Info panel sees through BEST move to hide info

DNA: Mumbai: Thursday, June 27, 2013.

The state chief information commissioner has come down heavily on a circular issued by Brihanmumbai Electric Supply and Transport (BEST) Undertaking, which, under the Right to Information (RTI) Act, refuses to provide applicants with information which is with them if it is over five years old.

DNA was the first to report about the circular in its March 24 edition. BEST had started declining information to applicants if the requested information was over five years old, citing the circular or even otherwise.

BEST Undertaking had issued the circular in 2008, instructing all electric supply divisions to “maintain records of the recent five years and scrap all old records”, in an attempt to “avoid controversy.”

In its order dated June 24, 2013, the information commission, besides giving several directives to BEST, stated: “It is surprising that a responsible organisation like BEST can come up with such a circular” besides giving several directives to the Undertaking. The hearing was held after the applicant Jeetendra Ghadge had filed a complaint taking objection to the circular. The order was passed by state chief information commissioner, Ratnakar Gaikwad.

Realising its mistake during the hearing, BEST had come prepared with another circular dated June 24, 2013, stating that it had withdrawn the 2008 circular. The commission, however, was not impressed. In the new circular, apart from the A category records (permanent), all others – B, C and D were to be kept only for five years. Hence, the new circular managed to save only the permanent records from its previous circular, as all other records would be destroyed after five years.

BEST has been asked to classify its records in as per the government’s criteria.

The commission also directed BEST to index the records and put them on their website as per the voluntary disclosure section of the RTI Act by July 31.

“Records have to be maintained as per the Maharashtra Record Maintenance Rules of 2007, and published on the net. The circular was violative and mindlessly released just to prevent information under the RTI Act. Even the present one is like that,” said Bhaskar Prabhu, intervener in the hearing.

The commission also directed BEST to conduct an inquiry against the official who issued the circular. It has also asked BEST to provide the details about all the people who were declined information based on the 2008 circular by August 31, 2013.

However, Ghadge reacted to this saying, “I feel the commission should have conducted the inquiry himself instead of asking BEST to do so. They might shield their officers.”

When contacted about the commission not being satisfied with both versions of the circular, OP Gupta, general manager of BEST, said, “The new circular was a reconfirmation of what we’ve been doing. We’ll satisfy the commission if they are not satisfied.”

Probe ordered;

The info commission has directed BEST to conduct an inquiry against the official who issued the circular. It has also asked BEST to provide the details about all the people who were declined information based on the 2008 circular by August 31, 2013.

BEST has also been asked to classify its records in as per the government’s criteria.