Of late defiance of orders of Information Commissioners has become rampant. The only remedy with the information seeker is to lodge a complaint with Chief Information Commissioner, who routinely issues another order for compliance that too after a delay ranging from 6 to 36 months depending upon efficiency and pendency of CIC/SIC. Commissions hardly invoke powers of Civil Court vested in it u/s 18.3 to ensure speedy compliance with its own orders.
Hence I suggest that if after two months of filing complaint of non-compliance [with copy to PIO, FAA, and Head of public authority], as suggested in my separate article posted at http://www.rtiindia.org/blogs/338-non-compliance-orders-cic-sics.html, you do not get information or compliance, please send letter as per attachment, after making suitable changes to suit your case. It may sensitize the machinery.
It is to be addressed to Chief /Principal Secretary heading ministry at Delhi under which public authority works for central govt information. In case of state govt information, it should be addressed to Chief/Principal Secretary of the Department which oversees the department of SPIO/PIO. Details are available on the website of Ministry or Department.
Email id [if any]:
Date: _________ Complaint By Registered AD post & email
Ministry of Central Govt or Concerned Dept of the State Govt
Subject: RTI ACT 2005- Non-compliance of Order of Central Information Commission/State Information Commission by Public Servant
I enclose copy of order No. ____________ dated _______ of CIC/SIC relating to my RTI Application dated ________. Details of officer/s are as under:
Name of CPIO/SPIO/PIO________ [if known]
Name of FAA: __________[if known] His designation _________
Designation of CPIO/SPIO/PIO: ____________
Name of dept/office____________
Address of dept/office: _________
02. Since CPIO/SPIO/PIO and / or FAA did not comply with the orders, I reminded the erring officers vide my enclosed letter dated _____to ensure compliance. I was forced to file complaint u/s 18 with the concerned CIC/SIC on ________ and matter is pending with it. I am not informed of any stay order or writ pending on this issue as on date. In the mean while.
I file this complaint for your kind administrative intervention in the interest of RTI, rule of law, fundamental rights of citizens and discipline in govt servants.
03. The defiant public servant is a senior officer of Govt/public authority. Common man like me is surprised at the scant respect such officer has for lawful order of a Commission constituted under an act of Parliament viz. THE RIGHT TO INFORMATION ACT 2005. In my humble opinion the officer has committed following acts of omission and commission by flouting said order:
A] He has indulged into major offence under Service Rules of the Govt/public authority. This may attract major penalty under service rules including dismissal.
B] He has exposed himself to sections 166, 186, 188, 217 etc of IPC.
C] He has committed sedition as defined under section 124A of IPC.
D] He is exposed to penalty under section 20 of RTI Act 2005
E] He has disrespected and challenged authority and supremacy of Parliament of this country and has proved himself to be above law.
F] He may be involved in corruption for hiding information for vested interest and thus has exposed him to The Prevention of Corruption Act.
G] He is trying to protect and support wrong doers by hiding information for misdeeds. This amounts to abetment of offence under IPC 107 to 120.
H] He has further lowered down dignity and respect of a public servant in the eyes of common citizen.
I] He has butchered my fundamental right guaranteed under article 19.1.a
04. Being administrative head of the Ministry/Department, I am sure you will not take such behaviour of public servant lightly, since it will amount to encouraging and abetting above offences. Your silence or inaction would be fatal to rule of law, discipline in government, honour of Parliament and respect for law. It will set very bad example for others.
In fact, any officer or authority who supports or connives at such acts by inaction or silence or ineffective action or tacit acts, renders himself or herself also answerable to law for abetment of offence.
05. I add:
i] Under our Constitution sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with responsibility of maintaining the rule of law.
--Hon’ble Supreme Court of India in Lucknow Development Authority V/s. M.K. Gupta on 05/11/1993 [CITATION: 1994 AIR 787 1994 SCC (1) 243 JT 1993 (6) 307 1993 SCALE (4)370]
ii] “1.People in power and authority should not easily lose equanimity, composure and appreciation for the problems of the lesser mortals. They are always expected to remember that power and authority must be judiciously exercised according to the laws and human compassion. Arrogance and vanity have no place in discharge of their official functions and duties. ” ---Hon’ble Supreme Court of India, on 18-02-2010 in Civil Appeal Nos. 1429-1430 of 2010.
Iii] “……..The responsibility of officials to explain and to justify their acts is the chief safeguard against oppression and corruption.” – Hon’ble Supreme Court of India, Constitutional Bench in The State of UP v. Raj Narain, AIR 1975 SC 865
06. Under these circumstances, I humbly request your goodself for administrative action as under:
i] Please ensure that said order of CIC/SIC is complied with honestly and properly immediately by concerned officer.
Ii] Please initiate disciplinary action against delinquent officer under service rules applicable to him.
iii[ Please ensure that police complaint or FIR is filed for various sections of IPC against concerned officer and his abettors.
iv] Please report or cause to be reported to Central Vigilance Commission or State Vigilance Commission for investigation from vigilance angle for non-compliance.
v] Please independently enquire or get enquired what for the officer was hiding the information to this extent. There could be huge scam and fraud, loss to govt, serious crime committed but hidden or illegal activity against public interest.
06. I may kindly be informed fate of this complaint. I hope I will not be forced to move higher judiciary for such administrative matters, since my fundamental right under article 19.1.a is at stake.
Encls; IC order and reminder to office
Copies by registered ad post to:
1. Chief information Commissioner, CIC or SIC [as the case may be]
2. Head of public authority to which CPIO/SPIO/PIO belongs.
5. Secretary to President of India or Governor of State