Public Servants Cry Of ' Misuse Of RTI Act'

[colnrkurup]

It has now become a fashion for the SIC/ICs to allege on RTI Activists that they are misusing the RTI Act. Almost all the Press Conferences and public speeches of these "Wise Men" end up with a sermon to that effect as if 'mis use of ' RTI Act is the greatest obstacle in the way of implementing the RTI Act. I fail to understand as to how an Activist can mis-use the Act. He can only request for an information and that too by paying Rs.10/- and other administrative expenses including speed post/registred post charges. If he is not entitled to get it as per the Act, the PIO, AA and the SIC have all the powers to deny it declaring that he is not entitled for that information quotting provisions of the Act. They are unable to do it because there is no such provision. All they want to convey to the public is that they are trying their best to implement the Act but the RTI Activists are not allowing them to do so. The most interesting part is that these " Wise Men" leave the hall immediately after their sermons giving no opportunity to the public to seek their clarification. Of cource our Media do their service by promptly publishing it though the Media is not aware of wisdom/opinion or existance of a tribe called RTI Activists. Recently I had come across another term used by the "Wise Men" - "VEXATIOUS " least realising that every criminal laws are boud to be vexatious to the delinquent and an honest, law-abiding public servant does not get annoyed in disclosing the truth.

[vashisthvivek]

Respected Colonel Sir,
You are absolutely correct. I think this problem is surfacing due to wrong appointments to the Information Commissions. Ss 12 & 15 provides for the appointment of the ICs from various fields, but the Information Commissions are being hijacked by a single group i.e. Bureaucrats, who have been responsible for this environment of secrecy. If the ICs are appointed from the various fields provided under the Act, the aforesaid problem may not be there. I do not mean to say that all the bureaucrats are of same kind, but it is to see that how many nice bureaucrats, who are honest and transparent in their working, have been able to make it to these bodies.

[karira]

vashistvivek,

Now that you have brought up this subject of CIC and SIC appointments, I did a analysis on appointment of bureaucrats in some states and following is the outcome:

CIC/SCIC IC's Nos. IC's Ex Bureaucrats

Centre Yes 4 All 4
Andhra Pradesh Yes 3 None
Assam Yes 1 1
Bihar Ex-Judge 2 All
Chattisgarh None appointed 1 1
Goa ?? ?? ??
Gujarat ?? ?? ??
Haryana Yes 1 1
HP ?? ?? ??
Karnataka Yes 2 2
Kerala Yes 1 1
MP Yes 0 0
Maharashtra Yes 3 1 sure , others ??
Meghalaya ?? ?? ??
Mizoram ?? ?? ??
Nagaland Yes 2 None
Orissa Yes 1 1
Punjab Yes 8 6
Sikkim Yes 0 0
Tamil Nadu Yes 2 2
Tripura ?? ?? ??
UP No 5 1
Uttaranchal ?? ?? ??

Readers can draw their own conclusions

[sngupta]

Why public servants will not cry
They are loosing powers which they are enjoying at present by using a very less mind for public services.
If Govt will reduce retirement age from 60 to 55 no any Govt servant will make complained for misuse of RTI.
Due to continously increase in retirement age the public servants are now only trying to get the job of Govt till death and want to live without obstructions and complaining the misuse of RTI.
So many public servants are not following the constitution and so many times this have come in notice. If we do not have any otherwise intention we may be tranparent and accountable.
RTI may be used as a tool of survey this may provide us the real lapses availabe in country. Where there is much unsatisfaction we may prepare a plan to resolve the problem.
RTI may be usefull in reducing the court cases.
RTI may do justice.
RTI is really a work of GOD as GOD also want tranparent and accountable working in human being.
GOD only help those works with transparency.We need tranparent and accountable administration to save the country.

[vashisthvivek]

Originally Posted by karira

vashistvivek,

Now that you have brought up this subject of CIC and SIC appointments, I did a analysis on appointment of bureaucrats in some states and following is the outcome:

CIC/SCIC IC's Nos. IC's Ex Bureaucrats

I have analysed the position in detail and the outcome is as under:-

[kushal]

Thank you vivek for the great analysis. I have modified the word file into PDF and uploaded it again.

[karira]

Thanks Kushal for putting this up in pdf format.

Can you include the information of IC's in the states also....this is given in my post # 3 in this thread. I tried to put it up in proper format but was not successful.
The information in each column is:

Name of State
If CIC/SCIC is a ex bureaucrat or not
How many IC's appointed in the state
How many of the appointed IC's are ex bureaucrats.

Names have not been given, but I have them with me.

This will give complete picture form web based sources.
If individual members have more information, the pdf document can be continuously updated.

[abhijeet]

Originally Posted by sngupta

Why public servants will not cry
.
GOD only help those works with transparency.We need tranparent and accountable administration to save the country.

