Friday, February 28, 2025

Can show PM’s degree to court, not strangers: DU

Times of India: New Delhi: Friday, 28 February 2025.
Delhi University on Thursday informed Delhi High Court that it is willing to show its records on Prime Minister Narendra Modi's degree to the court but not disclose it to strangers under the Right to Information (RTI).
Appearing before justice Sachin Datta, solicitor general Tushar Mehta made the submission, following which the court reserved its verdict on DU's plea against a CIC order directing disclosure of information with respect to the bachelor's degree of the Prime Minister.
"DU has no reservation in showing it to the court but can't put the university's record for scrutiny by strangers," Mehta said. The order of the CIC, he said, deserved to be set aside for the "right to privacy" superseded the "right to know".
The senior law officer submitted that the RTI applicant sought the degree of an erstwhile student who is the Prime Minister. "As a university, we have nothing to hide. We have the year-wise record. There is a degree from 1978, Bachelor of Arts," Mehta submitted.
Following an RTI plea by one Neeraj seeking details of all students who wrote the exam in 1978, the Central Information Commission (CIC) on Dec 21, 2016, allowed inspection of records of all students who cleared the BA exam in 1978 the year Prime Minister Modi also took it.
HC, however, stayed the CIC order on Jan 23, 2017. The lawyers for the RTI pleas defended the CIC's order on the ground that the RTI provided for disclosure of PM's educational information in greater public good.
On Thursday, Mehta said the right to know was not "untrammelled" and personal information of an individual, which was unrelated to public interest, is protected from disclosure. He cautioned against the misuse of the RTI Act by "activists" and said allowing disclosure in the case would result in the varsity being exposed to RTI pleas in relation to lakhs of its students. The law, he said, was not for "free people" who were "out to satisfy their curiosity" or "embarrass" others.

Information Commission warns of stern action against officials failing to appear in its hearings

The Hindu: Kottayam: Friday, 28 February 2025.
Panel holds sitting in Kottayam. Of the 32 cases reviewed during the sitting, 27 were disposed of.
Kerala State Information Commissioner K.M. Dilip has said that stern action will be taken against government officials who consistently violate the commission’s orders and directives.
Speaking after a sitting in Kottayam on Thursday, the Commissioner said that disciplinary action would be recommended against officials who failed to provide information timely under the Right to Information (RTI) Act and who avoided attending hearings despite directions.
Decisions delayed
Under the RTI Act, officials concerned should appear before the Commission when decisions were to be made on second round of appeals filed by citizens. However, the commission had noted instances where some officials cited frivolous reasons to delay decisions by not attending hearings.
Out of the 32 cases reviewed during the sitting, 27 were disposed of. The appeals considered by the commission pertained to RTI applications linked to Departments of Local Self-Government, Mining and Geology, Home, Cooperation and Health and Mahatma Gandhi University.

Modi’s trips last year to Abu Dhabi, Kazan and Moscow cost around Rs 20 cr: RTI

News laundry: National: Friday, 28 February 2025.
Embassies in other countries visited by the PM did not disclose the information requested by transparency activist Batra.
From Bhutan and Kuwait to Ukraine and the US, Prime Minister Narendra Modi’s whirlwind diplomatic tours in 2024 dominated headlines. Replies to RTI queries by transparency activist Commodore Lokesh Batra (retd) now provide a glimpse into the cost of this 16-nation outreach.
The Modi government spent over Rs 15 crore on the prime minister’s two visits to Russia and nearly Rs 5 crore on a trip to Abu Dhabi. Though the total cost of the PM’s foreign trips remains largely undisclosed with most Indian embassies abroad yet to disclose information in response to RTI queries.
In his RTI application, Batra asked the total cost of each foreign trip, a breakdown of expenses under various heads such as accommodation, transport, and events, and whether any part of the visits was sponsored or funded by external organisations. Despite filing RTIs with all Indian embassies in the countries Modi visited, Batra has so far received responses from only two Moscow and Abu Dhabi. “Most embassies are forwarding my RTIs to the Ministry of External Affairs instead of providing the information themselves,” he told Newslaundry.
Moscow community reception cost Rs 1.87 Cr.
According to the Indian Embassy in Abu Dhabi, Rs. 4.95 crore was spent on Modi’s visit to the UAE in February 2024, with the expenditure debited under the “council of ministers” budget head. RTI details from the Indian embassy in Moscow show that the PM’s two visits to Russia Moscow in July and Kazan in October came at a cost of over Rs 15 crore.
The July trip to Moscow cost Rs 5.12 crore, including Rs 1.81 crore for hotel arrangements, Rs 20.81 lakh for daily allowances, Rs 1.87 crore for a community reception, Rs 59.06 lakh for transport, and Rs 62.56 lakh in miscellaneous expenses.
The October visit to Kazan cost the exchequer Rs 10.24 crore, with Rs. 1.62 crore spent on hotels, Rs 25.67 lakh on daily allowances, Rs 1.79 crore on transport, and a staggering Rs 6.56 crore under miscellaneous expenses. The embassy did not indicate any external sponsorship or funding for these visits.
Batra emphasised the need for transparency, stating that taxpayers’ money must be accounted for. “It is strange that many embassies, which had provided similar details in response to my RTIs in 2015, are now denying information that should be in the public domain under the RTI Act’s proactive disclosure clauses,” he said.

‘Can compromise vital info’: HC rejects RTI plea seeking egg count at Army’s stud farm

Times of India: Chandigarh: Friday, 28 February 2025.
Rejecting a plea against the denial of information under the RTI Act pertaining to a dairy being run at Army's horse-breeding stud farm in Hisar, the Punjab and Haryana high court has observed that petitioners seeking information, especially the number of eggs produced in a month and the count of cows, goats, and chickens, would not serve any useful purpose.
Justice Harsimran Singh Sethi passed these orders while dismissing a petition filed by Vinod Kumar of Hisar. "Nothing has come on record as to why the petitioner is interested in seeking such information, especially how many eggs were produced in one month and how many cows, goats, and chickens are kept there. This shows that information is not being sought for any useful purpose, but only for other reasons best known to the petitioner," observed the court.
The petitioner approached the court after his application seeking information under the RTI Act regarding the grant of approval for running a dairy in the stud farm maintained by the Indian Army in Hisar. His plea was rejected by the SPIO, the appellate authority, as well as the central information commission.
Contesting the petition, central govt submitted that the stud farm was established and was being run by the Army, and details of the same could not be given. Nothing has come on record as to why the petitioner is concerned with the grant of approval for running the dairy in the unit.
After hearing all parties, the court observed that the petitioner has, prima facie, shown no aspect as to how he is concerned with the information sought. "Though the intention to seek information is not necessary, when the same concerns the Indian Army, it can be sought by the court to eradicate the situation as to whether the same should be allowed or not. The Army has established a stud farm in Hisar where, according to the petitioner, a dairy is also being run. It should be noted that the animals kept in the stud farm are for purposes which the Army deems fit and not for the general public, and any information disclosed herein can lead to the compromise of any kind of vital information," observed the judge while dismissing the plea.
On the specific request of the petitioner for information only regarding the approval of the ministry of defence (MoD) to run the dairy in the Hisar unit, the court observed that once the land was in the occupation of the Indian Army and the same was being used for a particular purpose by it, whether any approval of the MoD to run a dairy on the said land was given or not was of no concern to the petitioner.

