How to tackle the collective evasive act of PIO in West Bengal

[Debashis Basu]

Friends

My 3 rd application to State PIO of Land & Land Reforms Department, Govt Of West Bengal has been diverted to another officer within the PA.

My 1st application received similar fate and my appeal to Appellate Authority has met with window dressed and inadequate answers ! I am now preparing the appeal to SIC who has now become famous to copy & paste an one line decision that "the concerned PIO is being directed to reply within 15 days". Very few cases are heard and then decision is given.

My 2nd application to Chief Secretary of the state to learn the full compliance under RTI Act disclosure and details of diffrent PIO under state and their telephone & full address. He has not bothered to reply this mail though postal acknowledgement card has returned to me and more than 30 days are over from the date of receipt of my application under RTI Act with rs 10/- court fee stamp.

Please help me to learn ways and means to fight back this collective evasive act by PIOs of West Bengal for which they very seldom pay fine @Rs250/- day fine for the rampant delay. There may be very few fines by SIC and it is only on those officers who possibly does not drill under a red flag.

[Debashis Basu]

Shall request all senior RTI activists for their advice on above.

[abhijeet]

Dear Debasish,
We are on the same boat brother. These PIOs are nicely aware that the fellow , who is supposed to take action against them for furnishing" incorrect, misleading & incomplete reply" with malafide intention , that too after submission of 2nd appeal are very sympathetic with them. So no prpblem at all. You glad to mention that penalty of Rs 25000/ of a health officer- but you know when I received reply after 103
days of submission the Chief Information Commissioner's Secretary did not bother at all. "the concerned Pio is being directed to reply within 30 days". in future . He wrote to the concerned PIO. I made a status report of 18 applications submitted to that PIO, reply of which was not furnished even after 40 to 85 days. THe Hon'ble Secretary of SIC could not follow my submission and the PIO did simply ignored my submission. I am yet to receive reply of 10.5/7, 16/5/7, 23.5/7 etc. PIO of the cooperation directorate on 18/05/07 furnished information lile this- No record is available .... in case of 14 queries out of 18.

So, I am badly in need of some antidote of this type of fellows.
With best of luck ------ Abhijeet

[linardni]

Can't we bring into knowledge this callous attitude of the RTI officials to the editors of popular newspapers and to popular TV Programs like "Khojkhabar" (A Bengali TV serial meant for exterminating evils and corruptions of the society)?

[ganpat1956]

Dear Debashis & Abhijeet,
Our web portal is mainly devoted for the cause of dissemination of information and rightful interpretation of the RTI Act. We have been playing an effectve but limited role in the field of RTI because of the boundaries within which we function. Outlining antidotes or any other type of direct action may go beyond the purview of this portal. For this you may have to get in touch with the local RTI activists in your area and ascertain how they have been handling these types of problems. My web search reveals atleast one name repeatedly, that of Mr Malay Bhattacharya, who runs what is known as West Bengal RTI Manch. This gentleman has also conducted several RTI awareness programmes among students in W Bengal. I would suggest you to get in touch with him and find out how similar matters are handled by their Manch. His phone numbers available in the web are : 033-40042286 ; Mobile: 0-9231413834. I hope this information will be of some use to both of you.

[ganpat1956]

Originally Posted by linardni

Can't we bring into knowledge this callous attitude of the RTI officials to the editors of popular newspapers and to popular TV Programs like "Khojkhabar" (A Bengali TV serial meant for exterminating evils and corruptions of the society)?

You can definitely raise these matters through various popular news papers. As somebody who had taken recourse to this route very often in the past, I can give you some additional suggestions. Just one letter from a single individual will not achieve much. It shoud be a sustained and continued effort. If a few of you start doing it, sometimes you may be surprised at the string of responses that follow your letter. As long as the media you choose to voice your opinion does not depend on govt advertisements for its sustenance, your views on matter of good governance and public benefit will definitely be published/aired.

[abhijeet]

We have been playing an effectve but limited role in the field of RTI because of the boundaries within which we function. Outlining antidotes or any other type of direct action may go beyond the purview of this portal. Exactly I do admit what you have mentioned . Frustration has compelled me to mention the fact in that manner. Corruption has become the common practice of the day in our society. The point is helpless situation has the main reason of the ccommon man to take initiative for fighting against corruption. Because corrupt persons are widely accepted from the influential persons of the administration. How long should a person will go to the courts of different stages. But RTI is a useful for this purpose-- but there also consolidated force of active persons is needed.That way RTI pertal is really helpful to us .---- Abhijeet

[colnrkurup]

