RTI takes a toll as state fails to carry out penal orders

The annual report includes details of applications and first appeals received under RTI Act at various government offices. It also details the number of second appeals received at the SIC level in the state. The report is tabled before the state legislature as per section 25 of the Act.

The report also gives details of the amount of fine levied and the action taken by the information commissioners against Public Information Officers (PIOs) and First Appeal Authorities (FAAs) in 2012. The report is considered to be a cornerstone in the implementation of the RTI Act in the state.

The reports states that lack of any mechanism with the SICs to monitor implementation of fines,penal actions and other punitive measures ordered against erring PIOs and FAAs stymies the Act’s proper implementation.

According to the report,the SICs had ordered fine of more than Rs 32 lakh in 343 appeals and disciplinary action in 443 cases. “The order of the commission was not carried out. It is expected that the fines be recovered from the salary of the officers who are fined by the accounts department. But that has also not been done. In case laxity in carrying out the orders,the importance of the Act stands compromised,” the report stated.

Aruna Roy,former National Advisory Council member,sees this as yet another trick by the government to weaken the RTI Act. “The report is a clear indication of the government’s lack of transparency,accountability and absolute apathy towards governance. They would have to pay a heavy price for this in the coming elections,” she said.

However,RTI activist Vijay Kumbhar puts the onus of failing to implement the orders on the commissionerates. “Under section 18 of the Act,the SICs have powers to compel the government to follow their orders. Before blaming the government,the commissioners should use their powers in totality,” he said.

Kumbhar said in the past some commissioners had taken steps to ensure their orders are implemented. “That should become the norm instead of the commissioners relaying on the government,” he said.