Sarpanches made SPIO ,will it serve the pourpose

**advocate rajesh** · #1 10-09-2008, 08:37 AM

sir,
sarpanches in haryana have been made SPIO now onwards ,will this decision of the Govt is serve the purpose ,earlier the BDPO was the SPIO who is a Govt official and there was pressure on him regarding departnebtal comment and fine in case the recquired information is not given. Now ther is no pressure on Sarpanch and it is possible that information may not be supplied . The Govt should also make some rules that if a sarpanch does not give information he will not be able to fight election or such type of condition should be there, So that a fair dealing be there,

**DineshK** · #2 10-09-2008, 09:10 AM

I do agree that government should re-consider the appontment of sarpanches as PIO. Most of the Sarpanches are either illiterate or just with primary education. I have found that even the chairmans of these gram panchayats are not well educated to deal with correspondence. How many Sarpanches you think have staff or facilities like computer or typewriter to answer these applications ?

A few days back when I met a Chairman of a gram panchayat he said "For me RTI means Right Hand thumb Impression. I dont know anything beyond that"

Also it is very difficult to contact them as they dont have any particular office. And how many of us can dare to visit the village to inspect the records of the Gram Panchayat unless you yourself belong to that village ?

I still prefer to file my application to BDO so that he transferred it to the sarpanch with necessary instructions. Also the most of the records of gram panchayats is stored at BDO office and Sarpanches visit to BDO office almost daily.

**colnrkurup** · #3 10-09-2008, 09:15 AM

I doubt the sustainability of this order. Sarpach being an elected representative, I doubt whether he can be placed under a bureaucrat FAA and SIC. Naturally he cannot be awarded any penalty under Section 20 also. Similarly I doubt whether the public authority can change or add additional designation to an elected representative.

**jps50** · #4 10-09-2008, 09:26 AM

Sarpancha is not govt employee and it is surprising how Sarpancha can be nominated as PIO. In Guj village officer [Talati] is SPIO of grampanchayat. I have been prefering appln to Mamlatdar or BDO only. He then transfers or gets info from village officers. U can file a complaint with SIC against Sarpanch being nominated PIO by govt, he being not govt employee.

**DineshK** · #5 10-09-2008, 10:37 AM

Quote:

Originally Posted by colnrkurup

I doubt the sustainability of this order. Sarpach being an elected representative, I doubt whether he can be placed under a bureaucrat FAA and SIC. Naturally he cannot be awarded any penalty under Section 20 also. Similarly I doubt whether the public authority can change or add additional designation to an elected representative.

Thank you col sahab for bringing in a very important and valid point. If a sarpanch can be PIO then why not the MLA ? While CIC at Delhi is still planning a full bench hearing if they should bring in the MPs into the ambit of RTI, the state govt of Haryana has already done it !!

I think I should prefer an application before CIC Haryrana on this matter.

Can the learned member please help me to frame questions on this subject ?

**advocate rajesh** · #6 10-09-2008, 01:27 PM

thank u dinesh ji ..........go ahead

**colnrkurup** · #7 10-09-2008, 04:11 PM

Bringing the MPs under the RTI is entirely different from appointing them as PIO. Bringing the MPs under RTI means making them tranparant, something like making them disclose their assets and liabilities. Nothing wrong with it. But an elected representative cannot be placed under a government servant to perform the duties of bureaucrates.

**advocate rajesh** · #8 10-09-2008, 05:54 PM

i think the reason behind this can be that BDPO who were earlier SPIO were being penalised on regular bases ,as they were not able to get the documents from sarpanches in time

**sandeepbaheti** · #9 10-09-2008, 09:38 PM

Sec 5(1) reads: "Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officer......"
Sarpanch cannot be called an officer. So appointment of Sarpanch as PIO is invalid. I think we should write to the SIC about this anomaly.

**advocate rajesh** · #10 10-09-2008, 09:41 PM

yes sir I will defiantly write to SIC in this regard

**DineshK** · #11 10-10-2008, 06:48 AM

I have met few sarpanches and Chairmans of Panchayats and what they told me can surprise any one.

Most of them dont maintain any records of their expenditure. Though a gram sachiv is provided to every village to maintain the records, he never does it. They never file any return and not a single gram panchayat's account has been ever audited. They just get the payment in their Panchayat accounts and it is upto them how they use it.

Gram Panchayats where a lady has been elected under reservation category, his husband or son performs all the duties. Imagine how good she would be as a PIO ? And whom will they punish in case negligence of her duties.

