Thursday, February 01, 2007

Details of Penalties imposed by the GSIC:

In 6 cases, Penalty is imposed on the Public information officers. The detailes orders are the GSIC web site:http://egov.nic.goa.in/rtipublic/sic.aspx

1.Comp 10/2006
An amount of Rs 4250 was imposed on the Chief officer of Mapuca Muncipal Council

2.Complaint 12/2006
Rs 2500 penalty is imposed on the Asst Registrar of Cooperative societies

3.Cpmplaint 27/2006

Rs 2500 penalty is imposed on the chief officer of Bicholim Muncipal council

4.Complaint 31 of 2006

Rs 2500 penalty is imposed on the Asst Director of Transport, Margao.

5. Appeal 47/2006

Rs 5000 penalty is imposed on Asst Commissioner of Excise.

6.Appeal 32/2006

Rs 5000 penalty is imposed on the Vp Secretary, Anjuna.

In the following cases, compensation is awarded to the citizens for the harrassment caused to them.

1. Com 31 of 2006

Directorate of Transport. Rs 1000 awarded to Edwin Martins.

2.Com 29/2006

The Director of Information & Publicity was directed to compensate Rs 1000 . Besides, Government requested to initiate disciplinary action against him.

3. Com 38/2006

The PWD was directed to compensate Rs 1000 to a citizen.

4.Appeal 9/2006

The police dept was directed to pay Rs 1000 to a citizen

5.Appeal 35/2006

The director of Sports was asked to pay Rs 1000 to a citizen

In the following cases show cause notices were issued for initiating penalty proceedings.

1. Appeal 49/2006
The commissioner, corporation of Panaji was issued a SCN. Hearing to be held

2.Appeal 43/2006

The Town Planner, Margao issued SCN. To be decided.

3. Appeal 5/2006

The principal, Nirmala Institute of Education was issued SCN for penalty. However, The High Court of Bomabay, Panaji bench has stayed further proceedings.


(A Venkataratnam)

AUTONOMY FOR THE GOA STATE INFORMATION COMMISSION! WHAT IS THAT?

Working environment of the goa state information commission





The following table gives the filing & disposal of cases in the Goa state Information Commission(GSIC):
COMPLAINTS APPEALS

MONTH
O.B.
FILED
DISPOSAL
C.B.
O.B.
FILED
DISPOSAL
C.B.
Upto June,0June,06
Nil
12
11
1
Nil
8
8
0
July
1
17
17
1`
0
12
12
0
Aug
1
1
0
2
0
8
8
0
Sep
2
7
7
2
0
5
5
0
Oct
2
1
1
2
0
7
6
1
Nov
2
0
0
2
1
8
2
7
Dec
2
6
0
8
7
13
1
19
Jan07
8
4
5
7
19
17
15
21









Total

48
41
7

78
57
21



























Complaints Appeals

More than 3 months old-------------- 1 1 More than 1 month old----------------4 17 less than I month old-------------------2 3


One complaint is kept pending to monitor periodically, the compliance of the commission’s order regarding the non compliance of suo moto disclosures by the public authorities in GOA.

In all pending matters, the dates of hearing are fixed.

The average time taken for disposal of each case is less than 2 months..


The facilities provided by the state government for effective implementation of the RTI Act.


The chief secretary to GOA GOVT wrote to the chief info commissioner (CIC) on 17th Jan 07 that the Govt will extend all cooperation to the GSIC to implement the RTI Act. He promised to give sufficient accommodation, vehicles for the GSIC, &funds. However, the position at the end of Jan 07 is as follows:
STAFF
As per the provisions of the Sn 16(6) of the Act, the state govt should provide necessary staff . It mandates the govt
(i) to provide the staff to the CIC & SIC and not to the commission:
(ii) The requirement is assessed by the commissioners & not the Govt;
(iii) The staff asked for has to be given

The only power given to the govt is to frame rules governing the service conditions of the staff.

