Free
Press Journal: New Delhi: Monday, 15 February 2016.
In a
controversial order, newly appointed Chief Information Commissioner R K Mathur
has rescinded a directive of former chief Satyananda Mishra saying it was
‘rendered in ignorance of the statutory provisions’ and was not binding.
The case
relates to an RTI application filed by activist Subhash Agrawal on October 7,
2013. The Supreme Court responded to it on November 16, 2013 (after 30 days
mandatory period) asking for Rs eight to supply records related to movement of
his RTI petition.
Not getting
satisfactory response to his questions, Agrawal appealed before the CIC on
various grounds including the demand of Rs eight as fee by the Supreme Court.
To buttress his arguments, he cited order of Mishra, section 7(6) of the RTI
Act and also circular of Department of Personnel and Training to public
authorities.
The then CIC
Mishra had told the Home Ministry that its demand of Rs two for providing copy
of one page of information might be correct ‘technically’ but not prudent to do
so as much more public money is lost in correspondence.
He had asked
the CPIO to keep these observations in mind. In his order, Mathur quoted
section 4 of the RTI Rules, 2012 to say that Mishra’s order is “per incuriam in
as much it was rendered in ignorance of the statutory provisions mentioned
above and is not binding on this Commission. Hence, the CPIO’s demands for
copying fee do not have any flaw”.
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