Times
of India: Nagpur: Tuesday, 04 August 2015.
The state
Information commissioner Vasant D Patil has issued a show cause notice to the
public information officer and appellate authority of Regional Transport Office
(Nagpur city) asking why a Rs 25,000 penalty should not be imposed on him for
deliberate violations of RTI Act provisions by denying information to an
applicant.
SIC has
upheld and allowed the second appeal filed by Avinash Prabhune under RTI Act
and directed RTO Nagpur to provide information as information sought by him was
neither confidential nor a third party information. SIC confirmed that public
information officer (PIO) had deliberately violated provisions of Section 7(1)
of RTI Act 2005. Assistant RTO Dattatray Sangolkar, who is also PIO, has to submit
explanation within 30 days to the SIC.
SIC also
confirmed that First Appellate Authority (FAA) had also deliberately violated
the provisions of Section 19(6) of RTI Act 2005 and issued show cause "Why
disciplinary action as per Section 20(2) should not be initiated against Vijay
Chavan, deputy RTO. The first appellate authority has to submit explanation
within 30 days to SIC."
On December
27, 2012, Prabhune had applied for his renewal of driving licence to the city
RTO. Though the RTO had issued licence it had mistakes. Despite complaints, the
city RTO did not correct the mistakes and instead advised Prabhune to submit an
application to issue a fresh smart card. In September 2013, Prabhune filed a
consumer complaint at the consumer court Nagpur and the matter is sub judice.
During the course of hearing, RTO Nagpur had filed an reply before the court
that actions have been taken on erring employee and amount has also been
recovered from the employees concerned.
In the
meantime, Prabhune filed RTI application on August 25, 2014, seeking details
about action taken against erring employees. But PIO refused to provide
information claiming exemption for providing information being the third party.
Prabhune preferred appeal on October 12, 2014. Appellate authority was under
legal obligation to dispose of the matter within 30-45 days but it conducted
hearing on January 14, 2015, and did not pass any order.
Prabhune then
approached the state information commission, Nagpur, early this year.
After hearing
both sides and verifying documents on records, State Information Commission,
Nagpur Bench, on July 23 confirmed deliberate violations of RTI Act provisions
by Public Information Officer and Appellate Authority, RTO Nagpur. SIC allowed
the second appeal filed by Prabhune and directed RTO Nagpur to provide
information as information sought by him was neither confidential nor third
party information. As per the directions of SIC, the compliance of orders is to
be ensured within 30 days from the receipt of the Order by RTO Nagpur.
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