The govt has sanctioned 12 posts for the commission in March 2006, filled 2 posts in March, 06, 8 posts in Dec 06. The secretary was filled on additional charge basis in Dec 06. One post is still vacant. All these posts are assessed by the Govt itself. It does not take into consideration the personal staff of minimum of one steno and one asst and one peon for each of the 2 commissioners. In addition, it did not sanction the registrar for the court work, accountant for the accounts work. Hence the GSIC requested for the creation & filling of 9 posts. There is no response from the Govt.

AUTONOMY
The staff rules were framed by the Govt in Nov 06, not giving any freedom to the GSIC to recruit a single official. The GSIC sent draft rules based on the rules framed for the staff of GOA PUBLIC SERVICE COMMISSION (GPSC), another autonomous institution . Thus, the Govt has not given the autonomy to GSIC though a specific provision is made under Sn 15(4) of the RTI Act.

FUNDS:

Though Rs 24 lakhs were voted by the legislature in July, 06 for the GSIC, the funds were operated by the Director of Information till Jan 16 th 07. This is one and half months after the secretary was appointed on part time basis. This has resulted in the commission dependant on the Director of Information for its salary of officials and the office stationary. In fact, till August, 2006 even the postage was not given for sending notices to the parties. Only now, that is, from the last week of Jan 07, a few bills are being paid. Even now, the TA Bills, medical bills are not paid. Telephones were disconnected for non payment of bills.



OFFICE ACCOMODATION


As against the requirement of office space of 300 sq meters, the GSIC was provided aroubd 75 sq meters , which is not suuficient even for the seating accomadation of staff, not to speak of the advocates, govt officers and citizens attending the court hearings. It is a pity to see them hanging around in the corridors of the office. This has been reported in the local press, but the government is unmoved. This is the environment in which the commission is functioning.

((A Venkataratnam)

Saturday, January 20, 2007

Bright days ahead for Goa state information commission


One and half years after the Right to information Act(RTI Act) has come into force,& one year after the state commission is constituted, finally bright days are ahead for the commission. The commission, last week has received positive indications that the govt of goa is willing to take action to provide the essential requirements of adequate office space, minimum staff and minimum funds.

Office space

After functioning from my residence for 2 months of April and May, 2006, the commission was provided temporary shelter of 79 sq mtrs spanning 2 rooms. The office does not have sufficient place for the citizens, advocates , Govt officers, besides office staff do not have sufficient place to even move around, not to speak of comfortable seating. It is a pity to look at them hanging around in the verandah of the Shrama shakti Bhavan in the mornings at the time of court hearings. As far back as 17-04-06, I have submitted a requirement of 300 sq mts, which is now said to be under active consideration of the govt.

Staff:

Finally, a secretary is appointed for the commission on part time basis since December. After functioning with one under secretary and one peon, it is a welcome relief for the commission to receive 8 more employees from mid December. But, the problem of seating arrangements has further worsened. Officials are playing musical chairs, waiting for some body to vacate a chair.
It is a different matter that all of them were recruited by the Info dept and the Commission does not have any say in the appointment of any of its staff and they were recruited well before the framing of staff recruitment rules in November. Still, there are no personal staff allotted to the Chief commissioner and the info commissioner,
though the RTI Act gives them the status of a supreme court judge and the state chief secretary.

Funds:

The Govt gave Rs 8 lakhs for the commission initially in May and latter voted 24 lakhs in the budget passed on 31st July. However, the money was placed at the disposal of the commission, on 13th Dec. Prior to that, the info director was spending the money on our behalf. We had to go with our requests with appropriate expression. Not that we can spend the money now on our own. The govt has given the powers to “draw and disburse” only on the 16th Jan.07.

Autonomy:

So, it is the same Dir who appoints our staff, who draws and disburses our salary(read bread) and gives us our stationery. Did you say that the Info Comm is autonomous within the meaning of Sn 15(4) of the RTI Act.? The govt perhaps thinks that this is the autonomy.

There is, however, bright light at the end of the tunnel. The length of the tunnel is long and inside the tunnel it is dark. Spring is not far in the coming.


Bye for now


(A Venkataratnam)