Times
of India: Nagpur: Monday, 16 February 2015.
State
Information Commission (SIC) has complained to the general administration
department (GAD) that the state government's public sector undertakings (PSUs)
are not following its orders. It has stated that the PSUs are not taking action
against the guilty officers under Section 20(1) of the Right to Information
(RTI) Act. Under this section fine is deducted from the salary of the guilty
person.
Taking
cognition of the complaint, GAD has sent a communication to all PSUs warning
them to take action on SIC directives. It will be responsibility of the public
information officer (PIO) and first appellate authority to ensure that SIC directives
are enforced within the stipulated time.
The letter
states that as per Section 18(3) of the RTI Act the SIC has powers of a
criminal court while investigating a complaint filed with it. The powers are
same as that given to courts under Criminal Procedure Code, 1908. Similarly,
Section 19(7) of the RTI Act states that following orders of SIC are mandatory.
The SIC order can be issued in both cases, that of a complaint and second
appeal. Complaints are lodged when the concerned agency does not follow the
order of the SIC.
The PIO and
the first appellate authority must inform the drawing and disbursement officer
of the undertaking, who is responsible for disbursing salaries of the
employees, and the head of the department. The two officials have the power to
deduct fine amount from the salary of an employee and also stop disbursement of
salary.
However, the
responsibility of deducting fine from the salary of the guilty officer will be
of salary disbursement officer. The fine can be deducted at the most in three
instalments. In case the SIC has asked the agency to file a compliance report
then it should be done without fail by the disbursement officer.
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