Times of India: New
Delhi: Saturday, June 24, 2017.
In an order that reiterates the importance of the public
information officer, the CIC has said that the PIO is not just a "despatch
clerk" or "post office", but plays a "crucial" role.
The strictures came during the hearing on an appeal filed by an RTI applicant
at the Indian Statistical Institute (ISI). The applicant had asked for
information related to a professor and another scholar, both of whom the
applicant alleged had plagiarised his work.
The appellant in his complaint had alleged that the
requested information had not been shared with him, and that the cheif information
officer of the public authority, ISI, had simply passed on the statement of
Director of the institute. The appellant also said that ISI did not inform him
whether there was any action or any inquiry upon his complaint.
Commenting on the actions of the public information
officer, information commissioner M Sridhar Acharyulu said, "The PIO
claimed that he was an administrative officer and had nothing to say on
academic matters, and thus he simply forwarded whatever the Director gave. The
PIO plays a crucial role in making the right to information for the citizens as
a reality. He cannot just leave it to the other officers, but decide what
information could be given to the appellant." Acharyulu went on to add
that the PIO is not just a "despatch clerk or post office". "He
has to take decision after duly applying his mind," said the information
commissioner, adding that the RTI Act had clearly laid down the duties and
obligations of a public information officer. According to Acharyulu, the RTI
Act envisages the public information offcier to act in a "just and speedy
manner", providing accurate information to the applicant in time without
discrepancies. "Inaction of the PIO is an infringement of the Right to
Information vested in the citizens of the country," added the information
commissioner.
Acharyulu also came down on the Indian Statistical
Institute, saying that prevention of misconduct is the general responsibility
of the public authority. "The Institute should have acted upon the
complaint and informed him whether his complaint was considered to be taken up
for inquiry or was rejected, if so the reasons thereof; if inquiry was ordered,
what is the status of that inquiry," observed Acharyulu, adding,
"Based on the contentions of the parties, the Commission assumes that
there is no such inquiry. Hence, the Commission exercising its powers under
Section 18(2) of RTI Act, direct the public authority to conduct an inquiry
into the matter and send the report to this Commission."