Probably for the first time since the RTI Act came into force, the Central Information Commission has invoked penal provisions against a few public officials for non-disclosure of file notings despite its order for the same.

The Chief Public Information Officer and the Deputy Secretary (Administration) of the President’s Secretariat and the CPIO of the Department of Personnel & Training were issued showcause notice under various sections of the Indian Penal Code for wilfully disobeying the orders of the Commission to provide all file notings as requested by an appellant, S S Bhamra. Bhamra had requested information on the criteria adopted by the President’s Secretariat for giving promotion to a few junior officers. Despite repeated reminders and clarification by the Commission that file notings are not exempted from disclosure, the same was not provided on the grounds that the matter has been referred to the DoPT for advice as to whether the file notings could be provided as ordered by the Commission.

In the hearing convened by the CIC for non-compliance of its orders on December 27, none of the concerned officials appeared before it.

Taking a serious note of this, the CIC held that from the facts and circumstances of the case, it appears that there has been deliberate violation of the orders passed by the Commission and what has been provided to the appellant is admittedly “incomplete” and the President’s Secretariat has been persistently claiming this incomplete information as the complete information.

In his order, Chief Information Commissioner Wajahat Habibullah said: “Prima facie, it appears that the functionaries in the President’s Secretariat and in the DoPT have completely overlooked the fact that the proceedings before the Commission are judicial proceedings and its decisions are binding and that this Commission has been given the power under the law to require any public authority to take any such steps as may be necessary to secure compliance with the provisions of the Act.”

... contd.