Role & Responsibility of Information Commissions under RTI Act

 

Article

Role & Responsibility of Information Commissions under RTI Act

The Right to Information Act, 2005 provides for setting up Central and State Information Commissions to look into citizen’s complaints and appeals both at the central and state level. It also stipulates the role and responsibilities of the Commissions to ensure proper implementation of the Act, in its letter and spirit. It provides mechanism through which the citizens can get justice. 

The Central and State Information Commissions are independent bodies having adequate powers to ensure proper implementation of the Act. They have been given powers to ensure that the citizens are not deprived of their right to get information.

They can not only pass orders for providing information but can also impose penalty and grant compensation for the losses suffered, if any. They are empowered to pass orders for appointment of Assistant Public Information Officer and Public Information Officer if not designated by the public authority. 

Receive and Inquire Complaints: The Commissions are empowered to receive complaints and appeals and inquire them. It can pass suitable orders for ensuring compliance of the Act.

Grounds for Appeals: An aggrieved person may file a complaint or appeal before the concerned Commission on any of the following grounds: 

 

Ø  Non-designation of Public Information Officer: Due to non-designation of Public Information Officer the applicants are unable to submit a request and get information.

Ø  Refusal to receive applications or appeals: The refusal to receive applications or appeals by Assistant Public Information Officer Forefeet’s the purpose for which they have been designated.

The complaints can also be filed on any of the following grounds: 

Ø  If one has been refused access to any information requested under this Act. [Section 18(1)(b)]

Ø  If one has not been given a response to a request for information or access to information with the time limits specified under this Act. [Section 18(1)(c)]

Ø  If one has been required to pay an amount of fee which he or she considers unreasonable. [Section 18(1)(d)]

Ø  If one believes that he or she has been given incomplete, misleading or false information under this Act. [Section 18(1)(e)]

Ø  In respect of any other matters relating to requesting or obtaining access to records under this Act. [Section 18(1)(f)]

Initiation of Inquiry: The Information Commissions may initiate an inquiry where it is satisfied that there are reasonable grounds to inquire into the matter. [Section 18(2)]

Powers to Summon Records: The Information Commissions while inquiring into any matter under this section, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters: - 

Ø  summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;

Ø  requiring the discovery and inspection of documents;

Ø  receiving evidence on affidavit;

Ø  requisitioning any public record or copies thereof from any court or office;

Ø  issuing summons for examination of witnesses or documents; and

Ø  any other matter which may be prescribed [Section 18(3)]

Power to examine any record: The Information Commissions may during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority. Public Authority cannot withhold such record from it on any grounds. [Section 18(4)]

Powers to secure compliance of Act: The Commissions are empowered to require the public authorities to take any such step, as may be necessary, to secure compliance with the provisions of this Act, including- 

(i)    providing access to information, if so requested, in a particular form;

(ii)  appointing a  Public Information Officer;

(iii) publishing certain information or categories of information;

(iv) making necessary changes to its practices in relation to the maintenance, management and destruction of records;

(v)  enhancing the provision of training on the right to information for its officials;

(vi) providing it with an annual report. [Section 19(8)(a)]

Award Compensation: The Commission may require the public authority to compensate the complainant for any loss or other detriment suffered. [Section 19(8)(b)] 

The Commissions have granted compensation in a number of cases including compensation for mental torture. 

Impose Penalty: The Commissions may impose any of the penalties provided under this Act. [Section 19(8)(c)] 

Role of Commission in imposing penalty: Under section 20 (1) of the Act the Information Commissions must satisfy itself that the CPIO has without reasonable cause: 

i)             Refused to receive an application

ii)            Not furnished information within the specified time frame

iii)           Malafidely denied information

iv)           Knowingly given incorrect, incomplete or misleading information

v)            Destroyed information/obstructed-giving information. 

Reject application: The Commissions may reject any of the applications. [Section 19(8)(d)] 

The Public Information Officers need to be careful in handling requests received under the Act. Any laxity on their part can make them liable for penal action. They have to ensure that the requests are disposed of within the time frame. 

Decision of Commission Binding: The decision of the Central or State Information Commission shall be binding. [Section 19(7)]. 

As such the decisions passed by the Commissions should be honoured and implemented in a time bound manner, unless the organizations decides to challenge the decision in the court of law. 

Notice of decision: The Central or State Information Commission shall give notice of its decision including any right of appeal, to the complainant and the public authority. [Section 19(9)] 

Procedure: The Central or State Information Commission shall decide the appeal in accordance with prescribed procedure. The central and state governments have been empowered to frame rules for the purpose under section 27 of the Act. 

Right to Information Rules, 2012: The new RTI Rules notified on 31st July, 2012 provide as under: 

Procedure for deciding appeals: The Commission, while deciding an appeal may.— 

 ·         receive oral or written evidence on oath or on affidavit from concerned or interested person;

  • peruse or inspect documents, public records or copies thereof;
  • inquire through authorised officer further details or facts;
  • hear Central Public Information Officer, Central Assistant Public Information Officer or the First Appellate Authority, or such person against whose action the appeal is preferred, as the case may be;
  • hear third party; and ,
  • receive evidence on affidavits from Central Public Information Officer, Central Assistant Public Information Officer, First Appellate Authority and such other person 

i.     Presence of the appellant before the Commission: The appellant shall be informed of the date at least seven clear days before the date of hearing.

The appellant may be present in person or through his duly authorised representative or through video conferencing, if the facility of video conferencing is available, at the time of hearing of the appeal by the Commission. 

Where the Commission is satisfied that the circumstances exist due to which the appellant is unable to attend the hearing, then, the Commission may afford the appellant another opportunity of being heard before a final decision is taken or take any other appropriate action as it may deem fit.

Presentation by the Public Authority: The public authority may authorise any representative of any of its officers to present its case. 

Service of notice by Commission.—The Commission may issue the notice by name, which shall be served in any of the following modes, namely:— 

i.      service by the party itself;

ii.    by hand delivery (dasti) through Process Server;

iii.   by registered post with acknowledgement due;

iv.   by electronic mail in case electronic address is available.

 Order of the Commission: The order of the Commission shall be in writing and issued under the seal of the Commission duly authenticated by the Registrar or any other officer authorised by the Commission for this purpose.



FAQs

Q.1. Can an applicant be paid the penalty amount imposed upon the officials?

Ans. 1 No

Q.2. Can the compensation ordered to be paid to the applicant be denied to applicant?

Ans.2. No. The public authority can, however, file an appeal in the High Court.
Location: India

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