annual performance of public duty PIO's and FAA' Public Duty Performance

[nk agarwal 34]

(1)The PIO's and FAAs are public servants under their respective public authorities and they carry out out the functions of PIO and FAA as part of their assigned duties in addition to their prescribed functions as per their functional designation of the cadre.

(2)As the PIO and/or FAA carry out these duties as part of their assigned responsibilities,  whether such performance becomes part of their Annual Performance Record?

(3)In case of poor performance of PIO/FAA ( abuse & violation of RTI-Act-2005, failure to provide info within prescribed time lines, provides info only after orders from CIC.SICs etc.); can a citizen aske for departmental actions on such PIOs and FAAs by writing separately to the public authority?

[Prasad GLN 1,811]

There are several conflicting views.

1.The Madras High Court has ruled that irresponsible PIOs should be shown the door.

2.CIC and HC judgment states that a Citizen is entitled to information alone and he is confined only for prayers and other action against PIO are at the discretion of IC.

3.FAA is beyond all, and in one HC Judgment, the HC has withdrawn the strictures passed as there is no such clauses and responsibilities were entrusted in RTI Act.

As our Great Guru Mr Karira has stated 5 years back,  the Act is on Ventilator with artificial breathing, with some remote signs of life.  There is no improvement and the body is not responding to any type of treatment.

For the first time I am hearing the ' abuse' word on PIOs and FAA in RTI Act.  It is true that the act can be misused and abused by PIOs who always lament that applicants are filing RTI Applications as revenge!!!

[garg0505 25]

Since senior officials of public authorities and officials are inclined to beat the provisions of RTI Act as their sins coming out on surface by way of disclosure of information. Further the role of Central Information commission and it's functories doing the role of catalyst by diluting the provisions of section 18 of the Act. 98% decisions pronounced pertaining to diluting the Act and in advisory to PIOs. 

[Prasad GLN 1,811]

It is not possible to sit on a carpet and count the strands.  Like in a court, every one tries his luck to get information.  Most of the information may help in personal problems and information on those of public interest matters denial is not real concern of the citizen.  Those who are powerful, influential may use this as weapon on opponents, nothing else.  The commission should think of the noble objective and the benefits to government with that information, rather than enjoying the benefits for their earlier favours to Government.

You can count very few commissioners that have sincerely played their role and some misunderstand the favour to authorities as kindness. 

[nk agarwal 34]

The citizen would not use the RTI Act-255 route to write to the Public Authority for taking actions against the PIO/FAA. He would write a normal letter accusing for deriliction of public duty

[Prasad GLN 1,811]

The mere mention of RTI Act or questioning on such quality triggers irritation among authorities.  In India, we believe God , destiny etc., and those who are fortunate can find PIOs with good attitude.

[nk agarwal 34]

Absolutely fine, but unless "we the people" start shouldering /contributing our bit in "Good Governance" things cannot change for Good. The Preamble in the RTI Act-2005 is a valid statement - (1) access information to promote transparency and accountability in working of public authority, (2) Democracy require informed citizenry, (3) transparency & accountabiliy to contain corruption, (4) hold Governments and the instrumentalities accountable.  

[garg0505 25]

I am frightening with CVC to obtaining the information, and inspite of order of FAA, PIO of CVC has not act even after lapse of 3 months. Therefore, an appeal u/s 19(3) was filled before CIC. However, in meantime a complaint of PIO has been sent to CVC regarding non-compliance of FAA order. I am not aware how the CVC will react to such complaint.

Complaint of CPIO with CVC.pdf

[Prasad GLN 1,811]

There is no harm to you and many PIOs still frightens applicant, and get irritated on hearing about RTI and the second RTI Application creates panic in some.

As Informed in several posts, the CVC-FAA correctly performs his obligations and generally never disappoints an appellant.

The usual procedure is first to make a polite reminder to CPIO under Copy to FAA if there is non compliance of FAA order and then reminding FAA and finally making complaint with these two reminders and service proof. You have followed this procedure, but you should have avoided making serious comments on PIO as they will not frighten a CPIO and there is no additional advantage for complainant.  The complainant wants only information from PIO and such directions from FAA.

You should have noticed that CIC takes such cases very seriously, and they make strictures against such PIOs as ICs then were reduced to implementing officials of FAA orders.

COVID 19 is the ready explanation to avoid such comments by IC by PIOs.

(I suggest a formal way without making allegations and one or two sentences about non compliance is more than sufficient, as we all know no one cares in Public authority of our comments and such harsh letter may give adverse impression on complainant)

Edited November 21, 2020 by Prasad GLN