Fined…but spared for ‘non-existence’

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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.