Times of India: Vindhya Pabolu: Bengaluru: Thursday, January 23, 2025.
The second bench of Karnataka Information Commission was packed with appellants and respondents on Wednesday as HC Sathyan, chief information commissioner of the state, who was presiding over the bench, took up a special drive to clear pending second appeals.
The bench lived up to the expectations of the appellants and respondents as it disposed of 977 second appeals, and imposed fines of Rs 20.8 lakh on applicants. The special drive came up in the wake of 54,407 second appeals pending before the state information commission's two benches in Bengaluru and one in Kalaburagi.
"The issue of pending cases stems primarily from the failure to address applications at the initial stages. By law, they should be resolved within 30 days at the first stage. If unresolved, they escalate to the second stage, where a higher authority is expected to act within 45 days. Unfortunately, compliance with these timelines is poor at both the stages. To address this, the Chief Justice of the high court had issued five directives urging timely resolution of RTI cases, but many departments continue to delay, contributing significantly to the backlog," CIC Sathyan told TOI at the end of the day's proceedings.
Most of the cases that were taken up during Wednesday's drive related to civic bodies. About 300 people attended the day's proceedings, and for those who didn't attend, notices were served. Special drives had been held in the second bench on six days since Oct 9 last year and 2,678 cases were disposed.
The 2nd bench of the commission alone has imposed over Rs 3 crore in fines on PIOs for delay in providing RTI information, with 90% of it already recovered. Disciplinary action has been recommended against FAAs for neglecting first appeal duties.
The CIC said another pressing issue is the misuse of the RTI Act, as some associations or federations file bulk appeals under a single name, which clogs the system unnecessarily. "Unlike the high court, which imposes a fee to deter frivolous cases, the RTI Act does not have such a mechanism. Introducing a similar rule could help streamline the process and reduce misuse," he said.
The commission informed that notices have been issued to appellants, Public Information Officers (PIOs), and First Appellate Authorities (FAAs) as the state commission prepares to dispose of over 9,000 second appeal cases in a special hearing scheduled for Jan 28 and 29. In a parallel effort, another special drive is set to take place on Feb 12, 2025 at Suvarna Soudha, Belagavi bench, targeting the resolution of more than 5,000 second appeal cases. Notices are being issued to all stakeholders ahead of the hearing.
"During such drives, we thoroughly assess cases and impose necessary actions, including ban on individuals misusing the RTI Act," Sathyan said.
Shortage challenge
One of the challenges the Karnataka Information Commission is facing is the shortage of staff. "Recruitment efforts are ongoing, but currently, the available personnel are stretched thin. We are expected to allocate only one to three hours daily to RTI cases, as our primary responsibilities include attending meetings and handling administrative duties. However, given the volume of cases, RTI-related work consumes most of our workday. This imbalance needs to be addressed to ensure a more sustainable and efficient system," the commissioner said.
RTI activist blacklisted, his 215 appeals nixed
Among the RTI applicants with tension writ all over their face at the second bench on Wednesday was Sathish K, a 32-year-old farmer from Nallaganahalli village, Hoskote taluk. He had sought audit reports from 2016 to 2021 from panchayats in Bengaluru Urban, Bengaluru Rural, Chikkaballapura, and Kolar districts.
Taking up his 215 appeals, CIC Sathyan said: "See how many of us are dealing just with your RTI applications. Just because you can file RTIs doesn't mean you can file as many as you want. This bench will not entertain individuals who misuse court time."
The CIC proceeded to dismiss all his 215 appeals, leaving Sathish visibly stunned. Sathish was blacklisted along three other applicants.
Speaking to TOI after the judgment, Sathish said, "Under the RTI Act, everyone is accountable and can be questioned. I am disappointed that the bench didn't give me a chance to respond properly. Disposing of cases without explanation is unjust. I will approach the high court. Seeking information is a basic right, and I haven't done anything wrong."
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