Penalised PIOs think its okay not to pay up ……..Viju B
Mumbai: A majority of Public Information Officers (PIOs) appointed under the Right to Information (RTI) Act who have been penalised by central information commissioners for providing incomplete or delayed information have escaped paying fines this far.
Only around 38.66% of the fines levied by the seven central information commissioners over the past four yearsOctober 12, 2005 to August 24, 2009have been recovered by the treasury. The CIC had imposed total fines of Rs 35.85 lakh, out of which only Rs 13.86 lakh has been recovered.
Records with the central Department of Personnel and Training (DOPT) also show that eight penalties were set aside, writ petitions were filed against seven penalties and high courts stayed fines in three cases.
This non-recovery of penalties, which will make the RTI Act ineffective, was discussed at a meeting held by the central information commissioners recently. The commission observed that in many cases action had not been initiated as the status of orders was not known. The compliance to the decision of the commission about recovery generally takes 3-4 months. In some cases, where the commission has directed the recovery in instalments, it even takes up to 8-9 months, the commission noted. The commission has now decided to review the recovery of penalties every quarter.
Pune-based RTI activist Vihar Durve, who is fighting the issue of pendency and non-compliance of penalties, said that the CIC does not follow up on its own orders. He added that it is ironic that the penalties levied by the commission against PIOs for flouting the RTI Act are contested in the high court.
Activist Simpreet Singh who had earlier filed an RTI query with the State Information Commission (SIC) agreed. We found that only 1% of the fines levied by the SIC were deposited back to the treasury, he said. The number of pending second appeals is now touching around 16,000. The PIOs have been blocking many of our queries on slum rehabilitation, he said.
According to activists, even complaints that are sent to the CIC take at least two to three weeks to reach the desk of the information commission. This issue was also discussed at a recent CIC meeting.
The CIC said that the delay in distribution of letters from the central unit to various smaller units is a serious problem. The commission has now directed the administration to ensure the letters be distributed within 3 to 4 days of their receipt.
PENALTY CHECK
* CIC has fined 213 erring PIOs
* Fine amount recovered: Rs 13,86,099
PENALTY CHECK
Oct 12, 2005 to Aug 24, 2009
* CIC has fined 213 erring PIOs
* Total fine imposed:
Rs 35,85,200* Fine amount recovered: Rs 13,86,099
* Penalties set aside: 8
* Writs in high court: 7
* Stays in HC: 3