FAA SHOULD SEE THE COMPLIANCE OF ORDER IN APPEAL NUMBER 12/2023 DATED 30-1-2024 OR REFER CASE FILE FOR INTERVENTION OF HIGHER AUTHORITY,MORE OVER REGISTRAR (HZ) HPPWD, HAMIRPUR ALSO RESPONSIBLE TO BRING IT TO THE NOTICE OF COMMANDING OFFICER, INSTEAD OF RETURN BACK TO APPELLANT

It is a matter of fact and concern to be noticed by the department of Administrative reforms organization and the HPPWD where order issued by the FAA is ignored by the PIO cum Engineer officer 10th Circle HPPWD Bilaspur and the Complaint made before the Honourable Chief Minister for taking disciplinary action against the defaulters so referred through the Head of department and the Superintending Engineer (works) vide number 6899-6900 dated 18-12-2024 again and again returned back to applicant by the Registrar HZ Hamirpur and now aain referred vide number4869dated 19-7-2025 is proof and evidence on the records but there is no review by the higher office and commanding officer of the department of Public Works , so explained under law code manual prefixed by the RTI Act, 2005 under section 19(6) of the RTI Act as below:-- "It has also pointed out that some of the Ministries)/ Departments have appointed very junior officers as Appellate Authorities who are not in a position to enforce their orders. The Act provides that the First Appellate Authority would be an officer Senior in rank to the PIO /CPIO Thus, the Appellate Authority as per provisions of the Act, would be an officer in a commanding position vis-a-vis the PIO/CPIO. Nevertheless, if, in any case, the PIO /CPIO doesn't implement the order passed by the Appellate Authority and the Appellate authority feels that intervention of higher authority is required to get his order implemented, he should bring the matter to the notice of the officer in the public Authority competent to take action against the PIO/CPIO.Such competent officer shall take necessary action so as to ensure implementation of the provisions of the RTI Act, 2005 issued by DoP&T memo number 10/23/2017-IR dated 9-7-2007.So keeping in view the above conclusion made by the Department of Personnel and training there is no reason to return back the said Complaint to applicant rather than to enquire into the matter from the FAA cum Superintending Engineer HPPWD Bilaspur for which the Registrar HZ HPPWD Hamirpur is responsible to do needful under law code manual prefixed by the above references of the department of personnel and training in this behalf as such and more over Deciding Appeals under the RTI Act is a quasi judicial function. It is therefore necessary that the Appellate Authority should see to it that the justice is not only done, but it should also appear to have been done. In order to do so, the order passed by the Appellate authority should be a speaking order giving justification for the decision arrived at, as issued vide number Appeal number 12/2023 dated, 30-1-2024 , where in following conclusion made by the FAA is proof and evidence on the record :-- "In view of the above and from the record produced, it is clear that what ever information on point number 1,3,4 and 5 was not provided to Applicant, The public information officer cum Engineer officer 10th Circle HPPWD Bilaspur is directed to supply the reply in respect of point number 1,3,4and 5 to appellant free of cost on or before 10-2-2024".Accordingly the appeal is finally disposed off:-- Er Fateh Chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number, 9459334377

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