HC raps information commission for its poor communication system

The Times of India: Ahmedabad: Sunday, October 28, 2012.

The Gujarat Information Commission has been rapped by Gujarat high court (HC) for its poor communication process and maintenance of records.

Justice K M Thaker pulled up the information commission for "lack of system of maintaining records". The HC issued a word of caution and asked the commission to follow certain procedure in issuance of notice and maintenance of records.

This happened when a litigant complained before the HC that the information commission slapped a penalty of Rs 25,000 for his inaction in furnishing information, but without intimating him about proceeding on the appeal.

In this case, one Shailesh Patel sought details from Indrasinh Zala, principal of a school, under the provisions of Right to Information Act, 2005. Zala as a public information officer of the school did not furnish information, and this brought Patel to the information commission.

On Patel's appeal, the commission issued notice to Zala and the proceedings were rescheduled on a couple of occasions. Finally, the commission took up the case on June 6 last year, but Zala remained absent. The commission held Zala guilty of violating the law by not furnishing information to Patel and fined him Rs 25,000.

Zala moved the HC complaining that the commission completed proceeding without hearing him. The commission showed documents that it had sent a notice, which Zala never received. The HC asked the commission to initiate the proceeding once again, and decide on penalty later. However, the HC also took note of the fact that Zala has not supplied information till then.

However, the high court thought it fit to give certain suggestions to the commission. "It appears necessary and appropriate to put a word of caution and suggestion to the commission that it is because of commission's system of dispatching notice of hearing and because of its lack of system of maintaining record of service of notice that such situation arise... Hence, the Commission should forward every and all intimations to the contesting parties by registered post as a regular procedure and it should maintain a proof of service of intimations."