PANJIM: The High Court of Bombay at Goa on Thursday directed the State government to furnish information under RTI to social activist Kashinath Shetye on the Reliance power project. The Division Bench comprising Justice Prithviraj K Chavan and Justice N M Jamdar, observed that the State Information Commission had directed the Public Information Officer to furnish information, as available in the record by 14 July 2018.
“There is no reason why the information as directed by both the Authorities is not furnished to the petitioner. Unless the orders passed are set aside, the State would be under an obligation to give effect to the same,” the order said.
The court also noted that the State has not challenged the order dated June 7, 2013. “Needless to state that the information to be given to the petitioner would be on payment of such costs, as may be prescribed,” the order states.
Herald was first to report that the Power Department had refused to follow orders of the top authorities to reveal information.
The information sought includes documents pertaining to the Reliance-Salgaocar power project. The Principal Information Officer (PIO) of the Electricity Department had refused to follow orders of the higher authorities to hand over the documents. Interestingly, Goa State Information Commission (GSIC), which is the highest authority for appeal in the State had also taken five years to reach a verdict.
It started in 2013 when activist Kashinath Shetye had filed an application under RTI seeking to be furnished information regarding the Reliance Infrastructure Limited (the Reliance-Salgaocar Pvt Ltd) 48 MW Mini Power Project.
But PIO Bharat Nigalye, AE then and now Executive Engineer, replied that the concerned matter is not dealt by the section and information is not available. Thereafter, Sheyte filed a first appeal under Section 19 of the Act, seeking that the PIO be directed to furnish information sought by him, as to allow inspection of records as requested.
He also submitted a complaint to ACB alleging loss to the exchequer to the tune of Rs 550 crore and CRMA 141 of 2013(Old) and CRMA 15 of 2014 with CBI Court. But the CBI court rejected the application as the petitioner could not produce the information asked by the court.
However, the First Appellate Authority, where Shetye had appealed, with an order dated June 7, 2013 directed the PIO to supply information on or before June 28, 2013.
Aggrieved with the non-implementation of the order of the first appellate authority Shetye filed a second appeal under Section 19 of the Act before the Commission on September 6, 2013. Here, GSIC took five years to decide the matter.
GSIC upheld the order of the first appellate authority and directed the PIO to furnish information within 15 days of the receipt of the order latest by July 4, 2018. But again when the petitioner went to collect the information on July 9, 2018 no information was supplied, instead the respondent asked Shetye to approach the High Court.
In his appeal to the HC, Shetye said that the Commission failed to consider that information was not supplied for nearly five years, which is not in consonance with the spirit of the Act, and the legislative intent behind it.
Shetye alleged that the information sought is being denied to him to hide, suppress and remove any irregularities, illegalities that may exist in the same and to save the corrupt officers.
