Herald Goa: Margao: Wednesday, 22 May 2024.
Posts of State Chief Information Commissioner and State Information Commissioner are vacant since March 2024; citizens grappling with an escalating backlog of pending RTI cases; demand swift action to restore the integrity of the vital democratic mechanism
The prolonged absence of a
State Chief Information Commissioner (CIC) and State Information Commissioners
(SICs) in Goa has left citizens grappling with an escalating backlog of pending
Right to Information (RTI) cases. This has caused frustration and a sense of
powerlessness among those seeking information to expose the wrongdoings and
seek transparency from the administration.
As the vacancies persist, RTI activists and citizens concerned find themselves trapped in a labyrinth of unanswered queries, with crucial information pertaining to development projects, government decisions, and potential irregularities remaining elusive. This crisis, according to them, not only undermines the spirit of the RTI Act, but also erodes public trust, highlighting the urgent need for swift action to restore the integrity of this vital democratic mechanism.
It may be recalled that the tenure of the former State Chief Information Commissioner (CIC) Vishwas Satarkar and former State Information Commissioner (SIC) Sanjay Dhavalikar came to an end in the first week of March 2024.
Citizens have lamented that the delays in disposing of cases since that time mean they are losing valuable time in getting the information they need.
For perspective, once an RTI application is filed, the Public Information Officer (PIO) of the corresponding government department has to provide the information within 30 days.
If the PIO doesn’t provide this information or the replies given are found to be incomplete, the applicant files the ‘first’ appeal before the appellate authority and the same is decided by the first appellate authority within another 30 days.
Hearings are then held by the CIC and SIC, where the PIO and applicant are given a chance to respond.
Except for a few cases where the PIO furnishes the requested information at the first hearing itself and the matter is resolved, these cases usually involve two to three hearings and take a couple of months and sometimes have even gone up to the head if it is a complicated case.
As per information available with O Heraldo, when ex-CIC Satarkar and ex-SIC Dhavalikar completed their three-year tenure, fewer than 250 cases were pending and all of these were ongoing cases.
Moreover, during their tenure, approximately 40-45 cases were being disposed of per month.
Going by that average, it is expected that around 120 new cases between March and May 2024 may be pending in addition to earlier odd-250 cases, as of date.
It is to be noted that before the SIC and CIC took over their posts in March 2021, there were more than 350 cases that were pending. After that, the CIC and SIC disposed of approximately 1,350 cases during that three-year term with several strong rulings being made and PIOs being pulled up and fines imposed on them.
Cut to the present scenario, RTI activists feel that while some momentum had been built earlier and their applications and cases were getting disposed of, now any appeals against the PIO have come to a standstill and due to that there is no certainty when they will get the information they seek.
“This dilutes the value of the RTI Act as we are supposed to be getting the information soon. If we wish to stop what we believe is illegal, we are shorthanded as we are not getting the information we need that can help us file a complaint in that matter with the authorities concerned. In the meanwhile, damage is being done,” said one RTI activist from Margao, whose case is pending.
“Ideally, there shouldn’t have been that big a delay, in the absence of a CIC and SIC, the PIOs are supposed to be acting as per the law and provide the information in a stipulated time period. There are also other delay tactics used, for which appeals are filed thereafter and through the subsequent cases, we eventually get our information but the main focus should be on the root of the cause. Are the PIOs not familiar with the law and the consequences they will face if they deliberately withhold or deny us information?” said Oswald Souza from Quepem.
“RTIs are meant to ensure transparency and also instil faith in the public that we cannot be fooled and we can track the information we need. This is our right as per the law and I hope these delays will come to an end next month,” said Laxman Gaonkar from Vasco.
When O Heraldo contacted senior officials at the State Information Commission, the response given was that the delay in SIC and CIC appointments was due to the Election Code of Conduct. The officials added that the file regarding this is with the Chief Minister’s Office, but refused to share information about how many pending allocations are there before their office.
