Skip to main content

Maharashtra RTI applicants can track pleas from date of filing to date of disposal

The National Campaign for Peoples’ Right to Information* has welcomed the Maharashtra Chief Information Commission’s order asking the chief secretary to create an online system to enable RTI applicants to know the status of their pleas. Text of the NCPRI statement:
***
The National Campaign for Peoples’ Right to Information (NCPRI) welcomes the landmark order passed by Chief Information Commissioner, Maharashtra that could greatly empower RTI users, Heads of Departments, and the Commissions to track and monitor every Public Information Officers (PIO) response to every RTI application across the state of Maharashtra. The order was passed in response to a complaint filed by the former Central Information Commissioner, Shri Shailesh Gandhi complaint under section 18 of the RTI Act that pointed out that citizens were unable to know their status of their RTI application, once it was submitted.
In its order dated 16.04.2017, the commission has directed the Chief Secretary, Government of Maharashtra to “create an online register in every office which has a public information officer (PIO) and put on a single platform all the RTI applications filed in every office at every level where RTI applications are submitted and filed and also upload this information on the websites of public Authorities so that citizens can also access this vital information. The format to be used for the RTI register is as suggested by the complainant in Annexure 1`. This platform would facilitate the compilation and tracking of RTI applications filed offline, as well as those that might be filed online with Departments. This order should be implemented by 15th June 2017.”
The Commission cites as a precedent the fact that the Department of Personnel and Training (DoPT) vide OM No.1/6/2011-IR dated 15.04.2013 also mandates that “All Public Authorities shall proactively disclose RTI applications and appeals received and their responses, on the websites maintained by Public Authorities with search facility based on key words”.
  • This order will enable citizens in general and RTI applicants in particular, to track the RTI application with every PIO from the date of filing till the date of disposal.
  • It will also enable the supervisory authorities including the Head of Department to monitor the status of disposal of RTI applications by respective PIOs.
  • The mechanism would greatly facilitate the Information Commission to put together the report for the state legislature as per the provisions of the RTI Act in a more timely and accurate fashion.
  • Properly followed, this format and order would allow the people and policy makers to know with far greater accuracy, the number of applications filed each year, the time taken to answer them, and some of the essential processes and timelines followed by the PIO in answering the RTI applications.
  • Finally it would greatly enable the Commission to better analyze (in terms of departments and geographical areas) many aspects related to the status of implementation of the RTI Act in the State.
The NCPRI welcomes this order, and requests the Chief Secretary of Maharashtra to implement it as soon as possible.
Based on this order, the NCPRI would also like to urge the DoPT to pass an Office Memorandum so that this landmark decision is made applicable across the country. Finally, we also urge the DoPT to incorporate this decision and format as part of the RTI Draft rules 2017 that have been put up for discussion on the web site.
The NCPRI will continue to work with RTI users and activists to ensure that similar complaints are placed before State information Commissions, and State Governments are urged to bring similar provisions in force.
By treating this order as establishing a good practice, and a precedent, Public Authorities and Information Commissions could easily ensure that these provisions become orders across the country; thereby strengthening the RTI regime everywhere.
—
*Signed by Anjali Bhardwaj, Nikhil Dey, Venkatesh Nayak, Bhaskar Prabhu, Rakesh Dubuddu, Joy Kumar, Dr Sheikh
***

Text of Maharashtra Chief Information Commissioner Ratnakar Gaikwad’s order on complaint under Section 18 of RTI Act, 2005 in Shailesh Gandhi vs Chief Secretary, Government of Maharashtra:

