Thursday, December 28, 2017

Principal faces action for sending ‘intimidating’ reply.

Times of India: Chandigadh: Thursday, December 28, 2017.
Irked over the "intimidating" response from a state public information officer (SPIO) of a government school in Haryana regarding supply of information under the RTI Act, the state information commission has asked the additional chief secretary, school education, to take action against her. The official against whom the action has been ordered is the principal of government girls' senior secondary school (GGSSS), Bhim Nagar in Gurugram.
In a communication to the state information commissioner on November 28, the SPIO-cum-principal had informed the commission, "Keeping your constitutional status into consideration, the available information is given in annexed pages. If any misuse of information will take place in future, the onus of blame will be borne at your end."
Finding the SPIO's response highly offensive, state information commissioner Hemant Atri has observed, "The SPIO has tried to intimidate the commission by using such objectionable language which does not behove a government employee". The commission also found that she had not even send any information and the information provided by her contained only the "intimidating" reply.
Taking exception to the SPIO's response, Atri observed that the commission was very well within its rights to issue directions as per provisions of the RTI Act and no SPIO and first appellate authority could hold the commission responsible for anything which had been done to meet the ends of justice.
"An inquiry under Section 20(2) of the RTI Act, 2005, is hereby recommended to the ACS (school education), Haryana, and action be initiated against the principal, GGSSS, Bhim Nagar for using intemperate language. Action can be taken against her under relevant service rules and compliance in this regard, along with the action taken report, should be sent to the commission at the earliest, preferably within two months", Atri has observed in a detailed order. The state information commissioner has passed the order while disposing of an RTI appeal filed by a resident of Ambala district.
The appellant had approached the state information commissioner after some 'personal' information sought by her from the school was denied by the principal. The info commissioner on October 25 had asked the principal to furnish information to the appellant through registered post within seven days from the receipt of the order. The commission also directed the principal to be present in person on December 21 before the commission.