Negligence in implementation of the RTI act by the Public Authority

Background

The Appellant sought information regarding an examination conducted in 1990. The Public Information Officer (PIO) did not provide any information and the First Appellate Authority (FAA) did not pass any order. On the second appeal by the appellant, the CIC directed the PIO for the disclosure of information and to explain the reasons for not providing it earlier. The order of the commission was not complied with and hence the appellant had to approach the Commission again.

View of CIC

During hearing the respondent submitted that the PIO of the relevant period was transferred out and now posted elsewhere. However, he could not offer any credible explanation as to why the order of the CIC was not complied with. Observing the negligence of the Public Authority towards the implementation of RTI Act, the Commission directed the Chairman of the Staff Selection Commission to enquire into the case, fix responsibility and initiate appropriate disciplinary proceedings against the officials found guilty of omission and misconduct. Exercising the powers vested in the CIC in Section 19(8) (b) of the Right to Information (RTI) Act, the Commission awarded compensation of Rs. 10,000/- to the appellant for the loss and detriment suffered by him. The PIO was also directed to locate the relevant records and provide the desired information to the appellant.

Citation: Shri Vir Kumar Mutto v. Staff Selection Commission in File No. CIC/SM/C/2011/000890