Another UP govt goof up exposed by RTI ?

Neha Shukla; TNN; Apr 13, 2011,

LUCKNOW: This could be another goof up of UP government exposed by the RTI. The government on September 20, 2006 notified the Allahabad high court (Right to Information) Rules, 2006. But the letter of registrar general, Allahabad high court, on the basis of which government notified the rules, is `not available'. The government said that it cannot provide the copy of letter to applicant because it does not have the letter. On the other hand, CPIO, Allahabad high court said that if an applicant can provide them the copy of the letter they can easily trace the original.

While PIO of law department said that no such letter by registrar general is available, letter written by the then principal secretary, law, UP, Ram Hari Vijay Tripathi on September 21, 2006 to registrar general, high court, Allahabad, said that in reference to his letter (no. 13633/2006-VII-f-259, dated September 15, 2006), notification for Allahabad High Court (Right to Information) Rules 2006 was issued on September 20, 2006. It is the same letter which has now become a centre of controversy.

"I wanted the letter because I wanted to know how were court's RTI rules framed," said Dixit. However, despite filing first appeals and complaint with UP State Information Commission (UPSIC), Dixit is yet to get the information. He had sought five-point information from the Public Information Officer (PIO), office of the principal secretary, UP government, Law department on May 1, 2010. Besides other things, he asked for the certified copy of the said letter.

The special secretary/PIO, Ajay Krishna Vishwesh on December 3, 2010 informed secretary, UPSIC, that the said letter is not available in the department and therefore it is not possible to give its certified copy. When the matter was heard again on Tuesday (March 29, 2011), he said that government had written to registrar general and registrar of the Allahabad high court to provide the information sought by the applicant under RTI latest by March 15.

In response to an RTI query, CPIO, high court, Allahabad, wrote to applicant on March 4, 2011 "you are requested to send the copy of letter no. 13633/2006-VII-f-259) so that it can be easily traced out in this office".

When contacted, Ajai Kumar, joint registrar (establishment) and CPIO, high court Allahabad, said, "we have provided most of the information to the applicant but to provide technical information (like this) we need permission of chief justice."

He also said that he has informed government about the status of the said matter. "Chief justice right now is out of station and as soon as he is back we will seek his permission to provide the said information," he said. Section 28 of the RTI act, 2005 allows competent authority the power to make its own rules for implementation of RTI provisions. "The high court is a competent authority and can make its own rules but it can not change the law. Also, court may or may not go for the consent of the government," said a former information commissioner Gyanendra Sharma.