Right to impunity
By Yogesh Avasthi, Ahmedabad Mirror | Jan 2, 2016,
http://www.ahmedabadmirror.com/ahmedabad/cover-story/Right-to-impunity/articleshow/50410571.cms
Right to Information Act was instituted in 2005 as a powerful tool in the hands of average citizens. However, reality is quite different as the empowered body — Gujarat Information Commission (GIC) — lacks power to pull up errant officials of various government departments or government-instituted entities like universities. The nodal body has the right to impose fine on Public Information Officials (PIOs) or grant compensation to the aggrieved party but no right to recover penalty imposed. A finding by Mirror shows that a majority of penalised PIOs have not paid fines to GIC till date. Fine imposed on the official is collected by GIC and goes to the government treasury while compensation is payable to the aggrieved party by the official.
ONLY 149 PAY FINES
Mirror has found that out of 367 cases, where PIOs were penalised or compensation granted, from RTI's inception till December 18, 2015, only 149 have paid the fines. In other words, only Rs 13 lakh has been recovered as fine or compensation out of total dues of Rs 42 lakh.
WHAT RTI ALLOWS
RTI Bill was passed by Parliament on June 15, 2005 and it became a law on October 12, 2005. Gujarat government set up GIC in October 2005, under the RTI Act. Under the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise records for wide dissemination, proactively in certain categories, so that citizens need minimum recourse to request for information formally. RTI Act has also made provisions for penalising those officers who fail to provide information till the deadline or who do not provide proper information despite repeated directives.
A GIC official said, "Commission has powers to issue orders in certain cases imposing fines under Section 20 (1) of Right to Information Act, 2005. These fines are imposed on officers who fail to provide proper and timely information to applicants. The fines range from Rs 5,000 to Rs 25,000." "Applicant has to appeal in the court when compensation is not paid. Many a time the compensation amount is lesser than the cost of appeal. Gujarat University (GU) has not paid Rs 25,000 fine imposed on it in five cases as there's no guideline for recovery. GU also has not paid Rs 5,000 compensation to me."
HOW RTI WORKS
An applicant seeking information from a particular state government department or an organisation instituted by the government files the RTI application before the public information officer (PIO). If not satisfied, the applicant can approach the appeal officer, who is usually the head of the concerned department. If still not satisfied with the information then the applicant can approach GIC, the nodal body to address all RTI related queries. GIC has powers to issue directives to the head of the department or levy fine on PIO or grant compensation to the applicant.
FACTFILES
» In 2013-14 GIC disposed of 11,149 cases. Out of them penalties were imposed in 26 cases totaling Rs 4.45 lakh. Of these 26 cases, 19 were appeals while 7 were complaint- related cases." Majority of fine remains uncollected.
» As per existing provisions of RTI Act, GIC can only issue orders to give information, levy fine or order compensation. GIC has no right to pursue it and ensure its implementation. Besides, as per recent High Court order GIC cannot carry out re-hearing or re-appeal.
