Times
of India: Chandigarh: Thursday, 27 November 2014.
Can an
applicant under the Right to Information Act, 2005 seek translations of
government texts in Punjab? The tricky question generated much heat in the
Punjab State Information Commission in a recent case last week.
In a case
related to land acquisition titled 'Naib Kaur versus Punjab Housing and Urban
Development, New Oustee Policy (Policy related to compensation to the
individuals)', the applicant sought translations of certain paragraphs of the
government order from English to Punjabi, besides wanting to know if the policy
applied to her as well.
"It was
startling that the said three passages, of which the complainant was seeking
Punjabi translation, were of just 150 words and the entire New Oustee policy
not more than 1,000 words," said the initial order of the commission
passed by state information commissioner Surinder Awasthi.
The case also
revealed other startling facts such as the department had no designated public
information officer for nearly six months ending March, for which a notice was
sent to Venu Prasad, secretary, department of housing and urban development, to
clarify as to who had been discharging the duties of PIO during the contentious
period.
"The
respondent deemed the PIO has stated that the PIO is not legally obliged to get
any policy translated into Punjabi, which is the official language of the
state. The contention of the deemed PIO is that the Punjabi version of the
policy can't be supplied as it is not available. Thus, getting it translated in
Punjabi would be creation of information which is not mandated under RTI
Act," reads the order.
"The
information seeker was not demanding a moon, but a mere translation of three
paragraphs and it did not entail a rocket science but required simple
translation skill which almost every government officer in Punjab is expected
to have," it adds.
However, the
full bench of the commission later held a different view and ruled, "The
PIO is required to supply the 'material' in the form as held by the public
authority and is not required to do research on behalf of the citizen to deduce
anything from the material and then supply it to him or her."