Gujarat lenient on punishment for failure to provide info,says report

According to the RTI Act,it is mandatory to impose penalty on an officer who does not provide complete and correct information within a prescribed time limit unless there is a reasonable reason for the delay.

Of the total 1,033 cases where information was provided late,it was found that notices were issued in only 239 cases to explain the reasons for the delay. In the balance cases,the reasons were not even inquired. In effect,this means that of those cases in which pro-disclosure orders were passed and the delays were detected,penalty was imposed in only 2.1 per cent cases.

“Compared to this,in Bihar,the commissioners issued penalty notices in more than 90 per cent cases,” the report said. Three commissioners from other parts of the country issued showcause notices in more than 50 per cent cases,it added.

The PCRF has compared and analysed data for the RTI from various commissioners in the country and found that Gujarat commissioner RN Das’ compliance is low “because he closes a case after passing orders in favour of disclosure — without ensuring the compliance thereof,” the report said.

In effect,the commission should not consider the case closed till the appellant informs satisfaction. This,the report says,is being done in states like Punjab,Bihar,Orissa,Arunachal Pradesh and Karnataka.

“If the order is not complied with as per the commission’s directions,AP invokes its powers of arrests and production of documents under Section 18(3) to ensure compliance,” the report says. When contacted for comments on the report,Das said,

“I have not seen it and therefore cannot comment on it.”

At a glance

* Total number of orders analysed: 1,443

* Orders in favour of disclosure: 1,033 (71.6%)

* Orders in which information was partly or fully denied: 182 (12.6%)

* Remanded back: 228 (15.8%)

* Penalties imposed: 22

* Penalties withdrawn subsequently: 0

* Number of arrest warrants issued: 0