Indian Express: Pune: Thursday,
October 24, 2013.
In
the last six years, though over 200 public information officers have been fined
up to Rs 25,000 for not providing information within the stipulated time period
under the Right to Information Act, it remains unclear how many of them have
paid the fine amount.
The
Pune Bench State Information Commission says its order, directing payment of
fine for delaying information, has limitations, as it deals only with imposing
fines and not ensuring compliance of the directives.
“The
SIC bench can impose a fine on public information offices for delaying
information, but it does not have the power to seek compliance of the orders,”
said M H Shah, State Information Commissioner of Pune bench. This, say RTI
activists, sends out the wrong signal that the RTI Act is a feeble law and
that officers can get away with not paying the fine.
“Actually,
the SIC should seek compliance of its orders. Otherwise, what is the use of
imposing a fine? Is it imposed for the sake of imposing?” asked RTI activist
Vijay Kumbhar, who said he had a long argument with Shah on the need to seek
compliance of the SIC directives imposing the fine.
Kumbhar
said that around four years back, the Bombay High Court had made it clear that
the constitutional authorities should seek compliance of their orders. “The
high court had set the record straight regarding compliance of the orders
issued by constitutional authorities. The SIC is a quasi-judicial authority.
And if it does not seek compliance of its orders, then its very existence
raises questions,” he said.
If
not the State Information Commission, then who is supposed to seek the
compliance? Shah said the copy of the order is sent to the PIO as well as the
head of his department.
“The
head of the department has to ensure that SIC directives are complied with and
the amount of fine has to be paid in the government treasury,” Shah said.
Though
the RTI Act came into being in 2005, the Pune bench of the State Information
Commission was set up in 2007. Till December 2012, 226 PIOs have been fined an
amount ranging from Rs 250 to Rs 25,000 in the last six years for delaying
information to the RTI applicant. For every day of delay, a fine of Rs 250 is
imposed. The SIC bench can imposed a maximum fine up to Rs 25,000.
Raviraj
Phalle, deputy secretary at Pune SIC bench, said compliance of SIC’s orders has
been done in some cases. “We are still collating the information and should be
ready with in a few days time when we would know how many PIOs have paid the
fine amount,” he said.
Kumbhar
said come what may, the SIC Pune bench cannot shirk its responsibility of
seeking compliance of its orders. “When the Central Information Commission is
doing it, when the State Chief Information Commission is doing, what is
stopping the Pune bench from seeking compliance of its orders?” he asked.
Kumbhar
said Section 32 of the Civic Procedure Code bestows several powers on the SIC.
“Under Section 32 of Civil Procedure Code, the SIC can issue a warrant as well.
Recently, in Manipur the SIC had issued a warrant against the government
officials. Therefore, the Pune bench SIC should assert itself under the law and
get full compliance of its orders,” he said.