Workshop on RTI Act held in Changlang

Arunachal Times: Changlang: Friday, 28 February 2025.
A workshop on the Right to Information (RTI) Act was conducted here on Thursday for key officials and stakeholders to discuss the significance and implementation of the Act.
State Chief Information Commissioner (CIC) Jarken Gamlin provided a comprehensive briefing on the RTI Act, along with major court rulings that have shaped its implementation over the years, during the workshop.
He emphasised on the role of all stakeholders “for smooth flow and facilitation of information to the applicants under the RTI Act.”
A presentation on right to information was delivered by State Information Commissioners Khopey Thalley and Dani Gambo, highlighting the RTI Act and the roles of the first appellate authority, public information officers (PIO) and assistant public information officers (APIO).
In addition, the CIC’s PA Odi Menjo conducted a session on the RTI Act and its relevance to the Indian Constitution.
Speaking on the occasion, Changlang Deputy Commissioner Vishal Sah emphasised the importance of transparency and accountability in governance through the RTI Act.
Arunachal Pradesh Information Commission Registrar Maman Padung and Khimiyang EAC Rosalind Pertin also spoke.
The workshop was attended by PIOs, APIOs, and other officials concerned. (DIPRO)

Thursday, February 27, 2025

RTI में नहीं दी सूचना, वसूलेंगे 6.5 लाख: जैसलमेर

Dainik Bhaskar: Jaisalmer: Thursday, 27 February 2025.
शिक्षा विभाग के कार्यालय में सूचना के अधिकार के तहत सूचना नहीं देने पर प्रदेश के
19 जिलों के 96 तत्कालीन शिक्षाधिकारियों पर 6.5 लाख से अधिक की पेनल्टी लगाई गई है। हालांकि ये पेनल्टी वसूलने के आदेश विभाग समय-समय पर देता रहा है, लेकिन मौजूदा अधिकारी राशि वसूल नहीं पाए हैं। इस संबंध में बीकानेर निदेशालय ने 14-15 साल पुराने प्रकरणों में भी तत्कालीन शिक्षाधिकारियों से राशि वसूलने का आदेश दिया है। साथ ही इसकी पालना जल्द करने को कहा है।

RTI activist booked for extortion bid involving another assault case

Times of India: Pune: Thursday, 27 February 2025.
The Khadak police on Tuesday have registered a case against an RTI activist from Lohiyanagar for alleged attempt to extort Rs
6 lakh from a Ghorpade Peth-based real estate broker (37) on Feb 14.
The real estate broker registered the case against the activist on Tuesday. The 'activist' has four previous criminal cases registered against him with the Chatushrungi, Khadki and Faraskhana police stations, including one of a similar extortion bid, said senior inspector Shashikant Chavan of Khadak police.
Chavan said, "On the night of Feb 13, a group of people held a programme to celebrate the birthday of the broker's uncle. After the programme, his uncle left for Katraj."
"On Feb 14, a distant relative of the broker and another youngster fought in Ghorpade Peth. A formal FIR was registered with the Khadak police station on the same day," he said.
"The complaint was filed by a relative of the RTI activist," he said. "The RTI activist got involved in the case and submitted an application to the police station requesting to book the complainant's uncle in the case even though he was not there," he said.
"Later in the night on Feb 14, the RTI activist met the complainant (real estate broker) and his family members and demanded Rs 6 lakh for not implicating the complainant's uncle in the assault case," he said.
The 'activist' threatened the broker that he would implicate the latter's uncle in a case of assault which would cause legal trouble for him. "The victim runs a small shop in the area," Chavan said.
"We would serve him a notice asking him to cooperate with the investigations," he said.

RTI Act: आरटीआई एक्ट हल्के में लेने पर हिमाचल के पांच अफसरों को कड़ी फटकार, जानिए पूरा मामला

