The Wire: New Delhi: Saturday, July 21, 2018.
New Delhi:
Taking exception to the “serious lack of knowledge and appreciation” of the
Right to Information Act shown by officers dealing with RTI matters at the
cabinet secretariat, the Central Information Commission (CIC) has issued an
“advisory” that a basic training programme on RTI Act be organised for its
officers dealing with such matters.
Cabinet
secretariat under direct charge of prime minister
The direction
assumes significance since the cabinet secretariat, which is under the direct
charge of the prime minister, is responsible for facilitating smooth
transaction of business in ministries and departments by ensuring their
adherence to the Government of India (Transaction of Business) Rules, 1961 and
the Government of India (Allocation of Business) Rules, 1961.
The reprimand
from central information commissioner Amitava Bhattacharyya has also come at a
time when the Narendra Modi government is facing flak from the opposition and
transparency activists for its attempts to dilute RTI Act by bringing in an
amendment to undermine the autonomy of the commissions by controlling the
salaries and tenure of all information commissioners.
Appellant
had filed plea before Cabinet Secretariat
The CIC
issued the directions while dealing with an appeal filed by Mohan Chandra
Misra, who had in December 2016 sought the action-taken report and the status
of his representation made with regard to the modification of the New Pension
Scheme and the issue of grant of post retirement medical services to retired
Food Corporation of India employees.
Bhattacharyya
recorded in his order that during the hearing, the respondent, assistant public
information officer of the FCI, submitted that they had never received the RTI
application filed in December 2016, but had filed a reply on the basis of first
appeal memo. The application had been filed with the cabinet secretariat, which
had forwarded it to the FCI.
Director
transferred appeal after lapse of three months
On perusal of
the case record, the CIC noted that the then under secretary and CPIO of
cabinet secretariat had sent a reply to the appellant merely stating that the
representation on the basis of which application was filed had been forwarded
to the office of the food and public distribution department for action.
However, as information was not supplied, the aggrieved appellant had filed the
first appeal. The first appellate authority, who was the director of cabinet
secretariat, had in his order taken into account the fact that the respondent
CPIO had not transferred the RTI application to the department of food and
public distribution within the mandatory period of five days from its receipt
as prescribed under Section 6(3) of the RTI Act.
But,
Bhattacharyya observed that even after taking into account this fact, the first
appellate authority by reasoning that does not find any support from any of the
provisions of the Act, directed the CPIO concerned to transfer the said RTI
application to the department of food and public distribution u/s 6(3) of the
RTI Act within five days. He said this meant that when the order of the first
appellate authority was issued, a period of three months had already lapsed.
The CIC
noted:
“The
director, cabinet secretariat should have taken into account the fact that u/s
6(3) of the Act, the application can be transferred only within a period of
five days from its receipt. However, the application was transferred after an
elapse of a period of three months. Moreover, the power to transfer any
application u/s 6(3) of the Act does not lie with the authority. This power can
be exercised under Section 6(3) of the RTI Act by only the concerned CPIO/PIO.”
‘Serious
lack of knowledge and appreciation of RTI Act’
Bhattacharyya
further stated that this incident “shows serious lack of knowledge and
appreciation of the Act by officers dealing with RTI matters at the cabinet
secretariat.” He therefore said “an advisory is issued u/s 25(5) of the RTI Act
to the secretary (coordination), cabinet secretariat for organising basic
training programmes for officers (CPIO/PIO and first appellate authority) and
staff dealing with RTI at the cabinet secretariat, without any delay.”
The
commission also demanded that its views be taken “seriously” and an
action-taken report on the implementation of this advisory of the commission be
submitted before it within a month. It also directed that a point-wise reply
complete in all respects be provided to the appellant by the CPIO.
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