Times
of India: Bhopal: Saturday, 11 July 2015.
The third
party clause of the RTI Act empowers PIOs to withhold or deny information to
protect confidential and personal details of citizens. While RTI crusaders and
activists are crying foul over misuse of the clause by PIOs to deny
information, a most recent order by chief information commissioner KD Khan on a
RTI query seeking details of house rent and travel expenses of Lokayukta PP
Naolekar has kicked up dust. The order has raised eyebrows over use of third
party clause and transparency in RTI Act when it comes to high-ranking public
servants.
In the order,
CIC KD Khan has put the RTI query by activist Ajay Dubey seeking details of
travel expenses and house rent of Lokayukta Justice PP Naolekar from 2009-2011
under third party clause of RTI, under which the PIO can take shelter to deny
information. As per the order, CIC has asked PIO Manisha Sethiya to ask
Lokayukta PP Naolekar whether he wants to disclose the information or not.
The order is
against the tool of transparency because section 4 (1) (B) of RTI Act makes it
compulsory for public authorities to disclose travel plans to public. Also
under section 4 of the Act, which is proactive disclosure of information,
disseminating data is mandatory. A circular published by DoPT (department of
personnel training) on September 11, 2012, clearly directs government servants
from PM, ministers to senior public authorities to disclose travel plans and
expenses online. A copy of the circular was sent to all chief secretaries of
state for implementation.
"The RTI
query was filed in 2009 and got a hearing finally in January 2015 after an
appeal in 2012, displaying the snail's speed at which RTI queries are taken up
in commission. After taking charge, the Lokayukta would to live in a private
bungalow for few months. In the RTI query, details of the house rent were
sought. But the information was denied by PIO on grounds that desired documents
are under the charge of Lokayukta himself. This contention is baseless because
travel documents are maintained by the finance department. Also,
anti-corruption ombudsman had disclosed travel expenses of PP Naolekar in 2013,
but has refused to reveal now. CIC has ordered compliance of this order within
five days of Lokayukta receiving it. I have filed a notice to PIO with the copy
of the order, requesting to issue a notice to PP Naolekar under section 11 of
RTI Act," said Ajay Dubey.
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