Amar Ujala: Shimla: Thursday, 27 February 2025.
पांच अधिकारियों को राज्य सूचना आयोग ने कड़ी फटकार लगाई है। चार अधिकारियों ने बतौर अपीलीय अर्थोरिटी समय पर या नियमानुसार सुनवाई नहीं की।
आरटीआई एक्ट को हल्के में लेने पर पांच अधिकारियों को राज्य सूचना आयोग ने कड़ी फटकार लगाई है। चार अधिकारियों ने बतौर अपीलीय अर्थोरिटी समय पर या नियमानुसार सुनवाई नहीं की। इनमें अतिरिक्त सचिव पशुपालन
, संयुक्त निदेशक पर्यटन, जलशक्ति विभाग के अधीक्षण अभियंता हमीरपुर और एसडीएम कुल्लू शामिल हैं। राज्य मुख्य सूचना आयुक्त आरडी धीमान ने अधिकारियों को सतर्कता बरतने को कहा है।
केस-1:
घुमारवीं के भंजवाली गांव के अजय कुमार ने आरटीआई आवेदन में वेटरनरी फार्मासिस्ट और सहायक को पशुओं को देखने की एवज में दिए जाने वाले सर्विस शुल्क की जानकारी मांगी थी। सूचना नहीं मिलने पर उन्होंने प्रथम अपीलीय अथॉरिटी में अपील दायर की। यहां सुनवाई न होने पर उन्होंने आयोग में दूसरी अपील की। आयोग ने कहा कि प्रथम अपीलीय अथॉरिटी के रूप में काम कर रहे अतिरिक्त सचिव पशुपालन ने अपील सुनने में दिलचस्पी नहीं दिखाई। आयोग ने अतिरिक्त सचिव को सावधानी बरतने की चेतावनी दी।
केस-2:
शिमला निवासी मोहित डोगरा ने जलशक्ति डिविजन भोरंज के अधिशासी अभियंता से सूचना नहीं मिलने पर जलशक्ति विभाग हमीरपुर में अधीक्षण प्रथम अपील की। बतौर प्रथम अपीलीय अथॉरिटी इस अपील की सुनवाई नहीं की। इस पर आयोग ने अधीक्षण अभियंता को भविष्य में सतर्कता बरतने की चेतावनी दी।
केस-3:
सोलन के सलोगड़ा गांव के पीयूष गुप्ता ने पर्यटन विभाग के प्रचार अधिकारी से आरटीआई एक्ट के तहत जानकारी मांगी। जानकारी न मिलने पर आवेदक ने प्रथम अपीलीय अधॉरिटी के समक्ष अपील दायर की। इसे नहीं सुना गया तो अपीलकर्ता ने आयोग में दूसरी अपील दायर की। आयोग ने सारे रिकॉर्ड का निरीक्षण के बाद सूचना देने में जान-बूझकर देरी की। अपीलकर्ता ने प्रथम अपीलीय प्राधिकारी यानी महाप्रबंधक के पास प्रथम अपील दायर की। प्रथम अपीलीय अधारिटी के रूप में संयुक्त निदेशक चेत नहीं दिखाई। आयोग चेतावनी जारी की कि भविष्य में सावधानी बरतें।
केस-4:
अपीलकर्ता एन कश्यप को एसडीएम कार्यालय कुल्लू के अधीक्षक से आरटीआई एक्ट के तहत जानकारी नहीं मिली। उन्होंने एसडीएम के समक्ष प्रथम अपील की। इसे नहीं सुना तो की। आयोग ने एसडीएम को सावधानी बरतने की चेतावनी दी। यह भी कहा कि अपील को प्राप्ति के 30 दिनों के भीतर सुना जाना चाहिए। इसमें अतिरिक्त समय लेने पर 45 दिन से अधिक की देरी नहीं होनी चाहिए।
केस-5:
चंबा के पारेल गांव के प्रशांत महाजन ने एएसपी चंबा से पुलिस चालान की जानकारी मांगी। एएसपी ने उपलब्ध सूचना दे दी। आवेदक ने इससे कर दी। एएसपी ने आयोग को बताया कि अतिरिक्त शुल्क लेने के बाद आवेदक क्लो सूचना दे दी है। शिकायतकर्ता ने बताया कि उसे प्वाइंट नंबर तीन की सूचना नहीं दी गई। इस पर आयोग ने एएसपी को चेतावनी दी कि भविष्य में सतर्कता बरतें।

RTI: State orders LBT dept closure; PMC yet to recover ₹200 crore dues

Pune Times Mirror: Pune: Thursday, 27 February 2025.
According to data obtained under the Right to Information (RTI) Act, a staggering 60 percent of registered traders between 2013-2017, amounting to 1,09,508 businesses, did not file their mandatory returns.
The Maharashtra government’s Urban Development Department (UDD) has issued a directive to municipal corporations instructing them to permanently close their Local Body Tax (LBT) departments by April 30, 2025.
This decision marks the final step in the transition following the introduction of the Goods and Services Tax (GST) on July 1, 2017, which effectively rendered LBT and octroi obsolete. The directive mandates municipal corporations to report their compliance with this order promptly.
The official notice has been addressed to municipal commissioners and administrators across the state, with copies sent to senior government officials to ensure compliance and proper record-keeping. The state government has emphasized that the LBT departments must be dismantled within the given timeline without delay.
While the move aligns with the post-GST tax framework, concerns have been raised over the significant pending LBT collections that remain unaddressed. Vivek Velankar, president of Sajag Nagrik Manch, Pune, has strongly criticised the Pune Municipal Corporation (PMC) for its failure to recover outstanding LBT dues amounting to approximately
Rs. 200 crores.
In a letter addressed to the PMC administrator, Velankar highlighted the corporation’s long-standing neglect in pursuing tax defaulters. He noted that despite multiple reminders over the past two years, including an email sent on January 13, 2025, the administration has not taken concrete action. He also expressed concern that the lack of enforcement might have been a deliberate strategy, anticipating the eventual dissolution of the LBT department.
Velankar has urged the PMC to request a one-year extension from the state government before closing the LBT department. He emphasized that this period should be used to aggressively pursue tax collections and recover pending dues.
“I request that you immediately approach the state government and demand that Pune Municipal Corporation be granted a one-year extension in light of the decision to close the LBT department. In addition, while requesting this extension, please obtain a commitment that all collection actions will be completed within that one-year period,” stated Velankar in his letter to the PMC administrator.
According to data obtained under the Right to Information (RTI) Act, a staggering 60 percent of registered traders between 2013-2017, amounting to 1,09,508 businesses, did not file their mandatory returns. Each defaulter is liable for a penalty of Rs. 5,000, which could have contributed Rs. 55 crores in revenue. However, no action has been taken to recover these dues.
Furthermore, among the 52,979 returns that were submitted, the PMC has reviewed only 8 percent (4,266 cases), leading to a tax determination of Rs. 5 crores. Based on these findings, Velankar estimates that scrutinizing the remaining 48,500 returns could uncover an additional Rs. 60-70 crores in unpaid taxes. Additionally, if non-filing traders were compelled to submit their returns, an estimated Rs. 100 crores could still be recovered.
“This department, which has the potential to generate Rs. 200 crores in revenue, has been completely neglected for the past eight years,” Velankar remarked. “While the PMC plans to raise a loan of Rs. 400 crores, it is inexplicably allowing its rightful revenue to slip away. This situation is both outrageous and unjustifiable.”
Despite these concerns, Vijay Landge, Deputy Commissioner of LBT at PMC, has indicated that no extension is likely unless specifically ordered by the state government. “The directive has been issued directly by the state government, and there will be no extension given unless we receive further orders from them. We will be discontinuing LBT as per the directive,” he stated.