Complainant Shri Shailesh Gandhi has filed Complaint(by email) under Section 18 (1) (f) of the Act on 16 th April, 2017 with the Commission in which he has mentioned following points:
1) It is fairly difficult for Heads of Departments( HODs), and Information Commission to review the overall performance of individual PIOs and FAAs on real time basis and to take corrective actions in an ongoing basis in real time.
2) Software can easily be developed so that a dashboard showing each PIOs performance and of the public authority would be transparent for everyone to see.
3) This will also facilitate preparation of the annual report and be a very useful tool for monitoring individual PIOs and public authorities continuously.
Complainant has therefore approached the Commission with a request to treat this as a complaint under Section 18 (1) (f) of RTI Act ,with a request to issue directives to all public authorities to arrange to publish details of the RTI applications and their disposals in the format enclosed by him.
Commission appreciates excellent suggestion made by Shri Shailesh Gandhi and treats his request as Complaint under section 18 of RTI Act,2005. During last over 11 years, Commission has noted almost total lack of review of the performance of PIOs and FAAs by their superiors with the result that Public Authorities are not only required to pay huge Compensation to the Information seekers from public exchequer but Govt is also responsible for ineffective implementation of such a revolutionary Act which directly relates to Citizens exercising Fundamental Right of “Right to expression” enshrined in the Constitution.
It is pertinent to note that DOPT also vide Deptt.’s O.M. No.1/6/2011-IR dated 15.04.2013 has directed that:
“All Public Authorities shall proactively disclose RTI applications and appeals received and their responses, on the websites maintained by Public Authorities with search facility based on key words. RTI applications and appeals received and their responses relating to the personal information of an individual may not be disclosed, as they do not serve any public interest.”
Commission therefore in exercise of powers vested in it under Section 19(8)(a) of RTI Act,2005, order that Chief Secretary, Govt of Maharashtra should create an online RTI register in every office which has a Public Information Officer and put on a single platform all the RTI applications filed in every office at every level where RTI applications are submitted and filed and also upload this information on the websites of Public Authorities so that Citizens can also access this vital information. The format to be used for the RTI Register is as suggested by Complainant in Annexe 1. This platform would facilitate the compilation and tracking of RTI applications filed offline as well as those that might be filed online with Departments. This order should be implemented by 15 th June,2017 and detailed compliance should be reported to Commission by 15th June, 2015 positively.
***

Text of the complaint by Shailesh Gandhi under Section 18 (1) (f) of the RTI Act to the Chief Information Commissioner, Maharashtra:

Today, all RTI applications submitted by citizens are being entered in a physical register maintained by the PIO/APIO in every office where the RTI applications are filed. As a result, while the PIO knows of the number and status of the RTI applications in his/her office, there is no mechanism by which senior officers and Heads of Departments can track the status of such applications. Even an applicant/citizen is currently forced to keep contacting the concerned office to find out the status of the application. Most importantly, the Commission is mandated under the RTI Act to present an Annual Report under Sections 25 (1) (2) (3) and (4) (Annexe 2) to the State Government to be presented to the State Assembly on the status of RTI in the State. Despite the government and the departments also being mandated to provide this information to the Commission, one of the biggest challenges in properly preparing such a report, is the lack of timely and reliable information from Departments/Field Offices about the number of RTI applications and the efficiency with which they are being processed. If such information were to be available online in real time basis, it would allow all the concerned people to track applications as well as allow the Government to monitor their disposal. Finally it would greatly enable the Commission to better analyze (in terms of departments and geographical areas) many aspects related to the status of implementation of the RTI Act in the State. It would also give the position of RTI applications received and disposed and be very useful.
I am suggesting a format in which each PIO would enter the data and the paper registers could be dispensed with. A simple software could automatically update the data in a real time basis and would be available to citizens and all officers, ensuring transparency.
Finally, such an online digital platform would help comply with the provisions of pro-active disclosure under Section 4(1)(a)(b) of the RTI Act (Annexe 4) . It would also help comply with the mandate under section 4 (2) which is as follows –
I would be very happy to assist in developing this template and software.
Suggested format

This has drawn considerably from a request by the CIC of Kerala to the Chief Secretary of Kerala.

Comments

Post a Comment

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.
Post a Comment
»

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.
1 comment
»

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.
1 comment
»

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...
Post a Comment
»

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...
Post a Comment
»

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...
Post a Comment
»

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.
Post a Comment
»

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...
Post a Comment
»

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”
Post a Comment
»