Indian Express: Pune: Sunday, August 04, 2013.
For a state that played a key role in the passage of the
Right to Information Act (RTI) in 2005, now the very existence of the Act in
Maharashtra seems to be in danger.
According to the seventh annual report of the Information
Commissionerate, the lack of proper mechanism to implement the penal orders
passed by the State Information Commissioners (SICs) has taken a toll on the
effectiveness of the Act. The report was tabled in the Assembly earlier this
week.
The annual report includes details of applications and
first appeals received under RTI Act at various government offices. It also
details the number of second appeals received at the SIC level in the state.
The report is tabled before the state legislature as per section 25 of the Act.
The report also gives details of the amount of fine levied
and the action taken by the information commissioners against Public
Information Officers (PIOs) and First Appeal Authorities (FAAs) in 2012. The
report is considered to be a cornerstone in the implementation of the RTI Act
in the state.
The reports states that lack of any mechanism with the
SICs to monitor implementation of fines, penal actions and other punitive
measures ordered against erring PIOs and FAAs stymies the Act’s proper
implementation.
According to the report, the SICs had ordered fine of
more than Rs 32 lakh in 343 appeals and disciplinary action in 443 cases. “The
order of the commission was not carried out. It is expected that the fines be
recovered from the salary of the officers who are fined by the accounts
department. But that has also not been done. In case laxity in carrying out the
orders, the importance of the Act stands compromised,” the report stated.
Aruna Roy, former National Advisory Council member, sees
this as yet another trick by the government to weaken the RTI Act. “The report
is a clear indication of the government’s lack of transparency, accountability
and absolute apathy towards governance. They would have to pay a heavy price
for this in the coming elections,” she said.
However, RTI activist Vijay Kumbhar puts the onus of
failing to implement the orders on the commissionerates. “Under section 18 of
the Act, the SICs have powers to compel the government to follow their orders.
Before blaming the government, the commissioners should use their powers in
totality,” he said.
Kumbhar said in the past some commissioners had taken
steps to ensure their orders are implemented. “That should become the norm
instead of the commissioners relaying on the government,” he said.