Wednesday, February 26, 2025

Kashmir University’s student union ‘ban’ exposed by RTI: No official restriction, just a 15-year-old verbal directive

Edex Live: J&K: Wednesday, 26 February 2025.
Authorities cite ‘law and order’ concerns behind the ban, but students see it as an excuse to dodge accountability
For over 15 years, student activism at the University of Kashmir was believed to be banned.
Campus discussions, protests, and student bodies were stifled, with students fearing repercussions for even contemplating organised representation. However, a recent Right to Information (RTI) filed by Nasir Khuehami, National Convenor of the Jammu Kashmir Students Association, the response has shattered this long-standing perception.
Filed with the Jammu and Kashmir Higher  Education Department, the RTI sought clarity on whether a formal directive existed prohibiting student unions in the Union Territory’s universities. The response? No such ban exists neither from the government nor from the universities themselves.Online tutoring
Yet, Kashmir University’s proctor, in response to the RTI, revealed a startling fact: the supposed “ban” traces back to a 2009 verbal directive by then-Vice-Chancellor Prof Riyaz Punjabi. This decision was never formalised through an official circular, nor did it receive any legal sanction. And yet, it has dictated student politics at the institution for nearly a decade and a half.
A tale of two regions: Jammu vs. Kashmir
In Jammu’s universities including Jammu University, Central University of Jammu, and Government College for Women, Gandhi Nagar student activism has thrived. Political student wings like the National Students' Union of India (NSUI) and Akhil Bharatiya Vidyarthi Parishad (ABVP) have actively protested, engaged in student welfare, and held authorities accountable.
But in Kashmir, an atmosphere of fear loomed large. The perception was clear: forming a student union was off-limits. Those who attempted faced intimidation from administrative summons to unofficial police interventions.
“We launched the Jammu-Kashmir Students Association in 2016, but we had to do it outside Kashmir, in Uttarakhand. The authorities ensured that no student body could take shape within the Valley,” said Nasir Khuehami in an exclusive interview with EdexLive.Study abroad programs
Kashmir University’s ‘transparency’ excuse
The University of Kashmir justified the absence of student unions by claiming it had a “transparent” grievance redressal system. “But the counter-question is: who accredited the university as ‘transparent’?” asked Nasir.
Every major institution in India be it Jawaharlal Nehru University (JNU), Aligarh Muslim University (AMU), or Delhi University (DU) operates within transparent frameworks while also having active student unions. Transparency and student representation are not mutually exclusive. If anything, they strengthen each other.
“The reality is starkly different,” said Nasir.
“Students at Kashmir University know that raising concerns gets them summoned by the proctor the very next day, and the university’s response of justifying the lack of a student union, because they have a proper grievance cell, is just misleading, especially for those who are familiar with the dis-functional system of the university,” he added.
Why the silence? The ‘law and order’ excuse
Kashmir University authorities argue that the security situation in the region makes student unions a potential threat. They fear that students could be influenced by “wrong motives” that destabilise the institution. But students see this as nothing more than a convenient excuse.
“Student bodies act as watchdogs. The administration doesn’t want accountability, so it hides behind the law-and-order excuse,” said Khuehami.
What next? The fight for representation begins
With the RTI response proving that no official ban exists, student leaders and activists are gearing up for the next steps. The Jammu-Kashmir Students Association has already approached Lieutenant Governor Manoj Sinha and plans to escalate the matter to Chief Minister Omar Abdullah.
“The university administration’s stance is outdated, arbitrary, and undemocratic. We will pursue legal and constitutional means to ensure students in Kashmir have the same democratic rights as their counterparts across India,” the convenor asserted.
The fight for a student union at Kashmir colleges is no longer about whether it is “allowed.” It is about restoring a fundamental democratic right.

RTI reveals BKTC earned Rs 10.6cr from priority darshan in 2023-24, up from 1.5 lakh in 21-22

Times of India: Dehradun: Wednesday, 26 February 2025.
Despite the Uttarakhand govt's claims of curbing VIP darshan culture during pilgrimage season, an RTI query has revealed that the Badrinath Kedarnath Temple Committee (BKTC) earned Rs 10.6 crore from helicopter service priority darshan in financial year 2023-24, up from just Rs 1.5 lakh in 2021-22.
The RTI, filed by Noida-based activist Amit Gupta, sought details on the committee's revenue sources and its expenditures since 2020. "Earnings from special pujas (paid services usually offered during morning and evening slots) rose from Rs 68,000 in 2020-21 to Rs 4.2 lakh in 2021-22, before drastically jumping to Rs 7 crore in 2022-23 and Rs 10.8 crore in 2023-24," read the information in the RTI.
Additionally, in 2022-23, BKTC received Rs 25 lakh as special donations for new constructions and more than Rs 95 lakh as these donations in the following year. "Their earnings went up from Rs 22 crore in 2020-21 to Rs 52.9 crore in 2023-24. Investments also increased simultaneously. With seven educational institutions under their care, they invested more in securities. Given their financial growth, more funds should be allocated toward improving services, including health and sanitary facilities for pilgrims. The committee should be supporting govt departments operating in the region," said Gupta.
The data also showed that despite a steep increase in earnings, the tax payment to the govt remained nominal, with only Rs 57,961 paid in 2020-21, Rs 81,935 paid the next year, followed by Rs 85,594 in 2022-23, and Rs 89,966 paid in 2023-24. Meanwhile, the number of pilgrims at Kedarnath has been steadily rising, going up from 2.47 lakh in 2021 to 16.5 lakh in 2024. The opening date for the shrine will be announced on the occasion of Mahashivratri on Wednesday. However, the govt has decreed that there will be no VIP darshans for the first month of the yatra this season.

14 ‘katha’ units using ammonia chilling plants illegally in state, reveals RTI plea : Lalit Mohan