**colnrkurup** · #12 10-10-2008, 06:58 AM

The issue is more serious than appointment of SPIO. The Accountant General or Local Fund Audit Department is expected carrry out periodic audit apart from inspection by Collectorate. Chasing the Panchayatof Sarpanch will be of no use. Someone from that area/state should expose this by seeking relevant information from the Accountant General, Local Fund Audit Department and Collectorate.

**DineshK** · #13 10-10-2008, 07:45 AM

Look at some of the schemes :

1. Free allotment of 100 Sq. yrd plots for weaker section by acquring land at village level.

2. Rs 45 crores each year allotted for employment of 11,000 safai karamcharis in villages

3. Rs 50 Lakhs to each gram panchayat under Mukhya Mantari Anusuchit Jati Gaon Uttathan yojna.

4. House tax abolished in villages. Loss to be compensated by state by way of grants. Rs 15 crores alloted for this purpose.

5. Rs 5 crores for house numbering in villages.

6. Rs 50 lakh to each panchayat for devlopement of pavement on streets.(Rupees 900 crores earmarked by state)

7. Rupees 20,000 for each village for repair of chaupal.

9. Rupees one crore for construction of zila prishad office in each district.

10. Rs 20,000 per annum for each village school.

Other Rural schemes by Central Govt.
Implemented through Gram Panchayats

Swarnjayanti Gram Swarozgar Yojana (SGSY)

Sampooran Grameen Rozgar Yojana (SGRY)

Indira Awaas Yojana (IAY)

Desert Development Programme(DDP)

Members of Parliament Local Area Development Scheme (MPLADS)

National Rural Employment Guarantee Scheme (NREGS)

Rashtriya Sam Vikas Yojana (RSVY) Now BRGF

**advocate rajesh** · #14 10-10-2008, 02:03 PM

Great dinesh ji ............ a very informative reply i would like to mention that ther is more curroption in the panchyat .the panchyat are getting huge funds they are getting revenue by leasing panchyat land , and as you said they are getting aid from center and state. I am sure if all the money is spent in village by the panchyat we can see Mall and big development in villages i.r more than cities . There accounts are unaccounted no proper system is there
I had a talk in the CIC haryana I narrated the fact of appointment of Sarpanch as SPIO , and it is a happy news that the matter has been taken up ..........Details awaited . If we come together could bring out the curroption in villag panchyat it will be a great victory for us. thanks a lot Sir

**jps50** · #15 10-10-2008, 11:40 PM

It is necessary that a complaint u/s 18 should be filed with SIC on Sarpanch as SPIO matter, so that SIC can direct the govt to change such appointment as SPIO.

**advocate rajesh** · #16 10-11-2008, 02:17 PM

As I do not have any written proof regarding but as I am told by the research officer CIC that the matter has been referred to the Haryana GOVT.

**colnrkurup** · #17 10-11-2008, 03:29 PM

The Sarpanch may be working as SPIO as an internal arrangement only. I don't think there could be an IAS Officer, even in Haryana who is dud enough to appoint an elected representative as SPIO. I don't think there will be any order. If it exist, it would be bought by any intelligent media person as hot cake. It amount to mockery of democracy by bureaucrates.

**DineshK** · #18 10-11-2008, 03:43 PM

This is what CIC Haryana has to say about the appointment of Sarpanches as SPIO..

http://cicharyana.gov.in/writereadda...ryana//301.doc

In case the above link doesnt work (cic haryana site is mostly down) , you may download the attachment given below.

**sandeepbaheti** · #19 10-11-2008, 03:50 PM

Anyways there are PIOs other than the sarpanch. Whenever you need to file an application, send it to any other PIO.

The Following 2 Users Say Thank You to DineshK For This Useful Post:
advocate rajesh (10-09-2008), Dr. M. Faiyazuddin (10-30-2008)

The Following User Says Thank You to colnrkurup For This Useful Post:
advocate rajesh (10-09-2008)

The Following User Says Thank You to jps50 For This Useful Post:
advocate rajesh (10-09-2008)

The Following User Says Thank You to sandeepbaheti For This Useful Post:
advocate rajesh (10-09-2008)

The Following User Says Thank You to DineshK For This Useful Post:
Dr. M. Faiyazuddin (10-30-2008)

The Following 2 Users Say Thank You to DineshK For This Useful Post:
advocate rajesh (10-10-2008), jps50 (10-10-2008)