourite punching bags for the so called true Indians. On the issue of Corruption and mis-governance in Jammu and Kashmir they maintain complete silence , do  they have the answer whether a few separatist leader or militant groups are responsible for monumental corruption and nepotism in the state. Whether Syed Ali Shah Geelani encroached the forests of Jammu and Kashmir, Whether Moulvi Omar Farooq restrained these so called patriot Indian to work for strengthening the health facilities in the State or is it the conspiracy of Yasin Malik that many a times we have to pay bribe in courts to get a certified copy of a documents. Is Hurriyat Conference or Dukhtran-e-Millat responsible for depriving the widows, orphans, old age people and handicap people that the officers of  social welfare department takes it months in releasing the monthly pension of a meagre amount of Rs. 200 or 300 per month and that too only when their palms are greased with bribe. Did Jammu and Kashmir Cricket Association Scam is outcome of some plot of a terror outfit . For rising unemployment in the state, can we put blame squarely on  separatists .

It is high time, people on both sides must understand that they cannot continue with their agenda without giving a patient hearing to the real problems of the people. It is  not to convince anybody to continue or give up his/her ideology but a pause is essential to recognize the sufferings of the stakeholders i.e around 15 million people who have been duped on the name of different ideologies  .

A good number of people are happy to pursue the agenda of separatism while other calls for complete allegiance to India and see their well being with India. But, whatever the way they adopt, they cannot be blind to the truth and there is an immediate need to repair the system and promote the institutions of transparency and accountability. Let’s discuss what is common between us. 

Early Times, 08/07/15

6 Ex-VCs, Legislature, Senior Officers among Defaulters of JU Library

 JU Loses over 500 Books but no Action against Influential Defaulters

Jammu, 04/July/2015: A List of Defaulters released by the Public Information Officer of Jammu University who have not returned books of its Central library includes the names of at least 6 former Vice Chancellors of the University, several  high profile officers of the state bureaucracy and senior faculty members of different departments of the university besides staff members of the Central Library itself.

Interestingly, the University has admitted that neither the membership of the Book defaulters was terminated nor suspended and the only action taken is simply issuance of a Reminder Message to them a year ago on 14/07/2014.

As per prescribed rule of the University, no one is permitted to keep a book with him/her beyond a period of one month but in the instance case many defaulters have borrowed the books in year 2007.

The information provided to  RTI activist Raman Sharma under Right to Information Act, the PIO of the university has named  at least 5  former Vice Chancellors of JU including JN Bhan, SC Dubey, JD Sharma Pushkar Nath, ML Lakhanpal, Yog Raj Malhotra  who have not returned the books taken by them from the Central  Library  or Dhanvantri Library as officially called.

The list of defaulters also comprises several other high profile people including one  Janak Raj former Member Legislative Council, SS Kapoor former Education Commissioner, Satya Bhushan who remained as Education commissioner and also ex-Vice Chancellor of the university.

Senior officers of the Governor’s office who is also the Chancellor of the university have also taken away the books from the JU library and did not bother to return it back, former PSs to governor including Pushkar Nath and Satish Piplani are amongst the defaulters of the library. Name of Ajay Singh, ADC of the governor is as well figured in the defaulters list.

The interim list of defaulters’ served by the PIO reveals name of over 150 people who have swindled the books from Jammu University.

Many HoDs of Different departments of the university too failed  to return  the books borrowed by them from the library. Several other administrative officers of the university occupying higher posts like ex-Registrar, Controller Examination, Superintendent, Assistant Director and Medical officer are also amongst the defaulters of the Dhanvantri Library. One Journalist, Principals of the government Colleges, Ayurvedic College and even staff members of the Kashmir University have taken books from the Library and never returned them back.

The officer in his reply has intimated that there are 4,41,839 books available in the  University Library. In response to the query about total number of books damaged during last 10 years, the officer has replied that the books are bound annually and did not give any specific figure.  

Few expenses books missing from the kitty of Library include  ‘ Introduction to Phase transitions and critical phenomenon’  written by Stanley, H. Eugene a book of Physics valuing Rs. 5316.74, Statistical Mechanics Phase Transition by Yeoman valuing 2616.30, Climate Change and Environment Management by Thakur Anil K valuing Rs. 2050 and a book of Computer Sciences valuing Rs. 1117 which was being borrowed by a student.

Likewise the defaulters have taken away the books written by APJ Abdul Kalam, Jasjit Singh, Brown Dan, Coelho Panio, MK Roy and Sahi Deep Narain.

The RTI reply also reveals that during the last ten financial years the university has spent a total amount of Rs. 2,36,64037.00 for purchase of books. 