The Tribune: Himachal: Wednesday, 26 February 2025.
Many ‘katha’ manufacturing units in the state are using ammonia chilling plants in violation of the orders of the Forest Department. These factories are using ammonia chilling plants illegally, thus posing a threat to the lives of people residing in nearby areas.
This information was received from the Himachal Pradesh Pollution Control Board on an application filed by environmental activist Sunil Kanotra under the Right to Information (RTI) Act. The board stated that 14 ‘katha’ manufacturers in the state were using ammonia chilling plants illegally.
Kanotra told The Tribune that as per a government notification, ‘katha’ factories in the state could use only five tonne air conditioners and not ammonia chilling plants. “The government has restricted the use of ammonia chilling plants in ‘katha’ manufacturing to avoid pollution as ammonia gas is dangerous in case of leakage and can post a threat to the lives of people,” he added.
He said that restrictions had been imposed on the use of ammonia chilling plants so that ‘katha’ unit owners could not process excess ‘katha’ than the permitted quantity. The factories with ammonia chilling plants were processing excess ‘katha’ through illegally felled khair trees, he alleged.
Kanotra claimed that after receiving information under the RTI Act that ‘katha’ manufacturers were illegally running ammonia chilling plants, he had urged the officers concerned to take action. However, no action had been taken and instead he received threatening calls over his police complaint.
He said, “Katha is a valuable extract taken from khair trees. Khair trees are found in the forests of lower hills of Himachal. These trees are valued for the ‘katha’ extract found in their trunks. ‘Katha’ is traditionally used in ‘paan’ preparation in India and also for medical purposes. Many contractors are involved in collecting and selling khair trees to ‘katha’ manufacturers in Himachal and other states. Due to their commercial value, these trees are often illegally felled and smuggled in the state and outside. Most of the ‘katha’ manufacturing units in the state are located in Una and Kangra districts.”
Kanotra said that as per the information received under the RTI Act, only one of 24 ‘katha’ manufacturing units in the state had installed a sewage treatment plant (STP). He alleged that it was mandatory for ‘katha’ manufacturers in the state to install STPs. However, the officials concerned were turning a blind eye to the fact that the ‘katha’ manufacturers in the state had not installed STPs and were polluting water sources along which they were located.
Meanwhile, Director (Industries) Yunus Khan said that he had not received any complaint regarding the ‘katha’ manufacturers using ammonia chilling plants without permission. “If I receive a complaint, I will direct my department officials to take suitable action against the erring units,” he added.
Only one factory has installed STP
  • The state Pollution Control Board has stated in response to an application filed by environmental activist Sunil Kanotra under the RTI Act that 14 ‘katha’ manufacturers in the state are using ammonia chilling plants illegally
  • As per a government notification, ‘katha’ manufacturers in the state can use only five tonne air conditioners and not are not to use ammonia chilling plants
  • Only one of 24 ‘katha’ factories in the state has installed a sewage treatment plant (STP), which is mandatory for them

Can you seek information under RTI Act via email? Punjab and Haryana High Court answers

Bar and Bench: Chandigarh: Wednesday, 26 February 2025.
The Court was dealing with a case in which a university had declined to supply the requested information on the ground that the applicant had not submitted a physical application along with his signatures.
Punjab and Haryana High Court, RTI
The Punjab and Haryana High Court recently observed that the Right to Information (RTI) Act does not mandate that information under the Act can be obtained only through a written, physical application [Dr. Sandeep Kumar Gupta v State Information Commission, Haryana and others].
Justice Harsimran Singh Sethi directed Guru Jambheshwar University of Science and Technology Hisar to supply information to a person, who had asked for it via e-mail and deposited the requisite fee in the bank account of the university.
The university had declined to supply the information on the ground that the applicant, Dr. Sandeep Kumar Gupta, had not submitted a physical application along with his signatures. The university had defended the requirement on the ground that it was necessary to prevent bogus applications.
However, the Court said that once a person, who has sent the email confirms his identity, a written application was not required.
“Though, the University has a right to be vigilant that no one else uses the e-mail address of another person but once the person who has sent the e-mail confirms his identity and request for supply of the information, the demand of a written application along with signatures, is not envisaged under Section 6 of 2005 Act,” the Court said.
Further, the Court said since the petitioner is present before the Court, the same also confirms his identity.
“In the present case, the petitioner is present here before this Court seeking the information which makes it clear that the information as sought, is being sought by the petitioner himself only.”
Accordingly, it allowed the plea challenging the denial of information and directed the university to supply the information within 30 days.
Advocate Sardavinder Goyal represented the petitioner.
Additional Advocate General Gaurav Jindal represented the State Information Commission.
Advocate Puneet Gupta represented the Guru Jambheshwar University of Science and Technology Hisar.
[Read Judgment]

‘State information panel taking 2-3 years to give ruling in 50 per cent of RTI cases’

The New Indian Express: Chennai: Wednesday, 26 February 2025.
Arappor Iyakkam’s convener Jayaram Venkatesan alleged that there was a huge delay in the panel hearing second appeals.
Flagging ‘abysmal’ performance of the Tamil Nadu Information Commission, pro-transparency NGO Arappor Iyakkam on Tuesday shot off a letter to the chief secretary to appoint additional information commissioners (SICs) and rectify the issues to improve transparency and accountability.
The commission is a quasi-judicial body which hears complaints and appeals filed by citizens who have been denied information under the RTI Act by state government institutions. Under the RTI Act, the panel hears the second appeal and complaints filed by applicants and has the power to ensure compliance of RTI, investigate complaints, and order inquiries into matters related to RTI.
Arappor Iyakkam’s convener Jayaram Venkatesan alleged that there was a huge delay in the panel hearing second appeals. Analysis of the commission’s judgments from December 2024 and January 2025 shows that 45-47% of applicants have to wait 2-3 years to get a ruling on their cases, Jayaram said.
Only 10% of the applicants get a hearing within a year of filing an appeal with the panel, the NGO said in their representation, while 7-8% of applicants face a delay of more than three years.
While the panel has heard 13,966 cases from January to September 2024, penalty has been imposed only in 21 cases and compensation and disciplinary actions ordered only in 96 and 15 cases respectively, the NGO said.
“So while the appellant waits for several years, action against the public official as per section 20 of the RTI Act is in less than 1% of the cases. This means that the state information commission’s orders don’t have a deterrent effect on government officials who either reject or don’t give information,” the NGO said.
Another issue raised by the NGO was the slow pace of work and alleged lack of commitment by information commissioners. Stating that each commissioner hears only 200-250 cases a month, Arappor questioned the poor output, pointing out that high court judges hear around 50-100 cases a day, and even write and deliver judgments.
Currently the state information commission has one chief commissioner – Shakeel Akhtar – and four commissioners, against the sanctioned strength of six. Arappor urged the government to appoint two more commissioners. They claimed that a search committee had already recommended some names in October 2024.
The state information panel could not be reached for comment.

