So far, the Goa Information commission has disposed off 29 cases , both complaints and appeals included all of which are on the web site http://egov.goa.nic.in/sic.aspx.
The important thing to be noted is that all orders of the commission are complied with, including the latest one by the police dept of goa. It has issued instructions to its staff that the APIOs have no jurisdiction to refuse information. Only one public authority has gone to the high court, which has not yet admitted.
The Goa government has not yet placed funds at the disposal of the commission. Last time , I raised this point in the interaction meeting organised by the Goa chapter of institute of public administration, the chief secretary of goa has expressed his rightful indignation that such matters will take time. Well, 11 months have passed by after the RTI Act has come into force and 6 months passed by after the state commission is constituted. It is for the readers to come to a conclusion whether sufficient time was available for the government to make this order of placing funds for the functioning mof the goa commission.
(A Venkataratnam)
Tuesday, September 26, 2006
Monday, September 11, 2006
Implementation of RTI Act in Goa
Implementation of RTI Act in GOA
Since I last wrote about the seminars organized by the Law colleges in Goa on the RTI Act implementation, I notice that some news papers in Goa also took up the publicity of the activities under RTI in Goa. For instance, the Herald news paper commented editorially, about the slow progress in the suo motto publication of the 17 point manuals by the Govt depts. and the non-appointment of Public Information Officers (PIOs) and the appellate authorities by them. Though it is mandated that they should do so within 120 days of the implementation of the Act, and more than 300 days have passed by , many of them did not comply. Even the few, who did so, after constant breathing down their neck, made so many mistakes that we had to pass another directing the revision of the list and personal monitoring by the chief secretary of the state. Hopefully, things might improve in course of the next month. The State info commission also pointed out the need to bring out the info in a booklet form and price it reasonably low, if necessary by subsidizing its cost so that citizens can make use of it.
The Govt is also mandated to impart training to its own officials to effectively implement the RTI Act, and publish the Act and rules in local language and give wide publicity. The review of the implementation of RTI is expected to be taken up in Oct at a national covention where the representatives of Central and state commissions, the social activists, & Govt officials are expected to take part.
Since I last wrote about the seminars organized by the Law colleges in Goa on the RTI Act implementation, I notice that some news papers in Goa also took up the publicity of the activities under RTI in Goa. For instance, the Herald news paper commented editorially, about the slow progress in the suo motto publication of the 17 point manuals by the Govt depts. and the non-appointment of Public Information Officers (PIOs) and the appellate authorities by them. Though it is mandated that they should do so within 120 days of the implementation of the Act, and more than 300 days have passed by , many of them did not comply. Even the few, who did so, after constant breathing down their neck, made so many mistakes that we had to pass another directing the revision of the list and personal monitoring by the chief secretary of the state. Hopefully, things might improve in course of the next month. The State info commission also pointed out the need to bring out the info in a booklet form and price it reasonably low, if necessary by subsidizing its cost so that citizens can make use of it.
The Govt is also mandated to impart training to its own officials to effectively implement the RTI Act, and publish the Act and rules in local language and give wide publicity. The review of the implementation of RTI is expected to be taken up in Oct at a national covention where the representatives of Central and state commissions, the social activists, & Govt officials are expected to take part.
DOCUMENTS TO BE SUPPLIED FREE BY THE PUBLIC AUTHORITIES AFTER 30 DAYS
There was an interesting case before the Goa Info Commission where the citizen complained against the mining dept that he was not given the documents asked by him within the statutory period of 30 days and that he is entitiled for free supply of info under Sn 7(6) of the RTI Act. The commission held that this provision is applicable only to the documents mentioned in Sn 7(5) of the Act. That is, only the printed papers or the electronic data. However, the initial application fee of Rs 10 is payable in all cases including the applications for inspection of documents though it is free for the first half hour. It was also held that the citizen cannot be sent away without giving the docs on the day fixed for giving them only on the plea that he did not meet the PIO.
Information Commission is not the forum for deciding whether the certificates produced by an employee are genuine or not.
In another case, a complaint was filed before the GSIC that an employee manipulated his date of birth and action has to be taken against him and the dept for furnishing false info to the citizen. It was held that such cases to dermine whether there was forgery or fraud have to be decided by another forum and not the Info commission. The dept has furnished correctly whatever info was available with them.
The employee also cannot be called a III party under the RTI Act.
For full details refer to the web site http://egov.goa.nic.in/rtipublic/sic.aspx
There was an interesting case before the Goa Info Commission where the citizen complained against the mining dept that he was not given the documents asked by him within the statutory period of 30 days and that he is entitiled for free supply of info under Sn 7(6) of the RTI Act. The commission held that this provision is applicable only to the documents mentioned in Sn 7(5) of the Act. That is, only the printed papers or the electronic data. However, the initial application fee of Rs 10 is payable in all cases including the applications for inspection of documents though it is free for the first half hour. It was also held that the citizen cannot be sent away without giving the docs on the day fixed for giving them only on the plea that he did not meet the PIO.
Information Commission is not the forum for deciding whether the certificates produced by an employee are genuine or not.
In another case, a complaint was filed before the GSIC that an employee manipulated his date of birth and action has to be taken against him and the dept for furnishing false info to the citizen. It was held that such cases to dermine whether there was forgery or fraud have to be decided by another forum and not the Info commission. The dept has furnished correctly whatever info was available with them.
The employee also cannot be called a III party under the RTI Act.
For full details refer to the web site http://egov.goa.nic.in/rtipublic/sic.aspx
Wednesday, September 06, 2006
APIO cannot refuse a request for information
The Goa RTI commission has decided 2 cases, one against the police dept and another objecting to the payment of fee for inspection of documents. Full details are at the site http://egov.goa.nic/rtipublic/sic.aspx.
Briefly, the police department in goa has adopted a system of hierarchy of APIO/PIO/AA. If somebody approaches PIO, he is directed to first go to the APIO, though both the APIO and PIO are in the same building. The APIO refuses the request without authority. If an appeal is filed that is disposed off as a routine correspondence and not after hearing the appellant and not passing a reasoned order. Enquiry into a complaint against a superintendent of police is conducted by another superintendent of police. On a RTI Application, the information is refused by the same SP against whom the complaint is filed. It is a curious situation. Certain directions are given to the Director General Of Police. Let us hope for the best.
Briefly, the police department in goa has adopted a system of hierarchy of APIO/PIO/AA. If somebody approaches PIO, he is directed to first go to the APIO, though both the APIO and PIO are in the same building. The APIO refuses the request without authority. If an appeal is filed that is disposed off as a routine correspondence and not after hearing the appellant and not passing a reasoned order. Enquiry into a complaint against a superintendent of police is conducted by another superintendent of police. On a RTI Application, the information is refused by the same SP against whom the complaint is filed. It is a curious situation. Certain directions are given to the Director General Of Police. Let us hope for the best.
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