Date: 14-02-2016 By email
To,
Secretary,
Central
Information Commission, New Delhi
Dear Sir,
Subject: Non-compliance of CIC Orders - Suggestions
I
thank you for having taken above issue for discussion in minutes of the meeting
of CIC dated 28-01-2016 under agenda No. 3, where in it was decided to put system in place and monitored. In fact, this
issue was also taken up in meeting dated 01-04-2014 [agenda No. 1]. As a citizen interested in good governance as
emphasized by Hon’ble Prime Minister I contribute as under, which may kindly be
taken into consideration while formulating system:
01. On receipt of non-compliance
complaint [NCC] by CIC, separate serial number [ say suffixed with NCC alphabets or six
number digit starting with 100001] should be allotted [ and not treated as regular
complaint number filed u/s 18 RTI Act]. NCC should be separately queued
up in system of each registry for priority action, monitoring
and MIS. At present NCC are being attended and heard like normal complaints
filed under section 18, which further delays compliance by nearly 18-24 months, making mockery of RTI.
02. Registry should issue first
notice to CPIO with copies to FAA, Head of PA and complainant and give 15 days’
time from date of receipt by CPIO for ensuring compliance under intimation to
CIC. This first notice should be mailed / emailed within 10 days of
receipt of NCC by CIC. Format of first notice should be
fill-in-the-blanks type. I hope at least 75% defaulting CPIOs would comply with
orders on receipt of first notice.
03.In first notice itself CPIO
should be advised to submit within 15 days of receipt of notice, his
explanation for non-compliance within time limit mentioned in original CIC
order and why penalty/additional penalty should not be imposed and disciplinary
action under service rules be not recommended by CIC. Complainant should be
advised to intimate to registry in 30 days of receipt of copy of first notice,
by mail or email, if CIC orders are not properly complied.
04. In Gujarat Information
Commission [GIC], I had found few years back that on receipt of NCC, GIC would
send by post pre-printed notice within 7-10 days to defaulting
PIO/FAA/PA, with copy to complainant. Mostly on receipt of such a notice orders
of GIC would be complied with. I suggest this should be adopted by CIC as best
practice.
05. Since large number of NCC would
have piled up at present, separate officer/legal advisor and computer operator
should be assigned work of sending first notices as above to clear backlog.
06. Ld. Information Commissioners should be
persuaded to invariably levy penalty on defaulting CPIO in cases of NCC and recommend
disciplinary action to govt department. Copy of this order should be mailed/ emailed
directly to head of public authority. This will make RTI more effective and over
a period of time number of NCC will be
reduced.
07. Email IDs of CPIO, FAA, Head of
PA and disbursing officer of CPIO should be ordered to be provided by attending
officer at the time of hearing by adding a small para in hearing notice itself,
This will enable CIC to communicate by email thereby saving on postal charges,
delay, cost and also environment. It will also be part of Digital India program
of Central govt. Complainant should be advised to preferably give his email ID
in appeal/complaint or at the time of hearing in person/video-conferencing.
08. In case if still non-compliance
[including defective compliance] continues, second notice imposing penalty and
recommending disciplinary action should be issued after giving hearing in
person or through audio/video conferencing.
09. Each Ld IC should review
position of NCC at least once in 15 days on a fixed day and corrective steps
initiated in his registry.
10. Once CPIOs come to know through
print media and social network of effective system for compliance, penalties
and disciplinary action, defaulting CPIOs will start compliance before getting
even first notice of NCC.
11. Monthly review by you or Chief
IC may be undertaken for NCC cases and corrective measures taken.
Yours faithfully,
J P Shah
Copy to:
Under Secretary- RTI, DoPT, GoI, New Delhi
Email ID: usrti-dopt@nic.in
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