Tuesday, February 25, 2025

60 Medical Colleges Not Paying Stipend to Medicos- NMC response to RTI: By - Barsha Misra

Medical Dialogues: New Delhi: Tuesday, 25 February 2025.
Altogether 33 Government and 27 private medical colleges are not paying any stipends to their MBBS interns, postgraduate resident doctors, and senior doctors, revealed the file notings of the National Medical Commission (NMC), obtained through a Right to Information (RTI) application.
The RTI application was filed by Kerala-based Health Activist Dr. KV Babu, who had sought copies of the legal opinion availed by NMC regarding action against Medical Colleges based on the show cause notice dated 28.11.2024 issued to 198 medical colleges. He had also sought the file noting along with the copies of affidavits filed in the Supreme Court this year.
Medical Dialogues had earlier reported that last year in November, NMC slapped show-cause notices on 198 medical institutes for not complying with the Commission's directives to uphold the details of the stipend paid to the interns and resident doctors. Releasing a list of these medical colleges on 28.11.2024, NMC specified that the failure of those colleges to submit the information regarding stipends was "considered seriously". NMC asked the medical colleges to furnish the data after the Supreme Court took cognisance of the issue of non payment of stipend to medical colleges.
As per the file noting dated 11.07.2024, obtained through the RTI Act, only 290 government and 265 private medical colleges including Deemed to be Universities furnished their data for 2023-2024 till 11.07.2024.
The remaining 198 colleges (115 government and 83 private colleges) including Deemed to be Universties out of a total of 753 colleges did not furnish their data. "It is also observed that some colleges have furnished data for FY 2024-2025 (i.e. April 2024) alone which are not included in the list of colleges who have furnished relevant data," stated the noting.
"Amongst the 290 Govt Colleges, which submitted their returns data w.r.t. stipend being given/not given, it appears that 257 number of Govt Medical Colleges have given stipend to their interns/residents/Sr residents and 33 number of Govt Medical Colleges have not given stipend to their interns/residents/sr residents," it added.
"Similarly, Amongst the 265 Private Medical Colleges, which submitted their returns data w.r.t. stipend being given/not given, it appears that 238 number of private Medical Colleges have given stipend to their interns/residents/sr residents and 27 number of Private Medical Colleges have not given stipend to their interns/residents/sr residents," it further mentioned.
The noting also mentioned that since the inputs had to be furnished to the Apex Court, appropriate action needed to be taken against the defaulting medical colleges who had not furnished the data. In the noting, NMC had also mentioned that it may issue all the defaulting colleges show cause notice seeking to know why suitable action should not be taken against them.
However, the Commission has not taken any action against the defaulting colleges. When Dr. Babu filed another RTI seeking the details of action taken by the Boards/NMC against medical colleges for non-compliance under Maintenance of Standards of Medical Education Regulations, 2023, along with the details of action taken for irregularities in the payment of stipends to interns/PGs during this period, NMC argued that the States/UTs had the responsibility to take action, not NMC.
"It is informed that NMC is the regulatory body which issues guidelines, regulations from time to time. The implementation of the guidelines /instruction/advisory is solely at the discretion of the concerned state authorities under which the medical college/institute is located," the Commission informed in the RTI reply dated 18.02.2025.
Commenting on the matter, Dr. Babu told Medical Dialogues, "Though the NMC issued show cause notice to 198 medical colleges for not submitting the details of stipend paid to interns & resident doctors, they are evasive regarding the action taken against stipend non-paying medical colleges, stating that it is the discretion of state authorities!"
"Though the regulations gazetted by the NMC in September 2023 regarding action that can be taken by the NMC clearly states that monetary penalties upto one crore can be imposed for non-compliance of regulations. NMC can even withhold accreditation for a period of five years! I had been repeatedly saying that, the NMC is solely responsible for non-compliance of regulations by medical colleges regarding stipend for interns & resident doctors," he added.
Earlier, on the question about the status of action taken against the 198 medical colleges, NMC recently informed on 11.02.2025, while responding to a RTI application, that the concerned States/UTs where those medical institutes are located must bear the responsibility.
The list of medical colleges, which were issued show-cause, included renowned institutes such as Maulana Azad Medical College (MAMC), New Delhi, Atal Bihari Vajpayee Institute of Medical Sciences and Dr. RML Hospital, New Delhi, Dr. Baba Saheb Ambedkar Medical College, Rohini, ESIC run medical colleges, Raipur Institute of Medical Sciences RIMS, GMERS medical colleges, Maharishi Markandeshwar Medical College & Hospital, DY Patil medical college, MGM Vashi and many more.
Previously also, Dr. Babu had sought to know what action was taken by the Commission against these colleges. However, earlier, NMC did not provide any information stating that the matter was still sub-judice.
Even though NMC has reiterated that the responsibility of implementing the guidelines lies with the concerned State/UT where the medical institute is located, Dr. Babu pointed out that as per PGMER 2023, the post-graduate students undergoing post-graduate Degree/Diploma/Super-speciality courses in all the institutions shall be paid a stipend at par with the stipend being paid to the post-graduate students of State Government medical institutions/Central Government medical institutions, in the State/Union Territory where the institution is located.
Regarding the issue of stipend for the MBBS interns, the NMC CRMI Regulations, 2021 states that the interns shall be paid a stipend as fixed by the appropriate authority applicable to the institution/ University or State.
Meanwhile, NMC in the Maintenance of Standards of Medical Education Regulations, 2023 has specified what penalties may be imposed on the institute for violation of its rules. As per these regulations, NMC can take action against a medical institute for violation of any of the regulations and such penalties could include withholding and withdrawal of accreditation for five academic years and a penalty of Rs 1 crore.

Siddaramaiah’s MUDA case: Lokayukta police ordered to provide RTI activist copies of probe report

