Indian Express: Chandigrah:
Thursday, October 03, 2013.
For showing a
‘rigid and narrow mindset’ that ‘does not support transparency in the
functioning of public authorities’, the Central Information Commission (CIC)
has berated the conduct of Upkar Singh, former Director Public Instructions
(DPI), schools.
So much so
that the Chief Information Commissioner Deepak Sandhu recommended disciplinary
action against Upkar Singh. The PCS officer has earned wrath of the CIC for
denying information to a teacher demanded by her under the Right to Information
Act.
Peeved with
Singh’s conduct, the Commission has recommended his immediate removal from the
post of First Appellate Authority (FAA), Education Department. The Commission
has held that Singh needs to be given training under the RTI Act. Also, the
Commission has imposed a fine of Rs 5,000 on the UT Education Department for
harassing her own teacher.
The
directions have been passed on an appeal filed by Sangeeta Rani, a headmistress
in a local school. Rani had sought information under Right to Information, on
November 11, 2011 from the District Education Officer (DEO), Chandigarh
Administration. Rani had sought information pertaining status of her case
relating to anomaly in pay.
On Novemer
29, 2011 the DEO had furnished the requisite information. Not satisfied with
the reply, she approached the DPI schools on December 12, 2011 who is the first
appellate authority but to no avail. She then approached the Commission on
January 25 seeking directions to decide her appeal.
The
Commission in July last gave two weeks time to the DPI to decide Rani’s appeal.
Much to her chagrin, her case was not decided. She again approached the CIC on
September 17, 2012. Surprisingly, the Education Department in its defence took
the ground that neither it had received Rani’s application nor it had received
the Commission’s orders.
However, the
department’s lie was nailed by Rani after she produced a copy of the receipt of
e-Jan Sampark Centre and other documents to prove that her appeal and
Commission’s orders were received by the department.
Rani further
alleged that ‘in violation of directions of the Commission’, she was never
called for hearing by the DPI. Shockingly, the DPI asked her to appear for
hearing after a year, as alleged by Rani.
Recording
contentions of both the parties, the CIC rubbished the ground taken by the
Education Department that it had not received Rani’s appeal and Commission’s
orders. The CIC has issued show cause notices to the concerned Central Public
Information Officer (CPIO) and other official who received the RTI application
to “show cause why penalty should not be imposed upon him/her for not having
provided information within the time frame prescribed under the RTI Act”.
The concerned
officials have been directed to appear before the Commission in second week of
November. Commenting on the conduct of DPI, the CIC has ruled, “Such an
approach is contrary to the true spirit of the RTI Act and is indicative of a
very narrow and rigid mindset which does not support transparency in the
functioning of public authorities.” Recommending removal of Upkar Singh from
the post of FAA, the CIC ruled out that Singh be ‘provided training’ as per
relevant provisions of the RTI Act. The Commission has taken strong note of the
‘mental and physical harassment suffered by the teacher’ and that she had to
“run from pillar to post in order to obtain the requested information without
any success for the last almost two years.”
Imposing a
penalty of Rs 5,000 on the department, the CIC has directed that information
demanded by Rani be furnished within two weeks.
.JPG)
.JPG)
