CIC: Secretary of the Department to introduce systems by which information furnished by earlier PIO can be verified; train the PIOs not to answer that they joined recently, they did not know what happened earlier and they did not have files with them
Appellant wanted to know which dept. keeps the record plan for the development of unauthorized colonies of Delhi - no response was provided - PIO explained that he joined recently and was not aware of the existence of such an RTI application till the hearing notice was received by him - CIC: provide the information - CIC: Secretary of the Department to introduce systems by which information furnished by earlier PIO can be verified and follow up action is immediately taken up; train the PIOs not to answer that they joined recently, they did not know what happened earlier and they did not have files with them by creating necessary environment and give a proper training to PIOs and APIOs to maintain RTI records in a proper manner
1. The matter, in short, is that the Appellant vide RTI application dt.26.6.12 filed with the Urban Dev. Dept., GNCTD wants to know which dept. keeps the record plan for the development of unauthorized colonies of Delhi like Rajapuri, Madhu Vihar, Uttam Nagar. In response to an appeal filed by the Appellant, the Appellate Authority directed the PIO to provide the requisite information as per available records within ten days.
2. During the hearing, the Respondent officer submitted that planning branch of UD Dept. will have such records. When queried as to why this information was not given earlier, it was the submission of Shri Tomar, that he had joined only on 1.1.13 and till the hearing notice is received by him, he was not aware of the existence of such an RTI application. It is a sad reflection of the maintenance of the office if a new incumbent does not know earlier RTI files which is a serious problem with the department. The PIO is directed to obtain the information from the Planning branch and supply the same to the Appellant within fifteen days.
3. The Commission directs the Secretary of the Department to introduce systems by which information furnished by earlier PIO can be verified and follow up action is immediately taken up. The Commission noticed that frequently officers take plea they joined recently and they do not know what happened earlier and that they do not have files regarding RTI application. If what they stated is true, it is a serious violation of section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; of the RTI Act. The Commission directs the Secretary to train the PIOs not to answer that they joined recently, they did not know what happened earlier and they did not have files with them by creating necessary environment and give a proper training to PIOs and APIOs to maintain RTI records atleast in a proper manner. If this is the plight of RTI orders one can easily imagine the position of other records. In this case, the department which is expected to regularize unauthorized colonies claim that they do not have other record or they do not make any plan for the development of unauthorized colonies of Delhi. The Commission directs the Secretary to take immediate measures to comply with suggestions made above and report same to the Commission within two months. It is surprised to note that the office which receives RTI application responds to it and also the first appeal does not main that record.
(M. Sridhar Acharyulu)
Citation: Dinesh Kumar Saini v. Urban Dev. Dept., GNCTD in File No.CIC/AD/A/2012/003572SA