Indian Express: Bangalore: Tuesday, 25 February 2025.
A special court, which has taken on record the final report submitted by the Lokayukta police last week, issued the order after the RTI activist Snehamayi Krishna filed a memo requesting it.
Court directs Lokayukta to provide final report to RTI activist
on Siddaramaiah’s MUDA land case. (File Photo)
A Bengaluru special court for cases involving elected representatives has directed the Karnataka Lokayukta police to provide RTI activist Snehamayi Krishna with copies of their final report in a probe against CM Siddaramaiah over Mysore Urban Development Authority (MUDA) land allotments. The activist has sought the report by March 1.
The special court, which has taken on record the final report submitted by the Lokayukta police last week, issued the order after the RTI activist filed a memo requesting it.
The Lokayukta police have indicated that they intend to close their investigation due to a lack of evidence to support claims that Siddaramaiah profited to the tune of Rs 56 crore after his wife received 14 housing sites in 2021 in exchange for a 3.16-acre plot acquired by MUDA.
The Lokayukta police issued a notice to the RTI activist on February 19, stating their intent to file a closure report for lack of evidence. The RTI activist is expected to challenge the closure report after reviewing the police findings.
The special court has stated that “the investigating agency shall furnish necessary documents pertaining to the investigation/accompanying the final report to the complainant on or before 01.03.2025”.
An FIR had been registered against Siddaramaiah, his wife Parvathi B M, brother-in-law Mallikarjun Swamy, and landowner Devaraju under the Prevention of Corruption Act and Indian Penal Code sections for breach of trust and cheating, based on a complaint filed by the RTI activist.
The Lokayukta police stated in its notice to Snehamayi Krishna on February 19 that there is no evidence available to prove the allegations against the CM, his kin and others.
“As the allegations against accused-1 to accused-4 are not proved due to lack of evidence, the final report is being submitted to the competent court. The final report is being submitted to the court under section 173 (2) of the Criminal Procedure Code after investigations into the allegations over the grant of compensatory plots under the 50:50 scheme, from the year 2016 to 2024, by the Mysore Urban Development Authority,” said the notice.
The Lokayukta police have indicated through the final report that they will continue investigations into other aspects of the MUDA case. Following the submission of the final report to the special court, the report can be contested by the complainant, and the court could accept or reject it.
Earlier in January, the Lokayukta police presented a report on the investigations vetted by senior police officials to the Karnataka High Court, after the court directed supervision of the probe by the Lokayukta police IGP and the ADGP.
On February 7, the Karnataka High Court rejected a plea by Snehamayi Krishna for a CBI probe into the corruption allegations against the CM and his family over the MUDA land allotments, expressing confidence in the Lokayukta police.
The RTI activist, who filed the original private complaint seeking a probe into the MUDA land allotments, claimed that the Lokayukta police were not effectively investigating the case since they operate under the purview of the state government.
“The Lokayukta/office of the Lokayukta does not suffer from questionable independence. The insulation of the institution from external influences is already recognized by the Apex Court and the Division Bench of this Court,” the high court stated in its February 7 order rejecting the plea for a CBI probe.
The high court bench, which reviewed a report presented by the Lokayukta police (in a sealed cover) on the investigations conducted in the corruption case filed against the CM by the RTI activist, noted that there was no indication of any bias by the Lokayukta police in their probe.
“The material on record, on its perusal, nowhere indicates that the investigation conducted by the Lokayukta is partisan, lopsided or shoddy for reference to the CBI for further investigation or reinvestigation,” the high court said.
Snehamayi Krishna, who obtained sanction from Governor Thaawarchand Gehlot to prosecute the CM in August 2024, was granted clearance by the high court on September 24, 2024, to seek an investigation into the MUDA land allotments.
A special court ordered an investigation by the Lokayukta police on September 25, 2024, after the RTI activist sought a probe by the Lokayukta, the CBI, or any other agency.
The MUDA case centres on 14 sites worth Rs 56 crore that were allotted to CM Siddaramaiah’s wife as compensation by MUDA in 2021, when the BJP was in power after approximately 3.16 acres of land, which were gifted to the CM’s wife by her brother in 2010, had been “wrongfully” acquired by MUDA in 2014.
Siddaramaiah has publicly argued that there was no wrongdoing or corruption on his part in the allotment of 14 housing sites by MUDA to his wife during the BJP’s tenure in exchange for the 3.16 acres of land “wrongfully” acquired from her. Following the allegations against her husband, the chief minister’s wife has returned the 14 compensation sites allotted to her by MUDA under a controversial 50:50 scheme.
Siddaramaiah has filed an appeal in the high court against the single-judge order of September 24, 2024, which facilitated the investigation into the alleged illegalities in the MUDA allotments to his wife. A division bench is due to hear the appeal on March 22.

The RTI is now the ‘right to deny information’: Shailesh Gandhi

The Hindu: Opinion: Tuesday, 25 February 2025.
Citizens and the media must take up the responsibility to ensure that the original RTI Act is followed and not allow any distortions
Protesters in New Delhi in 2018. | Photo Credit: The Hindu
The introduction of the Right to Information (RTI) Act was a move that generated great hope among citizens since it recognised them to be the rulers of the nation. It empowered them to seek information from the government, with dignity and respect. It looked as if the ‘swaraj’ that they had missed would be delivered to them. The Act codified their fundamental right to information and was one of the best transparency laws in the world. It appeared that it would curb corruption and arbitrariness, with citizens being the vigilance monitors of their government. But, it must be conceded, it has fallen far short of our expectations and the state of our democracy is not better.
Within a few months, the government realised that this was a transfer of power from public servants to the citizens. In less than a year it moved to amend the law which would have weakened the RTI Act. But there were widespread protests by citizens across the nation. Sensing the mood of the nation, the government dropped the amendments.
A gradual erosion
The RTI Act had created Information Commissions as the final appellate authorities to implement the law. Most of the posts of ‘information commissioner’ were taken up by retired bureaucrats. After working for decades as senior bureaucrats, it was difficult for them to hand over power to citizens and recognise that they were the rightful owners of the government. No attempt was made to select people with a record in transparency. Many of them looked at these jobs as post-retirement sinecures and worked only for a few hours. While the national average of the disposal of cases by High Court judges is over 2,500 in a year, the national average of disposal of cases by the commissioners was less than this. Given the fact that the complexity of cases before commissions is far less than the cases before the High Courts, each commissioner should have been clearing at least over 5,000 cases in a year. While the law mandated a period of 30 days for the information to be provided and the same period for the first appellate authorities, it did not specify any time limit for the commissioners. Many commissions began to have pendency of over a year. The right to information was being converted into a right to history. Many ordinary citizens could not pursue the issue of what was now a denial of information. The penal provisions of the RTI Act were the teeth of the Act, but most information commissioners were reluctant to use them. The governments delayed appointing commissioners, which only increased the backlogs.
The clear message of various High Court judgments was that the exemptions listed under Section 8 of the RTI Act were restrictions on a citizen’s fundamental right and had to be construed strictly as in the law. Parliament intended most information to be provided and crafted the exemptions carefully.
The entire approach to a citizen’s right to information changed in August 2011 when the Supreme Court of India held in Central Board of Secondary Education & Anr. vs Aditya Bandopadhyay & Ors, in paragraph 33: “Some High Courts have held that section 8 of RTI Act is in the nature of an exception to section 3 which empowers the citizens with the right to information, which is a derivative from the freedom of speech; and that therefore section 8 should be construed strictly, literally and narrowly. This may not be the correct approach.”
In paragraph 37 it made a comment without any evidence: “Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counterproductive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non-productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty.”
This justified treating RTI as an undesirable activity and labelling RTI users as outcastes. It justified not giving information and attacks on RTI users.
The subject of ‘personal information’
The second major blow came with the judgment in Girish Ramchandra Deshpande vs Cen. Information Commr. & Ors., in October 2012.
A RTI applicant, Girish Ramchandra Deshpande, had sought copies of all memos, show cause notices and censure/punishment awarded to a public servant. A.B. Lute. He had also sought other details such as his movable and immovable properties and details of his investments, lending and borrowing from banks and other financial institutions.
This was denied claiming exemption under Section 8(1)(j). This section exempts “information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer ... is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.”
A simple reading shows that under this clause, ‘personal’ can be denied if it has apparently no relationship to any public activity or interest; or the disclosure of the said information would cause unwarranted invasion of the privacy of the individual.
The Court did not rule on whether the information was an outcome of a public activity or if its disclosure would amount to an unwarranted invasion of the privacy of the individual. It denied the information by reading only the first seven words of the provision and saying it was ‘personal information’. Most information can be linked to some person. Realising that it may be difficult for public information officers and other appellate authorities to decide on what constitutes privacy, Parliament gave a simple test in the proviso — that information which would not be denied to Parliament or legislature would not be denied to any person. This can only have one meaning. That anyone claiming that information would be denied to the citizen would make a subjective statement that he would deny the information to Parliament.
It is well settled that literal interpretation should be given to a statute if the same does not lead to absurdity. In Nasiruddin and others vs Sita Ram Agarwal (2003) 2 SCC 577, the Court has stated: “37. The court’s jurisdiction to interpret a statute can be invoked when the same is ambiguous... It cannot re-write or recast legislation. It is also necessary to determine that there exists a presumption that the legislature has not used any superfluous words. It is well settled that the real intention of the legislation must be gathered from the language used.”
Girish Ramchandra Deshpande amends the RTI Act and has been used as a precedent in six subsequent Court judgments and has become the gold standard to convert RTI into an RDI, or Right to Deny Information. The Digital Personal Data Protection Act takes a cue from this and amends the RTI Act itself. There are other cases in which words in the law have not been accorded their usual meanings.
A call to citizens
To ensure that the RTI fulfils its original promise we should go by the original Act and not allow any distortions. Citizens and the media must take up the responsibility to discuss and defend it. Otherwise, we will have a dilution of our fundamental right under Article 19(1)(a) of the Constitution of India.
(Shailesh Gandhi is a former Central Information Commissioner)

