Tuesday, July 31, 2018

SIC not following RTI Act vis-a-vis ensuring compliance to penalties

DNA: Mumbai: Tuesday, July 31, 2018.
The state information commission (SIC), which is supposed to ensure implementation of the RTI Act, has allegedly not been following the same itself with regard to seeking compliance on penalties and disciplinary action.
The inference is based on observations of an audit report accessed under RTI by applicant Vihar Durve. The audit report inspected commission records from January 2009 to May 2016. As per the report, penalties were levied for just over three per cent cases.
The report states that the commission has not been following the RTI Act. Under the Act, an official can be fined up to Rs 25,000 by the SIC for delaying or giving misleading or incomplete or false information, among others. It also states that disciplinary action can be taken against officials for flouting the RTI Act.
The commission had stated that it is the job of the respective public authority, which ideally is the public information officer (PIO), to ensure that commission orders are complied with. "The reply is not acceptable, as, under Section 25 of the Act, monitoring is the prime duty of the commission for effective implementation of the Act," stated the report.
As per the report, the percentage of cases in which penalty was imposed compared to the total number of cases that were disposed of, just about crossed three per cent. The percentage of the penalty to the number of cases disposed of was highest in 2010 at 3.02 per cent. Of the 17,266 cases that were disposed of, penalties were imposed only in 523, with the total penalty amounting to Rs 34.38 lakh. The highest penalty amount was in the year 2013 at Rs 56.11 lakh.
"They should give compliance report to auditors and also keep one with them else they will be making a mockery of the RTI Act," said Vihar Durve, the applicant.