Notice to official for failing to furnish details under RTI Act.

Times of India: Bosco Daminiquel: Puduchery: Saturday, January 20, 2018.

Central information commissioner Divya Prakash Sinha has issued a show cause notice to the Oulgaret municipal commissioner M S Ramesh, questioning why action should not be taken against him for violating the provisions of the RTI Act, by failing to furnish information within the stipulated time.

Sinha, in the order dated January 10, directed Ramesh to furnish information sought by the RTI activist P Raghupathy within 15 days of receipt of the order, and send a compliance report to the commission.

He warned that the commission will initiate action against him if he failed to furnish a written submission to the commission within 30 days from the date of receipt of the order.

Raghupathy filed an RTI on July 8, 2016, seeking Ramesh, who is also the public information officer of Oulgaret municipality, to provide details on the allotment of two shops in the market area to a Congress MLA M N R Balan, where he has opened his office in the commercial premises. Ramesh failed to furnish information within the stipulated time and Raghupathy filed an appeal before the first appellate authority- director (local administration) L Mohamed Mansoor, who passed an order on November 24, 2016 directing Ramesh to furnish information within a week's time.

However, Ramesh failed to honour the first appellate authority's order. The activist filed a second appeal on January 6, 2017 before the CIC, which heard the case through video-conferencing and passed an order on January 10 this year. Ramesh did not appear for the hearing.

Sinha pulled up Ramesh for failing to appear for the hearing. "He (Ramesh) has not provided any reply to the appellant (Raghupathy) despite the FAA's (first appellate authority) order. The conduct of PIO amounts to gross violation of the provisions of the RTI Act. It also raises a reasonable doubt that the denial of information is with malafide intent," Sinha observed.

The commission observed that the issue involved public interest as serious allegations have been cast upon the public authority for allowing misuse of public utility premises earmarked for commercial use. "The outright violation of the statutory provisions of the RTI Act by the PIO cum municipal commissioner reflects a very alarming state of affairs in the Oulgaret municipality office," he said.

Sinha also marked a copy of the order to chief secretary Ashwani Kumar to take note of the adverse remarks against the official and take corrective steps. Raghupathy questioned why the civic body permitted the MLA to set up his office in the market area, besides seeking details about the expenses incurred in furnishing the office and the quantum of rent and copies of agreements if any between the civic body and MLA or others.