Many Indian citizens use the Right to Information (RTI) Act to get crucial information from government departments. But what happens when the Public Information Officer (PIO) delays providing this information or fails to follow the orders of the First Appellate Authority (FAA)? This case highlights how citizens can ensure their RTI applications are processed correctly and what actions can be taken against officials who fail to comply. Understanding this process is vital for anyone seeking transparency from public authorities.
Background: What Information Was Sought
In this instance, an applicant filed an RTI application seeking specific documents related to shop licenses. The applicant wanted to obtain certified copies of the latest license deed for two shops, the license deed at the time of allotment, and copies of affidavits submitted occupiers of these shops. This type of information is often sought to understand property rights, contractual obligations, or to verify details related to leased or allotted properties.
How the Public Authority Responded
The initial response from the Public Information Officer (PIO) was unsatisfactory; no information was provided. When the case reached the First Appellate Authority (FAA), the PIO argued that the information sought was too voluminous and would require significant time and manpower to compile. The FAA, while acknowledging the volume, directed a partial resolution. The PIO was instructed to allow the applicant to inspect one file per day and provide photocopies of up to one hundred pages per week for some of the requested information. For the remaining queries, the FAA ordered the PIO to transfer the RTI application to the Personnel Department, assuming they would have the relevant documents.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the applicant expressed frustration. They stated that they had not received any information from the Personnel Department, nor were they even sure if the application had been correctly transferred as per the FAA’s order. The applicant also mentioned that while they had complied with the FAA’s directive to inspect files and identify necessary documents, they had only received copies of some of the identified documents so far. This indicated a clear failure PIO to implement the FAA’s order fully and promptly.
The CIC Order and Its Significance
The Central Information Commission (CIC) took a firm stance on the PIO’s inaction. The Commission directed the PIO to immediately provide the remaining copies of documents that the appellant had identified during their inspection. Crucially, noting that the PIO had neither responded to the original RTI application nor properly transferred it to the Personnel Department, the CIC ordered the PIO to transfer the application to the Personnel Department so that the information could be provided directly to the appellant. Furthermore, because the PIO had not supplied all the identified documents, the CIC issued a show cause notice to the PIO. This notice required the PIO to explain why a penalty should not be imposed under Section 20(1) of the RTI Act for failing to furnish information within the stipulated time and for not complying with the FAA’s orders. The significance of this order lies in holding the PIO accountable for delays and non-compliance, there the citizen’s right to information.
Key Lessons for RTI Applicants
- Lesson 1: Persistence is Key: Even if the initial response is poor or delayed, continue to pursue your request through the appellate stages. The FAA and CIC are there to ensure the RTI Act is implemented effectively.
- Lesson 2: Document Everything: Keep records of your RTI application, all correspondence with the PIO and FAA, and details of any inspections or information received. This evidence is crucial if you need to present your case before the CIC.
- Lesson 3: Understand PIO Responsibilities: PIOs are legally obligated to provide information within 30 days (or within 35 days if transferred) or explain why they cannot. Failure to do so can lead to penalties. The FAA’s orders are binding, and non-compliance can result in disciplinary action.
How to File a Similar RTI Application
- Clearly Identify the Information Sought: Be specific about the documents or information you need. In this case, it was license deeds and affidavits.
- Address the Correct Public Authority: Ensure your application is sent to the PIO of the department that holds the information.
- Pay the Required Fee: Submit the application with the prescribed fee.
- Follow Up and Appeal if Necessary: If you don’t receive a response within 30 days, file a First Appeal with the FAA. If the FAA’s order is not complied with, or if you are still not satisfied, you can file a Second Appeal with the CIC.
Sample RTI question you can use:
Please provide a certified copy of the license deed pertaining to [property description] as of [date/latest available]. Also, provide a copy of the license deed that was in effect at the time of its initial allotment and copies of all affidavits submitted current occupiers of the said property.
Conclusion
This case serves as a powerful reminder that the RTI Act is a tool for citizens to demand accountability and transparency. When public officials fail to perform their duties under the Act, the CIC has the authority to take corrective action, including imposing penalties. their rights and the procedures involved, Indian citizens can effectively use RTI to access information and ensure that government bodies function in a transparent and responsible manner.