Monday, February 24, 2025

Mumbai Police Crisis: 379 Personnel Died Since 2022, RTI Reveals Staff Shortage And Work Stress

FPJ: Mumbai: Monday, 24 February 2025.
According to experts, the strength of the police force is insufficient to cater to the city’s growing population. The police are often deployed for political gatherings, religious festivals and other large-scale events.
From 2022 to January 2025, 379 Mumbai Police personnel died while serving on the force, according to RTI statistics.
Of those 379, 334 were due to cardiac ailments and other diseases, and 23 were accidental; 22 personnel died by suicide.
According to experts, the strength of the police force is insufficient to cater to the city’s growing population. The police are often deployed for political gatherings, religious festivals and other large-scale events. Although an eight-hour shift is officially mandated, it is rarely implemented. These and other factors often lead to increased stress among officers and police personnel, impacting their health.
RTI (Right to Information) activist Vihar Durve filed a request on January 14 and received the data from the Mumbai Police Headquarters. The data highlighted discrepancies between the sanctioned police strength and the actual number of personnel hired.
“Only 70% to 75% of the sanctioned posts are filled. Due to excessive workload and lack of leave, many police personnel suffer from health issues, leading to these tragic deaths,” Durve stated.
“I grew up near a police residential area, and I have seen police personnel unable to take leave even for family functions. During the Shakti Mills rape case, the Mumbai Police force was 49,000, but 27,000 officers were assigned to VIP security, leaving fewer officers available to protect ordinary citizens,” he said.
Durve urged authorities to fill all sanctioned police positions to ensure a better balance between the city’s population and the police force. “Currently, Mumbai has around 51,308 police personnel, but there is still a need for an additional 3,000 to 4,000 officers to meet the growing demands,” he said.
Rohidas Dusar, former deputy commissioner of police, Mumbai, said there is always work pressure in the police force. “The department is trying to reduce it as much as possible, but the pressure remains. I have seen a constant lack of manpower in the police force since 1961, when I was in service,” he said.
“The population is increasing in an arithmetic way. For example, five plus five plus five plus five, while crimes are increasing geometrically, for example, five multiple five multiple five... Hence balance is never maintained,” he said.
Dusar said today home guards, Maharashtra security personnel, and others are being hired by the police. “In European countries, they maintain a balance between the population and police personnel. In Mumbai, one police personnel is responsible for more than a thousand individuals. Sometimes, an officer goes on duty at 8am and doesn’t return even by 8am the next day. This is the work culture in the police force. There are times when officers cannot go home for two or three days, and this situation still exists. Quality is more important than quantity. The government recruits police personnel and officers, but they must also provide proper training and resources,” Dusar added.

GIC enforces RTI compliance, makes disclosures a must

Times of India: Ahmedabad: Monday, 24 February 2025.
In a significant move, the Gujarat Information Commission recently issued a comprehensive order addressing the longstanding non-compliance with the Right to Information (RTI) Act's proactive disclosure requirements.
State information commissioner Nikhil Bhatt's directive came in response to a complaint that highlighted systemic failures in implementing Section 4 of the RTI Act, which has been in force for nearly two decades.
The Feb 6 order stemmed from a case filed by Dipesh Joshi, of Savarkundla town in Amreli district, who raised concerns about the lack of proactive information disclosure by Shrimati AK Ghelani Madhyamik Vidyalaya and education authorities in Amreli district. Joshi's complaint revealed that despite the RTI Act, many public authorities failed to disclose basic information about their operations, including details about public information officers and organisational structure.
"The culture of withholding information and lack of awareness continues to hamper the effective implementation of the RTI Act," Bhatt noted in his order, citing a recent Supreme Court ruling (writ petition (civil) No. 990 of 2021) that stressed the importance of proactive disclosure and directed information commissions to enforce Section 4 of the RTI Act. Despite this, the compliance remains inadequate due to a lack of awareness and a culture of withholding information, Bhatt noted.
To address these shortcomings, Bhatt mandated several corrective measures. The district development officer of Amreli has been directed to conduct comprehensive training programmes for public information officers, focusing on both the RTI Act and the Gujarat Right of Citizens to Public Services Act 2013. Additionally, all taluka panchayat websites must be updated to include mandated disclosures. "Public authorities will be held more accountable as they are required to disclose their functions, duties and decision-making processes. This can lead to better governance," said Bhatt. Commissioner Bhatt has warned that disciplinary action will be taken against PIOs and first appellate authorities who fail to comply with the RTI Act.