CIC suggests Centre to treat Information Officers as its men

[sidmis]

NEW DELHI: In an attempt to ensure "fearless" disclosure of information under the Right to Information (RTI) Act, the Central Information Commission (CIC) has suggested to the Centre that information officers of all "public authorities" be considered as officers of the Commission.

"Just as vigilance officers in government departments who, though working in the department, are considered also to be officials of the Central Vigilance Commission ... the PIOs (Public Information Officers) of public authorities should be considered as officers of Central Information Commission...," the CIC said in its first annual report.

The report, recently placed in the Parliament, made the suggestion after noting that some PIOs have expressed a fear that divulging information, under the RTI, was against the wishes of their seniors and could result into adverse remarks being made in their Annual Confidential Reports (ACRs).

"It is obvious that Public Information Officers (PIOs) have a difficult task to fulfil ... they are often caught between the wrath and reluctance of their seniors in having to part with information and the insistence of the CIC that they do their duty," the report said.

Noting that such fears could have an adverse bearing on the effective implementation of the RTI Act, the Commission proposed that ACRs of PIOs should be written by Information Commissioners, either in the Centre or in the states, so as to enable them to work "objectively and fearlessly".

The 2005-2006 annual report has also brought into light the Commission's frustration on being deprived of powers to ensure strict implementation of its decisions.

Source : ET 14 Oct, 2007

[karira]

I do not agree with this suggestion of the CIC.

Let's forget about the RTI Act and the PIO for a moment.

If what the CIC says about PIO's is correct than NO officer or staff of the Government will ever take any decision about anything. There will always be some senior officer or colleague who will not only be against a decision but will be unhappy about it or be adversely affected by it. Does that mean that no one will ever decide anything in the Government. Or does it mean that all decisions in the Government are currently taken with just one factor in mind......lets keep everyone happy and satisfied....Colleagues, Superior Officers and Politicians !

Why is the SIC/CIC not using his/her/their powers under Section 20(1) and 20(2) combined with Section 5(4) and 5(5) to levy penalty, disciplinary action under service rules, etc.

How will making the PIO an officer of the Information Commission solve any problem of being "fearless" ? The PIO will continue to be in the PA even after he demits as a PIO. He will continue with the same set of colleagues and officers till he is transferred to another PA. So where is the difference ?

Writing of ACR by Information Commissioners is also not a practical suggestion. In many PA's where I have apllied for information under the RTI Act, the PIO has a dual role...besides being a PIO, he is also holding charge of some other post. How can the the IC write his ACR about this "other" role ? As it is there is a huge backlog in the SIC's and CIC. With the IC's also starting to write ACR's, even the ACR's will never be written.

Just refer to: http://www.and.nic.in/rti/PIO-APIO.pdf

For Andaman and Nicobar Islands (I am using this as an example becaue it was the first link that I got), as per the above list, there are 301 PIO's. If th IC's are going to write 301 ACR's for just A&N Islands, the IC will ONLY be writing ACR's all their lives ! Who will listen to Second Appeals ?

Besides , can someone working in the Government explain as to how a IC sitting in Delhi, is going to write a ACR about a officer whom he has never seen nor interacted ever. What if a particualr PIO never got a RTI Application. What will the IC write in the ACR about such a PIO ?

This suggestion is typical "giving lame duck excuses for existing problems".

Hope it never sees the light of the day.

[colnrkurup]

Dear Mr.Karira,
I had already read this. I have been conrolling my reaction lest it may cause annoyance. I did not appreciate it at all. There will at least be more than 10,000 PIOs in India. How can the CIC write their ACRs ? There will be doctors, engineers, scientists etc who may be acting as PIOs. Does the CIC want to decide their fate just because they did not furnish an information ignoring their primary responsibilities as doctors, engineers etc. The above plea of CIC become important in view of an SIC's recent caution to the NGOs and RTI Activist's alleging that they are misusing the RTI Act and causing harassement to officials. I just could not understand as to how an appellant's asking for an informtion can become a harassement unless of cource the information asked for if expossed is likely to expose corruption which is likely to harm the officials. I would have appreciatted if the CIC and SIC have been using provisions of Section 20(2). I find that even the CIC/SICs are scared of using this provision. We have seen the CIC's demands he has projected to the Nation during the lastCIC's confeenceon 17-10-2007. I feel pity on him.