Many Indian citizens face delays and difficulties when seeking information from government bodies. Understanding how the Right to Information (RTI) Act can be used, even when dealing with complex institutions like High Courts, is crucial for ensuring transparency and accountability. This case highlights how persistent citizens can push for timely responses and better implementation of the RTI Act, even when facing procedural hurdles.
Background: What Information Was Sought
The RTI applicant in this case had lodged a complaint against a specific judicial officer, Mr. SC Kulshrestha, an Additional District Judge (ADJ). He filed an RTI application with the Ministry of Law and Justice, seeking to know what action had been taken on his complaint. The Public Information Officer (PIO) at the Ministry initially transferred the application to the PIO at the Allahabad High Court. Following the PIO’s advice, the applicant paid the required application fee. However, a significant amount of time passed before the applicant finally received information about the action taken on his complaint.
How the Public Authority Responded
The Public Information Officer (PIO) of the Ministry of Law and Justice did not provide a timely response. Instead, the application was transferred to the Allahabad High Court. This transfer itself contributed to a delay. Subsequently, even after the applicant paid the prescribed fee, there was a considerable delay in providing the final information regarding the action taken on the complaint. This pattern of delay and indirect response is a common challenge faced RTI applicants.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the applicant raised serious objections regarding the extensive delays encountered at every step of the process. He also expressed dissatisfaction with the way his complaint had been handled and disposed of Allahabad High Court. When questioned about the reasons for the delay, the respondent from the High Court explained that the information was initially with the Administrative Judge at the Lucknow Bench. Once received, it needed to be presented before a Committee of Judges, as per the established practice of the Allahabad High Court. The respondent argued that these procedures, while time-consuming, were not intentional delays.
The CIC Order and Its Significance
The Central Information Commission (CIC) acknowledged that delays in disposing of RTI applications Allahabad High Court were a recurring issue, as noted in several previous orders. The CIC emphasized the need for streamlining procedures to ensure that statutory timelines, as mandated by Section 7 of the RTI Act, are not exceeded. While the CIC decided not to impose a penalty on the PIO in this specific instance, it expressed a strong hope that the competent authority within the High Court would review and improve its internal procedures. The aim was to prevent such inconveniences for information seekers and to avoid breaches of the statutory timelines. The CIC poignantly observed that High Courts are institutions expected to uphold the rule of law and the majesty of justice. It would be disheartening for citizens if such esteemed institutions were found lacking in implementing a popular and vital law like the RTI Act.
Key Lessons for RTI Applicants
- Lesson 1: Be Persistent with Delays: Even when you face significant delays, continue to follow up and raise your concerns with the appellate authorities, including the CIC. Your persistence can bring attention to systemic issues.
- Lesson 2: Understand Procedural Hurdles: While the RTI Act sets timelines, understand that some public authorities have complex internal procedures. However, these procedures should not be used as an excuse to violate the spirit and letter of the RTI Act.
- Lesson 3: Highlight Systemic Issues: If you encounter systemic delays or poor handling of RTI applications, clearly articulate these issues to the CIC. This helps in bringing these problems to the notice of higher authorities for reform.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or institution holds the information you need. For complaints against judicial officers, the High Court or the Ministry of Law and Justice might be the relevant authorities.
- Draft Your RTI Application Clearly: State your request precisely. Mention the specific complaint, the officer involved, and the information you seek regarding the action taken.
- Pay the Application Fee: Ensure you pay the prescribed fee of Rs. 10, as per the RTI Rules.
- Follow Up and Escalate if Necessary: If you do not receive a response within the stipulated 30 days (or 35 days if the application is transferred), file a first appeal under Section 19 of the RTI Act. If the first appeal is also unsatisfactory, you can file a second appeal with the CIC.
Sample RTI question you can use:
Please provide details of the action taken, if any, on my complaint dated [Date of Complaint] regarding the conduct of Mr./Ms. [Name and Designation of Officer], which was submitted to [Name of Department/Authority]. Please also provide copies of any relevant orders or decisions made in relation to this complaint.
Conclusion
This case serves as a reminder that the RTI Act is a powerful tool for citizens to seek accountability from public authorities, including higher judicial bodies. While procedural challenges can exist, the CIC’s intervention underscores the importance of timely information dissemination and adherence to the law. their rights and persistently pursuing their requests, citizens can contribute to a more transparent and responsive governance system in India.