Information Seeker, Raman Sharma has urged the Governor NN Vohra who is also the Chancellor of Jammu University to direct the VC to take immediate legal action against the defaulters and bring the borrowed book back to the library shelf. 

Published in Daily Excelsior, State Times, Dainik Jagran, Early Times, Journey Lines and several other local and national dailies like Business Standard, Outlook on 05/July/2015.

------------

dainik jagran, 05/07/2015 pg 1

--------------------------------

पांच सौ से अधिक पुस्तकें गायब

राज्य ब्यूरो, जम्मू : जम्मू विश्वविद्यालय की सेंट्रल लाइब्रेरी से पांच सौ से अधिक पुस्तकें गायब है। छह पूर्व वाइस चांसलरों समेत राज्य सरकार के कई वरिष्ठ अधिकारियों व विभागों के फैकेलिटी सदस्यों ने पुस्तकें वापस नहीं की है। जम्मू विवि ने माना है कि पुस्तकें वापस न करने वालों की सदस्यता न तो निलंबित की गई और न ही रद की गई है। बस इतना जरूर किया गया है कि एक वर्ष पहले 14 जुलाई 2014 को पुस्तकें न लौटाने वालों को रिमाइंडर भेजा गया था। -

इसका खुलासा सूचना के अधिकार कानून के तहत प्राप्त जानकारी से हुआ है। आरटीआइ कार्यकर्ता रमन शर्मा ने सूचना अधिकार कानून के तहत गायब पुस्तकों व पुस्तकें न लौटाने वालों की सूची मांगी थी। विवि नियमों अनुसार एक महीने से अधिक समय तक कोई भी व्यक्ति पुस्तकें अपने पास नहीं रख सकता, लेकिन वर्ष 2007 से पुस्तकें वापस नहीं आई है। जम्मू विवि के छह पूर्व वाइस चांसलरों जेएन भान, एससी दुबे, जेडी शर्मा, पुष्कर नाथ, एमएल लखनपाल और वाइआर मल्होत्रा ने पुस्तकें वापस नहीं की है। पुस्तकें न लौटाने वालों की सूची में पूर्व एमएलसी जनक राज, शिक्षा विभाग के पूर्व आयुक्त एसएस कपूर, पूर्व शिक्षा आयुक्त व पूर्व वीसी सत्य भूषण शामिल हैं। राज्यपाल जो विवि के चांसलर होते हैं, के कार्यालय के अधिकारियों पुष्कर नाथ, सतीश पिपलानी, राज्यपाल के एडीसी अजय सिंह भी पुस्तके न लौटाने वालों की सूची में शामिल हैें।

 पुस्तकों के देनदार की अंतरिम सूची एक सौ पचास लोगों की जारी की गई है। इसमें विभिन्न विभागों के अध्यक्ष, पूर्व रजिस्ट्रार, पूर्व कंट्रोलर, सुपरिंटेंडेंट, असिस्टेंट डायरेक्टर और मेडिकल आफिसर शामिल हैं। इसके अलावा पुस्तकें वापस न करने वालों में एक पत्रकार, एक आयुर्वेद कॉलेज, कश्मीर विवि के स्टाफ भी शामिल हैं। विवि की लाइब्रेरी में कुल 441839 पुस्तकें हैं। पिछले दस वर्ष के दौरान कितनी पुस्तकों को नुकसान पहुंचा, उसकी जानकारी उपलब्ध नहीं है।

लाइब्रेरी से कुछ महंगी पुस्तकें भी गायब है जिसमें फिजिक्स की स्टेनले की पुस्तके जिसका मूल्य 5316.74 रुपये, स्टेटेस्टिकल मकेनिक फेस का मूल्य 2616.30 रुपये, क्लाइमेट चेंज का मूल्य 2050 रुपये, कंप्यूटर साइंस की पुस्तक का मूल्य 1117 रुपये शामिल हैं। इतना ही नहीं एपीजी अब्दुल कलाम, जसजीत सिंह, ब्राउन डान, कोहिलयो पोनियो, एके राय और साही दीप राय की पुस्तकें भी गायब है, जिन्हें वापस नही किया गया। यह भी खुलासा हुआ है कि पिछले दस वर्षो के दौरान विवि ने पुस्तकें खरीदने के लिए 2 करोड़ 366 लाख 4 हजार 37 की धनराशि खर्च की है।

आरटीआइ कार्यकर्ता रमन शर्मा ने राज्यपाल एनएन वोहरा से आग्रह किया है कि वे पुस्तकें वापस न करने वालों के खिलाफ कार्रवाई करने का आदेश जारी करे।  (Online edition Dainik Jagran, 05/07/15)

http://www.jagran.com/jammu-and-kashmir/jammu-12557893.html