RTI a new Look
by, 01-25-2012 at 05:38 PM (263 Views)
RTI Act in its present form is mighty enough to make the Govt. Offices accountable for what they do and ensure transparency. The only missing piece is a mechanism to execute the processing of RTI Application.
In many cases the ego of the PIO and FAA, makes them resistant to comply with the RTI act. In some cases the RTI Applicants are attacked for asking such and such information... There is no success story of an RTI application against Police Department; instead we get threat calls from Inspector of Police. General public who seek information under RTI doesn't usually knock the doors or law for getting justice. To solve these issues we need a common/centralized system or body to execute RTI applications.
FYI: I have already posted a similar idea in this forum. This is a refined form of that.
Assume that there is a central system / body called "CPU of RTI" or just CPU ( may be central processing unit of RTI ) set up to handle anything related to RTI and also assume that the it has all the powers of CIC/SIC prescribed under RTI Act.
Part - I submitting a RTI Application
1) Applicant submits the RTI Application to CPU along with prescribed fee
2) CPU should scrutinize the RTI Application and reject if the information requested information doesn't constitute as information / falls under section 8 . If everything is proper, then proceed with step three.
3) Usually, CPU should mask the identity of the Applicant and forward the application to PIO of concerned department. An intimation of forward should be sent to the applicant.
4) The PIO is required to furnish the information to CPU within 30 days as prescribed under RTI Act. If the PIO failed to adhere to time line a suitable reason should be provided to CPU. The same reason should be communicated to Applicant.
5) If PIO didn't comply to 4 then for each application a penalty of Rs 250/- per day should be imposed on PIO by CPU until the requested information was furnished. There should be no maximum limit.
6) When information is received by CPU, it should forward the information to Applicant.
Part - II submitting a First Appeal
1) If the information received through CPU is not satisfactory, then the Applicant can file a First Appeal to CPU
2) CPU should forward the appeal to the superior officer of PIO, i.e. FAA as per RTI Act..
3) The same method of masking the identity of applicant should be followed here.
4) The order of FAA should be communicated to CPU, and the CPU will forward the order to appellant
5) If the FAA didnít comply with timelines as prescribed under RTI Act then for each appeal a penalty of Rs 250/- per day should be imposed on FAA by CPU until the decision of FAA was received.
6) When decision is received by CPU, it should forward the Appellant.
Part - III submitting a Second Appeal
1) If the decision of first appeal is not satisfactory, then the applicant may prefer a second appeal.
2) Second Appeal should be handled by CPU itself. There should be timeline specified for action on the second appeal.
3) If decision was not made on Second Appeal within time frame, then compensation of Rs 250/- per day should be paid to the appellant by the CPU until the decision was made.
Part - IV Complaint to CPU
1) Complaint can be admitted by CPU, only if First Appeal and Second Appeal are availed.
2) The Complaint should be handled by a special committee appointed.
3) If that committee finds the PIO / FAA to be guilty of concealing information or providing misleading information then they can recommend for disciplinary action.
4) Similarly if the appellant was not happy with the way the complaint was handled then the appellant may approach the court of law to settle the matter.
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