Friday, September 14, 2012

Fined but spared for non-existence ( a typical case in the history of RTI )

 
 
Fined but spared for non-existence

Neha Shukla TNN

Lucknow: In an interesting revelation on the functioning of the Right
to Information (RTI) Act in Uttar Pradesh,the State Information
Commission (SIC) has slapped a fine on an officer,who,the department
concerned says,never existed.

The matter pertains to the UP Pollution Control Board (UPPCB).While
disposing one of the complaints against the board,the commission
slapped a fine of Rs 25,000 on one of its officers,SP Mishra.At the
time of the recovery of fine,the PCB went on denial mode stating that
the said officer never worked with the board.

The matter was dismissed by the commission.Going by the RTI rule
book,fine can be imposed on the Public Information Officer (PIO) of
any government department for providing incomplete,incorrect and
misleading information,but,in this case,whether the said officer was a
PIO or had held some other position in the department is not known as
official records do not contain the details of the officer.

While it is difficult to say if it's the commission which got the name
of the "defaulter"wrong,or the board was fighting shy to pay the
fine,the information provided by the Administrative Reforms Department
(ARD),which is the nodal department for RTI implementation in UP,casts
a doubt on functioning of the RTI Act in the state.Though officers at
the commission said they cannot comment till they know what the case
was,as proof of how erring government departments are easing their way
out of the fine imposed on them for flouting RTI provisions.

The commission,till March 2011,has slapped a fine of Rs 18.5 crore and
there were at least 821 cases in which fine was not recovered by the
state.Taking note of the poor recovery,Rakesh Kumar,joint secretary,UP
government has written to all the secretaries/principal secretaries to
make available to the government details about the fine recovered by
their departments in RTI matters from PIOs in their departments.The
letter dated September 6 and addressed to all the government
departments also mentions that the chief secretary has ordered to hold
a meeting of all the departments to review the recovery made by them
in this regard.The departments have been asked to furnish the details
within a week's time.

Going by the RTI rule book,a fine of Rs 250 per day (till the
information is provided and which cannot exceed Rs 25,000) is slapped
on the Public Information officer (PIO) for giving
incomplete,incorrect or misleading information.The recovery,if made on
time,could have brought revenue to the state crores of rupees.In
January,RTI activist Urvashi Sharma,had sought information from the
chief secretary's office about the recovery of fine made by the
state,but the office could not provide complete details as it did not
have the same.

 
 
 
 
 
 
 
 
 
 
 
 
 

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