As per standard procedure, once the Code of Conduct is lifted, a Committee comprising the CM, Leader of Opposition, and a senior cabinet minister will take a decision about the appointment of the new CIC and SIC. No date has been given as yet.
Posts of State Chief Information Commissioner and State Information Commissioner are vacant since March 2024; citizens grappling with an escalating backlog of pending RTI cases; demand swift action to restore the integrity of the vital democratic mechanism
As the vacancies persist, RTI activists and citizens concerned find themselves trapped in a labyrinth of unanswered queries, with crucial information pertaining to development projects, government decisions, and potential irregularities remaining elusive. This crisis, according to them, not only undermines the spirit of the RTI Act, but also erodes public trust, highlighting the urgent need for swift action to restore the integrity of this vital democratic mechanism.
It may be recalled that the tenure of the former State Chief Information Commissioner (CIC) Vishwas Satarkar and former State Information Commissioner (SIC) Sanjay Dhavalikar came to an end in the first week of March 2024.
Citizens have lamented that the delays in disposing of cases since that time mean they are losing valuable time in getting the information they need.
For perspective, once an RTI application is filed, the Public Information Officer (PIO) of the corresponding government department has to provide the information within 30 days.
If the PIO doesn’t provide this information or the replies given are found to be incomplete, the applicant files the ‘first’ appeal before the appellate authority and the same is decided by the first appellate authority within another 30 days.
Hearings are then held by the CIC and SIC, where the PIO and applicant are given a chance to respond.
Except for a few cases where the PIO furnishes the requested information at the first hearing itself and the matter is resolved, these cases usually involve two to three hearings and take a couple of months and sometimes have even gone up to the head if it is a complicated case.
As per information available with O Heraldo, when ex-CIC Satarkar and ex-SIC Dhavalikar completed their three-year tenure, fewer than 250 cases were pending and all of these were ongoing cases.
Moreover, during their tenure, approximately 40-45 cases were being disposed of per month.
Going by that average, it is expected that around 120 new cases between March and May 2024 may be pending in addition to earlier odd-250 cases, as of date.
It is to be noted that before the SIC and CIC took over their posts in March 2021, there were more than 350 cases that were pending. After that, the CIC and SIC disposed of approximately 1,350 cases during that three-year term with several strong rulings being made and PIOs being pulled up and fines imposed on them.
Cut to the present scenario, RTI activists feel that while some momentum had been built earlier and their applications and cases were getting disposed of, now any appeals against the PIO have come to a standstill and due to that there is no certainty when they will get the information they seek.
“This dilutes the value of the RTI Act as we are supposed to be getting the information soon. If we wish to stop what we believe is illegal, we are shorthanded as we are not getting the information we need that can help us file a complaint in that matter with the authorities concerned. In the meanwhile, damage is being done,” said one RTI activist from Margao, whose case is pending.
“Ideally, there shouldn’t have been that big a delay, in the absence of a CIC and SIC, the PIOs are supposed to be acting as per the law and provide the information in a stipulated time period. There are also other delay tactics used, for which appeals are filed thereafter and through the subsequent cases, we eventually get our information but the main focus should be on the root of the cause. Are the PIOs not familiar with the law and the consequences they will face if they deliberately withhold or deny us information?” said Oswald Souza from Quepem.
“RTIs are meant to ensure transparency and also instil faith in the public that we cannot be fooled and we can track the information we need. This is our right as per the law and I hope these delays will come to an end next month,” said Laxman Gaonkar from Vasco.
When O Heraldo contacted senior officials at the State Information Commission, the response given was that the delay in SIC and CIC appointments was due to the Election Code of Conduct. The officials added that the file regarding this is with the Chief Minister’s Office, but refused to share information about how many pending allocations are there before their office.
As per standard procedure, once the Code of Conduct is lifted, a Committee comprising the CM, Leader of Opposition, and a senior cabinet minister will take a decision about the appointment of the new CIC and SIC. No date has been given as yet.
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