Liability of Rs 33 crores over Housing Board

  1. As per the Accounts of the J&K, Housing Board, what is the present financial liability of the Board.
  2. How much of financial liability has been credited during the period present Secretary officiated as Managing Director. How much financial liability has been created other than the Housing schemes.
  3. How much expenditure the J&K Housing Board has incurred outside the budgetary provisions like installation of transformers, street lights, etc during the period present Secretary officiated as the Managing Director, J&K, Housing Board. Provide details and relevant documents of such expenditure.
  4. During the officiating period of present Secretary as Managing Director, how much funds the J&K Housing Board has received under the centrally sponsored scheme, RAY. How much money has been spent and how much is the financial liability created on this scheme.

The PIO, J&K, Housing Board while responding to this request of the complainant, passed an order on 16-06-2015 on the basis of assistance given by the Secretary, J&K, Housing Board and provided the information to the information seeker.

Being aggrieved with the incomplete information so provided at point 2,3 & 4 of the RTI application dated: 16-05- 2015, complainant P Sulieman filed first appeal before First Appellate Authority (FAA), J&K, Housing Board on 02-07-2015, pleading therein that information provided by the PIO on points 2,3 & 4 was misleading and incorrect. The FAA adjudicated the appeal on 14-08-2015, upheld the contention of the complainant that the information provided was incorrect. Therefore, FAA directed the PIO to provide the remaining information within 15 days. The PIO in compliance to the directions of the FAA passed another order on 28-08-2015, attaching therein remaining information obtained from the office of Financial Advisor, J&K, Housing Board, which the complainant acknowledged of having received the same.

SIC’s decision dated 19.1.2016:

“Commission while perusing earlier order of the PIO and the fresh order passed in consequences of the directions of FAA found that there was clear contradiction in both replies so provided. In his earlier order, PIO while replying to point 2 of the RTI application informed the information seeker that there was no financial liability of the Board, whereas in his 2nd order, PIO informed that there were about Rs. 33.00 crores liability of the Board, as per given break-up. Similarly, replies with regard to information sought at point 3&4 of the RTIapplication also varies in earlier and fresh order of the PIO. Thus, it is prima facie established before the Commission that information so given by the PIO in earlier order and in the order passed after directions of the FAA was incorrect and misleading”

Order further reads as :

“Therefore, Mr. Yogesh Sharma, Sr. Programmer-cum-PIO, J&K, Housing Board is directed to explain why penalty under section 17 of the J&K State RTI Act, 2009 may not be imposed on him for giving incorrect and misleading information. His reply, if any must reach the Commission within 15 days of the receipt of this order. The complaint is accordingly disposed of.”

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