Many Indian citizens use the Right to Information (RTI) Act to get crucial information from government bodies. But what happens when, despite an RTI order, the information is still not provided, or penalties imposed are not paid? This article explores a real RTI case that highlights the challenges of enforcing RTI orders and what citizens can do when public officials fail to comply. Understanding this case can empower you to navigate similar situations and ensure your right to information is respected.
Background: What Information Was Sought
In this particular RTI case, an applicant had approached the President’s Secretariat. Their primary grievance was that they had not received any information, even after the Rajasthan State Information Commission had issued orders. Furthermore, the applicant complained that the Information Officers were not depositing penalties imposed on them and were disregarding the directions from the State Information Commission. The Public Information Officer (PIO) of the President’s Secretariat, however, stated that no information had actually been sought applicant from their department.
How the Public Authority Responded
The initial response from the PIO of the President’s Secretariat was that the applicant had not sought any information from them. This meant the PIO was essentially denying the premise of the applicant’s grievance concerning their department. The core issue raised applicant was not just about receiving information, but about the non-compliance of existing orders from a State Information Commission and the failure of officials to pay imposed penalties.
The CIC Hearing: What Happened
The matter eventually reached the Central Information Commission (CIC). During the hearing, the appellant presented a significant point: they argued that the RTI Act itself seemed to lack a specific provision to deal with situations where Information Officers fail to comply with the orders issued Commissions. The appellant’s intention was to seek an amendment to the law, suggesting that the President of India should initiate changes to address these deficiencies. They believed the Act was deficient in providing a remedy against such non-compliance.
The CIC Order and Its Significance
The CIC acknowledged that the appellant’s grievance was indeed genuine. The Commission recognized that it was a common problem where Public Information Officers often failed to implement the directions given Commissions, there to deny information seekers the information they were entitled to. However, the CIC stated that there wasn’t a direct, specific provision within the RTI Act to penalize or force compliance in such a scenario. The Commission suggested that Information Commissions could ensure the implementation of their orders through continuous monitoring of non-compliance cases and pursuing the erring Information Officers. The CIC advised the appellant to go back to the Rajasthan State Information Commission and bring the non-compliance of their own orders to their attention. Ultimately, the CIC rejected the appeal against the President’s Secretariat, as they found no information to disclose in that particular instance related to the appellant’s original request.
Key Lessons for RTI Applicants
- Lesson 1: Escalation is Key: When an Information Commission issues an order and it’s not complied with, your first step should be to go back to that same Information Commission. They have the power to take further action on their own orders.
- Lesson 2: The RTI Act’s Limitations: While the RTI Act is powerful, it may not always have a direct, explicit clause for every conceivable failure of compliance. However, the existing penalty provisions (like Section 20) and the inherent power of Information Commissions to enforce their rulings are significant tools.
- Lesson 3: Persistence Pays Off: The CIC’s suggestion of continuous monitoring indicates that persistence is crucial. If your RTI requests or Commission orders are not being honored, keep following up with the relevant authorities.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or office is responsible for the information you need or for enforcing the order that has been ignored.
- Draft Your RTI Application Clearly: State your request precisely. In cases of non-compliance, clearly mention the previous order (if any) and the fact that it has not been implemented.
- Refer to the RTI Act: While there might not be a specific section for non-compliance of orders, you can refer to the spirit of the RTI Act and the powers of the Information Commissions.
- Follow Up and Appeal: If you don’t get a satisfactory response or if the order remains unfulfilled, be prepared to appeal to the higher appellate authority and then to the Information Commission (as advised in this case).
Sample RTI question you can use:
Under Section 18 of the RTI Act, 2005, I wish to bring to your notice the non-compliance of the order dated [Date of Order] passed [Name of State Information Commission] in Complaint/Appeal No. [Appeal/Complaint Number]. Please provide details of the action taken against the erring Public Information Officer for non-compliance and the steps being taken to ensure the implementation of the said order and provide the information as directed.
Conclusion
This case, while highlighting a potential gap in the RTI Act regarding the direct enforcement of orders, also underscores the proactive role Information Commissions can and should play. As an RTI applicant, remember that the Act provides mechanisms for accountability. If you encounter non-compliance, don’t get discouraged. Utilize the appeal process, keep records of all communication, and persist in seeking the information you are rightfully entitled to under the RTI Act.
