Dealing with corruption can be frustrating, and often, citizens feel powerless. But the Right to Information (RTI) Act empowers you to seek answers and accountability from government bodies. This case highlights how you can use RTI to uncover information about committees formed to investigate corruption complaints, even when faced with unresponsive public authorities.
Background: What Information Was Sought
The RTI applicant had lodged multiple complaints about widespread corruption within the Western Regional Office of the Geological Survey of India (GSI). Dissatisfied with the lack of action or response, the applicant filed two RTI applications. Through these applications, they sought crucial information: details about the constitution of committees formed to examine their corruption complaints and the actions taken on the numerous complaints they had submitted. This information was vital to understand if their grievances were being addressed and .
How the Public Authority Responded
Unfortunately, in this instance, the Public Information Officer (PIO) of the GSI failed to provide any response to the applicant’s RTI applications. This complete lack of response is a common challenge faced RTI applicants, leaving them in the dark about the information they are legally entitled to access. Such inaction not only hinders the applicant’s right to information but also reflects poorly on the transparency and responsiveness of the public authority.
The CIC Hearing: What Happened
The matter eventually reached the Central Information Commission (CIC). The CIC noted that the applicant had a persistent grievance, particularly concerning promotions, and had been diligently pursuing their complaints through multiple RTI applications. The Commission critically observed that the PIO’s persistent failure to respond or provide complete and credible information was bringing the organization into disrepute. The CIC acknowledged the applicant’s consistent efforts and the apparent disregard shown public authority towards their RTI requests.
The CIC Order and Its Significance
The CIC delivered a strong order emphasizing accountability and transparency. Firstly, the Commission directed the GSI authorities to acknowledge and address the prevailing situation regarding the handling of complaints and RTI applications. More importantly, the CIC ordered the PIO to provide all the requested information in both RTI cases. This included copies of relevant file notings from the files where the applicant’s complaints were processed. Furthermore, the CIC mandated the disclosure of the entire file pertaining to the committees set up to examine the applicant’s case, including the reports submitted committees. Recognizing the blatant violation of the RTI Act, the Commission also issued a show-cause notice to the PIO under Section 20 of the RTI Act, asking why a penalty should not be imposed for this dereliction of duty.
Key Lessons for RTI Applicants
- Lesson 1: Persistence Pays Off: Even when faced with unresponsive PIOs, don’t give up. Pursuing your case through the appellate stages, including the CIC, can lead to justice and the information you seek.
- Lesson 2: Document Everything: Keep meticulous records of all your RTI applications, complaints, and any correspondence with the public authority. This documentation is crucial evidence if your case reaches a higher forum.
- Lesson 3: Focus on Specificity: Clearly state the information you require. In this case, the applicant specifically asked for details about committee constitution and actions taken, which helped the CIC understand the core of the request.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office is responsible for the issue you are concerned about.
- Draft Your Application Clearly: State your request for information precisely. Mention the specific committees, complaints, and actions you want details on.
- Submit Your Application: File your RTI application with the Public Information Officer (PIO) of the concerned department. Pay the requisite fee.
- Follow Up and Appeal if Necessary: If you don’t receive a response within the stipulated 30 days (or 35 days if it involves the PIO of a subordinate office), file a First Appeal. If still unsatisfied, you can file a Second Appeal with the Central Information Commission (CIC) or the State Information Commission (SIC).
Sample RTI question you can use:
Please provide details regarding the constitution and terms of reference of any committee(s) formed to investigate complaints of corruption submitted to [Name of Department/Office] between [Start Date] and [End Date]. Also, please provide copies of the minutes of meetings and the final reports, if any, submitted committees.
Conclusion
This case serves as a powerful reminder that the RTI Act is a potent tool for citizens to hold public authorities accountable. Even when faced with initial non-responsiveness, the persistence of the applicant and the intervention of the CIC ensured that crucial information regarding corruption investigations was brought to light. If you have submitted complaints about corruption or any other matter and are not receiving satisfactory responses, do not hesitate to use your right to information. Your proactive approach can lead to greater transparency and a more accountable governance system for all.
