Court official invites CIC’s ire over reluctance to go by RTI

The PIO has been directed to explain the lapse by March 25,failing which the Commission would impose on him a monetary penalty for violating provisions of the Right to Information (RTI) Act.

What angered the CIC was the fact that while the RTI Act makes it mandatory for PIOs to send back written replies to queries,the said officer asked applicant Kamran Siddiqui to visit his office on any working day and furnish clarification on his queries.

Siddiqui had sought information regarding the number and qualification of clerks and other staffers employed at the district courts in the Capital.

A significant query pertained to the prolonged employment of a few staffers of the district courts,especially in the Traffic challan courts,which are considered to be lucrative postings. Challan courts have reportedly always been under the scanner for rampant corruption in procedures,notably for clearing challans in “out-of-court” settlements.

In 2005,the CBI had raided the challan courts at Karkardooma and a few staffers were subjected to departmental inquiry after they were found guilty of receiving illegal gratification. As per a judicial officer,internal court orders prohibit a court staffer from working in a challan court for long.

Siddiqui’s application asked for clarification on “whether any anonymous complaint of collusion among the officials posted in the Administration branch and other branches and the challan courts in the office of the District and Sessions Judge was received and whether any action was taken on the complaint.”

While the PIO asked the applicant to come to his office,the first appellate authority abstained from replying.

Siddiqui subsequently moved the CIC,contending that the PIO as well as the appellate authority failed in their respective duties as they neither provided the information nor reasons for not providing the same.

At the hearing on Monday,Information Commissioner Shailesh Gandhi took the PIO to task for not fulfilling his obligation under the RTI Act.

“…the PIO is guilty of not furnishing information within the time specified under the RTI Act. It appears that the PIO’s actions attract penal provisions. A showcause notice is issued to him,and he is directed to furnish his reasons to the Commission on why penalty should not be levied on him,” said Gandhi.

The PIO has also been asked to furnish “complete information” to Siddiqui within by March 20 and also submit proof of the same to the CIC.