RTI Non-compliance of CIC order
Vide order dated 20.08.2022, the CIC had directed the respondent to revisit the RTI application and provide the action taken report within four weeks. A complaint was filed for non-compliance of CIC order. In reply to the notice, the PIO stated that they had furnished the information available with them. It came to their notice that the matter was under investigation by Police Authorities and information sought by RTI application was exempt under Section 8(1)(h) of the RTI Act. After adverting to the facts and circumstances of the case and perusal of records, the CIC observed that the PIO had failed to bring the above facts to the notice of the CIC for arriving at a proper decision during hearing. The CIC expressed its displeasure at the lackadaisical attitude of the PIO. However, since the PIO had provided available information and stated that the matter was under investigation by Police Authorities, the PIO was directed to submit their assertions on affidavit before the CIC.
Comments
The PIO should have a thorough understanding of the provisions of the RTI Act and also the facts of the case failing which an error might be committed. In this case, the PIO initially failed to provide the information, then could not defend it before the CIC, subsequently failed to follow the order of the CIC and later provided the information but claimed before the CIC that it was exempt. Indicates really poor grasp of the role to be played by the PIO.
Citation: Shri Harshit Goel v. Punjab & Sind Bank, CIC/PASBK /A/2020/671310; 18.05.2023
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com