Despite its constrains, this portal has been giving valuable clues which might not have identified by the stakeholders earlier. When I reached a position worst than yours have brought out in this forum where the SIC has resorted to spreading disinformation with simultaneous coverage in 'Hindu". I was suggested to approach His Excellency the Governor. Availability of this source never struck me earlier. I had complained to His Excellency the Governor of Kerala about the dismalperformanceof SIC with 3 more ICs, Secretary,Legal Advisor, Under Secretary etc consisting of a staff strength of 35 ( including 6 clerks and PAs forthe Commissioners) not even holding any hearing outside their HQs and not even acknowledging complaints pending over 18 months. I did not get any reply from theGovernor; but within a month the Ministry has decided to appoint 5 more ICs thus making the strenth to 9. It means my complaint to the governor as advised worked. I also get a reply from "The Hindu" that the simultaneous publishing of half a page rosy picture and Press conference of SIC spreading disinformation was only a coincidental. Let us see as to what happens when all the 9 Commissioners start functioning. Acording to CIC, an IC should be able to clear 100 cases per month. On this yardstick the SIC kerala should be able to clear all their pending complaints within a month. Let us wait and see

[ganpat1956]

Colonel Sir,
Getting another five ICs for your SIC is a real success story. I am sure all the persistent follow-up from your end has played a major factor in this dramatic turn of events.

[abhijeet]

Dear Indranil,

You have very correctly quoted-
Knowing is not enough; we must apply.
Willing is not enough; we must do.
-Johann Wolfgang von Goethe

In our case we had applied , and we have did it. You mentioned that we should contact "Khonjkhabor" etc. For that matter we would like to mention you that in DEc.2003 and also in Jan. 2004 , Khonjkhabor " has covered the corruption of our housing society. In news paper some two dozen times differennt aspects of it were reported. Last it came in the Statesman on 21st Sept,2007- You have gone through that thread. When top of the concerned Administration is helping the corrupt persons, we with little force and a few active members are trying to do as much as possible. We have been fighting corruption since 25 years, at least 30 members have died by that time. Let us see how RTI activities be helpful to us. Even we did not get any response to our many RTI applications submitted in MAY,07, even after 2nd appeals. I seek your comments regarding my news item , what you have gone through and Ganpat has nicely reported it---Abhijeet

[linardni]

Dear Mr.Abhijeet,
I understand in its true sense that you have taken lot of steps in all possible dimensions to mobilize the implementation of RTI Act. You all are the veteran soldiers having a rich experience of long 25 years. I don't dare to offer any suggestion. However your tenacity proves that we have a long way to go. A really very long way till we could bring the topsy-turvy state of affair on the right track. It’s all your positive steps and attitudes that motivate us to step forward, to stand up and fight with the repeated fiascos. Being optimist, we should go on knocking all possible doors up to the level of the topmost hierarchy of the administration.
Perhaps you remember the slogan of the mass in the popular Bengali film Gupi Gayen Bagha Bayen, of Satyajit Ray) when the reign of the cruel ruler terminates. "Dori dhore maro taan, Raja hobe khankhan" (Pull the rope and the statue of the king will be shattered into pieces). We are all upon that job of grounding the masked corrupted kings of today. After all the question is to win the battle and not every war, isn’t it?

[adil85]

Please advice whether any PIL can be filed before Kolkata High Court against the CIC WB. staff .I have sent an appeal before the CIC WB which has not even been acknowledged.Their web site is still under construction. I feel they should be made accountable.I believe that public servants who do not work in accordance with the law are working against the interest of the people and country. It is likely to show its affect after several years and it may be a dangerous trend for a democratic country. What is the remedy.
adil

[colnrkurup]

I don't think filing a PIL can solve the problem. Whom all againt you will file PIL ? These are small cogs in the corrupt official machinery. Unless the machinery is willing to recognise these malodies and compelled to mend their ways, nothing will happen.

[sunaabhsarkar]

West Bengal has its own unique way of working. Where there is rebellion at the fall of a pin, looking for a quantum change in the over all functioning of the Govt machinery is just next to impossible. Just like old habits die hard, its a herculean task to bring about such a quantum change in the official machinery. Some time ago while in Kolkata I was discussing irregularities in the Govt Machinary in WB with a friend and later on with a relative, surprisingly, in both the cases I was greeted with quote "... This is Bengal, we have our own way of handling things.... Central Govt Rules Regulations are neither acceptable nor implementable here... you are welcome to your opinion but your opinion is not welcome here....." . / unquote. I guess, Kolkata has a long way to travel to come to terms with RTI.

Dear Moderator, I hope I don't sound too political, but this is the grass root level status in Bengal. And if it sounds that way you are at a liberty to moderate the post.
Sunaabh

[kushal]

Dear Sunaabh,
That is perfectly ok to describe what is near truth and happening.

I frequently hear fellow Officers complaining about their staff: 'Cholbe Na, Cholbe Na'.

I think Maneesh can throw more light into this.

[sunaabhsarkar]

Thanks Kushal,

I wish my fellow Bongs realise that the"Cholbe Na...' if not reigned will sooner or later make Bengal "Achal"...