Business Standard: National: Friday,
May 20, 2016.
The Central
Information Commission has directed the NGT to amend its RTI rules and not
charge more than Rs two per page for providing photocopies of documents sought
under the transparency law even as it recommended disciplinary action against
its Assistant Registrar for rejecting such applications.
Information
Commissioner Sridhar Acharyulu also directed the National Green Tribunal to
train all its officers to understand and implement the RTI Act, saying it will
prevail over all other legislations as per the Section 22 and Section 8(2) of
the Act.
The case
related to one Girish Mohan Gupta who sought from the NGT a copy of its order
dated January 19, 2015 by which it banned parking of cars on tarred roads in
Delhi and wanted to know if this rule was binding on Delhi Traffic.
The NGT had
refused to furnish information, saying it cannot be provided unless the
appellant impleaded himself as a party to case.
"They
also contended that the applicants shall pay Rs 20 as basic fee and Rs five per
page of the order as per NGT Rules, and refused to give copies at Rs two per
page according to RTI Act and Rules.
"According
to RTI Act and Rules, the public authority cannot charge more than the cost of
the copying documents, which is fixed at Rs two per page," Acharyulu noted
in the order.
Citing
statement of the Central Public Information Officer of NGT, Acharyulu said
several RTI applications are coming up for copies of documents including
judgements and inspection of files etc, which the Registrar General and
Assistant Registrar are refusing as they are not parties to cases or demanding
more fee.
The
Commission also issued a show cause notice to NGT Assistant Registrar S S
Mishra considering him deemed Public Information Officer who, it said, was
found obstructing the delivery of information, refusing to follow the process
prescribed under RTI Act and also recommend disciplinary action against him for
repeated breach of RTI Act.
"As per
the powers under Section 19(8) RTI Act, the
Commission
requires the public authority to amend their practice of denying access to
non-parties, charging fees higher than prescribed under RTI Rules, and directs
not to charge more than Rs two per page for copy of the document sought under
RTI Act," it said.
Acharyulu
directed the NGT to train all its officers to understand and implement the RTI
Act, which will prevail over all other legislations as per Section 22 and
Section 8(2) of the Act, as they cannot refuse the information or inspection on
the pretext that appellant is not party to the case before NGT, they also
cannot insist the applicants to implead as parties for copies or inspection.
"This is
a legal obligation of public authority under Section 4(1)(b) of RTI Act, 2005,
which cannot be ignored anymore.
"As the
initial period allowed to implement this provision was over long ago, the
Commission directs the public authority to alter the rules regarding fee for
furnishing documents under Sections three and four to seven of RTI Act, not
charging more than Rs two per page, immediately," he said.
.JPG)
.JPG)
