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  1. RTIFED NEWS 29 FEBRUARY 2012 Justice A.G. Masih today, while dictating a judgment in open Court today ruled that “excuses like shortage of staff, additional work load cannot be accepted as grounds for delay in supplying information to applicant under RTI Act; If such excuses are accepted, that would make the RTI Act redundant and ineffective and would frustrate the object for which RTI Act has been enacted; such internal administrative reasons cannot be treated as a defence for not supplying the information under the provisions of RTI Act.” While hearing a Writ petition against the order dated June 14th, 2010 passed by the State Information Commission Punjab imposing a penalty of Rs.25 thousand against Lal Singh Tiwana, the State Public Information Officer of the Ludhiana Improvement Trust for delay of more than five months in supplying information to an RTI applicant, Gurwinderjeet Singh of Ludhiana, Justice Masih rejected all the reasons put forth by PIO, Tiwana, and concurred with the reasons given by the SIC Punjab for imposing penalty on the PIO for delay in supplying information to the complainant. Petitioner-PIO had stated that (a) Improvement Trust Ludhiana was functioning with only 40% of sanctioned staff strength; (b) there was a heavy rush of public for registration of plots on the basis of original price under a scheme which was expiring; and © additional work of census was being done by the staff, which resulted into delay in supplying information to the complainant. Justice Masih, however, accepted the contention of petitioner-PIO that although RTI Application was received in January, 2010, the petitioner-PIO had joined at Ludhiana Improvement Trust on transfer only on May 11th, and that, therefore, he was not responsible for the delay on the part of earlier PIO. Accordingly, Justice Masih held that petitioner-PIO has to be imposed penalty @ Rs.250/- per day for the period of 75 days only, amounting to Rs.18750/-. Thus, Justice Masih reduced the quantum of penalty from Rs.25 thousand to Rs.18750/-, thereby partly allowing the Writ petition filed by petitioner-PIO. (Case is CWP No. 15850/2011 Lal Singh Tiwana v. State of Punjab) ________________________________________ – As reported by Advocate H.C. Arora, Counsel for Petitioner. He is president of RTIFED and Convemor of Action Group against Corruption (AGAC). He is a practicing Lawyer at Punjab & Haryana High Court at Chandigarh.
  2. As reported at timesofindia.indiatimes.com on May 8, 2011 PANAJI: The Goa state information commission (GSIC) has slapped a penalty of Rs 5,000 on the deputy collector and sub-divisional officer, Margao, in his capacity as public information officer (PIO), for delaying to furnish information sought under the Right to Information (RTI) Act. The order relates to an RTI application by Raghunath N Kauthankar of Aquem Alto, Margao, dated February 9, 2010 and furnished seven months later on October 5, 2010. Goa state chief information commissioner Motilal S Keny observed, "Delay is inexcusable under the RTI Act and public authorities must introspect that non-furnishing of information lands a citizen before the first appellate authority and this commission, resulting in unnecessary harassment of a common man, which is socially abhorring and legally impermissible." He further observed that due to non-furnishing of information "sometimes injury to society is more grievous. Therefore, some sort of penalty helps in curing this social grief". The Rs 5,000 will be recovered from the deputy collector`s salary in two installments for the months of July and August by the director of accounts, the GSIC chief ruled, adding that the amount should be paid in the government treasury. The GSIC noted that the deputy collector attributed the delay to the pressure of work and also various assignments given to him. "No doubt the opponent was busy, but at the same time one must not forget that the information sought was not voluminous. Order of the first appellate authority was in fact a reminder to the opponent to furnish the information. However, the same was not furnished," Keny noted. The deputy collector had defended himself stating, among other things, that at the time the application was received his staff was busy with the zilla parishad (ZP) elections, followed by the first phase of census operations and then the by-poll to the ZP elections in May 2010.
  3. I sought information about the positions that were filled in a college under University of Pune, and the Principal sent a letter stating that they are unable to provide the information due to shortage of staff. The letter said that all the staff was busy with admissions from class 11 to MSC/MA and the information that I requested will be delayed by 2 more months. Can someone delay the information citing reasons for lack of staff? Should I appeal to the second appellate authority? A quick reply would be helpful. Thanks, MK
  4. I have sent around 15 applications under RTI to a college. Almost in its each reply, either college has replied that the information requested in not clearly mentioned or they have requested me to come to the college on a specified day and time to review the documents whereas I have clearly mentioned to provide me the copy of the relavent documents. Most of the times they have mentioned that the requested documents can be obtained by depositing an amount at the rate of Rs. 2/- per page but total no. pages have not been informed to me. This way, the college authorities are simply trying to delay the information. Except making first appeal on such requests, what else can be done as they are continuously doing the same with almost all of the applications ? Kindly suggest. Thanks.
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