Times
of India: Lucknow: Friday, 04 December 2015.
Uttar Pradesh
Right to Information Rules, 2015, empowers RTI applicants in more ways than
one. An applicant, or any party to the proceeding, can seek transfer of
proceedings from the bench hearing it. Applicant will have to seek transfer of
hearing from the chief information commissioner. After considering the
comments, CIC can transfer the proceedings to another bench if he finds
sufficient ground for such transfer.
UP RTI Rules,
2015, were passed by the cabinet on Tuesday. SIC had prepared draft rules and
put it on its website seeking public suggestions. "We studied the
suggestions and found 30 to 35 of them substantive. We consulted over them
while we prepared the rules," said CIC Jawed Usmani.
Applicant or
any party to the proceeding can seek adjournment of hearing and CIC may grant
the same if it is just and sufficient. Besides, during the hearing on any
complaint or appeal, an applicant can withdraw it if allowed by the commission
or make amendments in his complaint, appeal or written statement in the course
of hearing.
If the
applicant or any party to the proceeding is aggrieved by an order of the
commission it can move an application to the commission voicing the grievance.
The commission may withdraw its order in case of procedural defects, like in
the case of commission passing the order without hearing the applicant for no
fault of his or commission hearing and deciding the matter on the date other
than the one fixed for hearing and applicant not being able to make it to the
hearing for this reason.
"So far,
we had only two rules regarding implementation of RTI in UP. One was the cost
and fees rule and the other pertained to procedure of filing appeals and
complaints. Now, we have comprehensive rules for systematic implementation of
RTI in the state," said chief information commissioner (CIC), UP State
Information Commission (UPSIC), Jawed Usmani.
The rules
have defined the procedure of filing an application. "Idea is to cut down
irrelevant and unnecessary correspondence between applicant and the public
information officer (PIO)," he said.
Considering
that recovery of fine is low at UPSIC, new rules lay down clearly how to
register and follow up cases where fine has been imposed on PIOs. Also,
recovery will have to be ensured.
The
proceedings pending before the commission on any complaint or appeal will abate
on the death of the complainant or appellant, as the case may be.
While
proceedings of the commission will be conducted in Hindi, a complaint or appeal
can be filed in either Hindi or English. In case of complaint or appeal filed
in some other language, a certified authenticated translation in Hindi or
English will have to be filed along with the original document.
Information
sought should not involve fresh collection of non-available data, require
hypothetical answers or answers to 'why'.
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