Thursday, December 17, 2015

MSSIDC stonewalling an RTI query since 42 months

The Hitavada: Mumbai: Thursday, 17 December 2015.
Right to Information (RTI) Act makes it mandatory to supply information sought within 30 days, but Maharashtra Small Scale Industries Development Corporation (MSSIDC) has created a record of sorts by stonewalling an RTI query for 42 long months yes that’s right- for last 42 months, it has made an applicant to run from pillar to post, exhausted all quasi-judicial and even the highest judicial forum wasting public money, but refused to supply the information till date.
Interestingly, neither the High Court or even the Supreme Court found any merit in the petitions filed by the MSSIDC, but still the information sought has not been provided. Applicant Saurabh Agrawal moved RTI application on February 23, 2012 to MSSIDC asking two simple questions- Total loss suffered by MSSIDC due to coal-handling agent M/s Mohit Minerals Pvt Limited in WCL and SECL for the coal quota from July 2009 to March 2011.
The application was forwarded to Nagpur office on March 7, 2012 for necessary action. Despite repeated follow-up, the information was not furnished. Two months later, Nagpur office refused to supply information and applicant was asked to approach Mumbai head office again. This ping-pong continued for some more time and even the first appeal filed with appellate authority failed to evoke any response.
Frustrated by this approach, Agrawal filed second appeal with State Information Commission, which pulled up MSSIDC for infringing RTI provisions and directed MSSIDC on November 8, 2012 to give inspection of all relevant documents available in the office of MSSIDC. Initially some inspection was permitted, but all sensitive files were quickly moved in the chamber of Divisional Manager, Agrawal alleged in his complaint to SIC while pointing out delaying and denying tactics of MSSIDC. The SIC order directing inspection and denial by MSSIDC officials citing flimsy excuses went on for some time forcing the Commission on February 26, 2013 to pass a stern order directing inquiry and action against erring officers. This order was followed in breach and MSSIDC chose to move the High Court which directed on December 9, 2014 MSSIDC to conduct a preliminary inquiry to deal with the grievance of RTI applicant. few months later, even this order was challenged before the Supreme Court which dismissed the special leave petition of MSSIDC on November 20, 2015. Agrawal claimed that despite this, the MSSIDC has refused to supply relevant information to him, for reasons best known to officials.
With Central Government promoting voluntary disclosure by all government agencies and usher into era of transparency, the public sector undertakings like MSSIDC are harassing citizens and creating all sorts of obstacles to furnish a very innocuous information is astonishing, Agrawal lamented.