RTI applicant stumped, finds same official as PIO & appellate authority

Indian Express: Pune: Wednesday, August 27, 2014.

In what is being described as the “sheer mockery” of the RTI Act, the election branch of the Pune district collectorate is found to have delegated the authority of Public Information Officer (PIO) and the appellate authority to the same person.

The applicant, Shahid Raza Burney, who sought vital information regarding deletion of names in electoral rolls in the wake of an uproar during Lok Sabha elections over missing voters, said it could be perhaps the first case in the country where a PIO will hear the case against itself.”

“Unsatisfied with the reply for my RTI query from PIO, I filed the first appeal with the appellate authority. The Election branch letter dated August 23, asking me to attend the hearing for first appeal had taken me completely aback. It showed the name of appellate authority as PIO against whom I was going to complain”,” Shahid told Newsline, on Tuesday.

The August 23 letter mentions Tehsildar Seema Holkar as both PIO and appellate authority.

The RTI community has sharply reacted to th lapse on the part of the district collectorate.”

“The incident is a complete mockery of the RTI Act. It shows how casual the bureaucracy is towards the RTI Act and that these ‘babus’ are out to kill the RTI A”t,” civic activist Maj Gen (Retd) S C N Jatar said.

When contacted, Holkar said the lapse was because of changed duties of PIOs and appellate authoritie”.

“Earlier, Tehsildar used to be the PIO and Deputy district election officer the appellate authority. However, the latest administrative order has given the responsibility of PIO to deputy Tehsildar and that of appellate authorities to tehsildar. In effect, I am getting projected as both PIO and appellate authori”y,” she said.

Shahid, however, refused to buy argument. “If the district administration knew both PIO and appellate authority were going to be the same person, it should have taken measures to protect the spirit of the RTI Act. How can I expect justice to my RTI query which is in public interest,” he asked.

The district administration, in its mail to Shahid on Monday, assured that an inquiry will be immediately called and if required, corrective measures taken.