We need it but there are plenty of persons who don't need it for their own benefit. This is my bitter experience. last 4 years we have been trying for the proper administrative action against one corrupt( so powerful and influencial also) Govt officer, but all in vain. Every one excepting the CM's office ' sincerely ' tried to help that corrupt officer, and as such with the blessings of thsse "GODS" that out and out corrupt person escaped punishment and retired 'unhurt' . We left no stone unterned but became unsuccessful to bring the transparency. I had shared this experience in the thread- "coprrupt officer escaped punishment".
There are plenty of persons who like so many things excepting transparency. This is the cruel reality of the situation. we can onle expect that--- We shall overcome some day. when that someday will come, we don't know. let it be sooner-

Originally Posted by karira

Thanks Kushal for putting this up in pdf format.

.

Name of State West Bengal SIC
If CIC/SCIC is a ex bureaucrat or not -- Certainly , bureaucrat only.
How many IC's appointed in the state Only one
How many of the appointed IC's are ex bureaucrats.

.

[sngupta]

Dear Mr Abhijeet,
Honarary retirement of any person is not a proof of his honesty or cleaniness. I am quite confident that the human being working with partiality or misusing the public post for some timely benefit will definately be punished. Some persons feels at very early stage like "Mahatma Gandhi" who realised so many mistakes in early age and rectified the same. The person who is not realising the mistakes at the stage of retirement now there is no way to correct it.
GOD have accounting of whole KARMA`s of human being and whole account will be cleared by GOD.
Yeh sab vidhi ka vidhan hai.

[snkmoorthy]

thank you,karira; you have taken a big load off my mind. i appreciate your timely advice. thanks once again.

[snkmoorthy]

misuse of the rti act - this is not something peculiar to rti act; before the benefits of any legislation reach the people, misuse of the act starts immediately; take for example the acts regarding dowry and domestic violence; i know of many women who overtly or covertly threaten their menfolk with dire consequences quoting the provisions of these acts; i myself have recently come across a petition under rti act seeking information that is simply voluminous which would take me months to collect that information. certainly the intention of the petitioner is not to get information but to embarass the pio. reality; use and misuse of any legislation is co-extensive.

[abhijeet]

"If he is not entitled to get it as per the Act, the PIO, AA and the SIC have all the powers to deny it declaring that he is not entitled for that information quotting provisions of the Act. They are unable to do it because there is no such provision."

But the point is SPIO of one Dept is providing no information at all and that without mentioning any such provision. The AA of that Dept. simply mentioning the view of SPIO- record is not available in the file. SIC is taking too much time for any decision, I got only one proper step from SIC in a year. SIC is very soft towards the SPIO & AA. We are really helpless

[karira]

Originally Posted by snkmoorthy

thank you,karira; you have taken a big load off my mind. i appreciate your timely advice. thanks once again.

Appreciate the Thanks but cannot understand for what ?
Maybe posted in the wrong thread / thanked the wrong person /wrongly addressed ?

[maneesh]

Good work karira & vivek

[colnrkurup]

At least we should be very clear that " there is absolutely no scope for misuse of the RTI Act". The Appellants only "Request" for an information strictly as per the provisions of the RTI Act. How can a request become misuse ? Yes, our LEARNED COMMISSIONS can allege that the RTI Activists are misusing the information when given. That is of no concern of the Wise-men. Has the Commission has any authority in not abiding with this statutory function of the Commissions confined to see that "the information requested fall under the defenition givenin Section 2(f) and ambit of Section 4(1)(d), does not fall under any of the excemptions given in the Act, does not disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the records in question and the person seeking the ibid information has paid the prescribed fees and additonal charges asked for ? " .The commission has absolutely no business to step outside this parameter. The entire drama of misuse is a hoax to escape from their above duties.

[abhijeet]

Dear Mr sngupta,
Now a days your GOD has also become too much biased , as a result of which the corrupt persons as well as corrupt administration are so much powerful in all sphere of life. Probably this is the manifestation of KALIJUG . And we are suffering for this only. Let us hope that by the grace of GOD we will able to break this unity of them

[narayanvarma]

just to give info that in MAHARASHTRA except one, sic in PUNE all sics including chief are bureaucrats.

[vijendra singh]

Public servant[info comissioner] will naturally favor other public servant[PIO].There must be check& scrutiny system over decisions of info comm.They also must be PUNISHABLE. Then they will act hoestly.

[revribhav]

My employer(a public sector general insurance Company) has devised "innovative" ideas,they have entangled me in two separte disciplinary charge meo and subsequesnt enquiries,now they quote some provision regarding "offender" that since "enquiry" is pending or under progress,they are denying the information.

[vijendra singh]

No sir, they cannot deny the info. RTI Section 8[h]saysthat info impeding the procecution of offender can be denied. In yr case, u decide whether demanded info can impede their procecution case. U should tell yr views clearly stating how demanded info will not slow down the case & u r asking that info just to prove yr non-misconduct & also that the info is necessary , relevant in view of NATURAL JUSTICE.