Are you concerned about unauthorized construction in your locality? Many citizens face this problem, and often, complaints to local authorities seem to disappear into a black hole. This is where the Right to Information (RTI) Act, 2005, becomes a powerful tool. This article breaks down a real RTI case where a citizen’s persistent efforts, aided RTI Act, led to crucial information being revealed about unauthorized construction and the inaction of a public authority. It highlights how you can use RTI to ensure accountability and get the information you are entitled to.
Background: What Information Was Sought
The case began when an individual filed a complaint with a municipal corporation regarding unauthorized construction in front of a railway station. Dissatisfied with the lack of response, the citizen decided to use the RTI Act. They filed an application seeking specific details: the current status of their complaint, the actions taken authorities concerning the unauthorized construction, the identity of the officer responsible for handling the matter, a certified copy of any action taken, and a copy of the sanctioned map from the municipal corporation.
How the Public Authority Responded
Initially, the Public Information Officer (PIO) provided a partial response, stating that no action had been taken on the property, no notices were issued, and the map was not sanctioned. This was far from satisfactory for the applicant. Following this, the applicant escalated the matter to the First Appellate Authority (FAA). The FAA, recognizing the inadequacy of the PIO’s reply, directed the PIO to re-examine the case and provide a complete, point-wise response based on available records. However, the applicant claimed that even after the FAA’s order, no proper information was furnished.
The CIC Hearing: What Happened
With the authorities still failing to provide the required information, the applicant approached the Central Information Commission (CIC). The CIC reviewed the case and directed the PIO to provide the information as per the FAA’s order. Crucially, the CIC also initiated proceedings against the PIO under Section 20(1) of the RTI Act, issuing a show-cause notice to explain why a penalty should not be imposed for the persistent delay and non-compliance. Furthermore, the Commission recommended disciplinary action against the PIO under Section 20(2) for their continuous refusal to furnish information despite multiple reminders.
During the hearing, the respondent (PIO’s department) claimed that they had sought the assistance of a Junior Engineer (JE) to provide the information only after the FAA’s order. The JE, however, stated that they never received the FAA’s order and therefore couldn’t be held responsible. The responsibility for implementing the FAA’s order was then traced to an Assistant Engineer (AE), who admitted to passing the order to a JE without proper review. The JE, in turn, suggested it was a routine practice for the AE to forward such orders to various JEs.
The CIC Order and Its Significance
The CIC critically observed that the information should have been provided promptly as per the FAA’s order, but it was only furnished after the intervention of the Information Commission. The Commission identified the AE as the responsible party for the delay and their irresponsible handling of the FAA’s order. The CIC strongly emphasized that, as per Section 19(5) of the RTI Act, the burden of proof lies with the Public Information Officer to justify the denial or delay in providing information. The CIC noted that the AE appeared to be expecting the CIC to act as a constant reminder service.
Holding the AE accountable for the significant delay, which extended beyond 100 days, and finding no reasonable cause for this delay, the CIC imposed the maximum penalty of Rs. 25,000/- on the AE under Section 20(1) of the RTI Act. This order sends a clear message that public authorities cannot shirk their responsibilities under the RTI Act without facing consequences.
Key Lessons for RTI Applicants
- Lesson 1: Persistence is Key: This case demonstrates that even when faced with initial resistance or inadequate responses, persistent follow-up through the RTI process, including appeals to the FAA and then to the CIC, can lead to the desired information and accountability.
- Lesson 2: Understand Your Rights: Knowing the provisions of the RTI Act, such as Section 19(5) (burden of proof on PIO) and Section 20 (penalties for delays and non-compliance), empowers you to navigate the process effectively and demand proper action.
- Lesson 3: Document Everything: Keep copies of your RTI applications, all correspondence with the PIO and FAA, and any orders issued. This documentation is crucial evidence if you need to escalate your case.
How to File a Similar RTI Application
- Identify the Concerned Authority: Determine which government department or local body is responsible for the area where the unauthorized construction is taking place.
- Draft Your RTI Application: Clearly state your requests. Be specific about the information you need regarding complaints, actions taken, and relevant documents.
- Submit the Application: Pay the requisite fee and submit the application to the PIO of the concerned authority.
- Follow Up and Appeal: If you don’t receive a satisfactory response within 30 days (or 45 days in cases involving life and liberty), file a First Appeal with the FAA. If the FAA’s order is not complied with, you can then file a Second Appeal with the CIC.
Sample RTI question you can use:
“Please provide the current status of my complaint dated [Date of Complaint] regarding unauthorized construction at [Address of Unauthorized Construction]. Also, please provide details of all actions taken department concerning this complaint, including copies of any notices issued, demolition orders, or other relevant documents. Please also provide the name and designation of the officer responsible for overseeing this matter and a copy of the sanctioned map, if available.”
Conclusion
This case serves as a powerful reminder that the RTI Act is a vital instrument for citizens to hold public authorities accountable. the process and remaining persistent, you can effectively seek information about issues like unauthorized construction and contribute to ensuring that government bodies function transparently and responsibly. Don’t hesitate to use your right to information to get the answers you deserve.
