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.