Letter to Maharashtra State Information Commission Shri Ratnakar Gaikwad Chief Information Commissioner, 13th floor, Mantralaya Annexe, Mumbai 400032. Dear Sir, I wish to bring to your notice that your suo moto order of 26/09/2013 suffers from the following problems: 1. It claims to have been issued by you using powers under Section 19 (8) (a). Section 19 (8) (a) states: (8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to,¬- (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; Section 19 comes into effect only when dealing with an appeal. In the impugned order it appears there was no appeal, since no appellant or respondent are mentioned. It appears that it has been issued suo moto by the Commission without any appeal having been made. This is a serious deficiency in the procedure, and hence was issued without the Commission getting a chance to hear any viewpoint. It is also noteworthy that subclauses (i) to (vi) deal with the providing of information and there is no mention of any refusal of information. In the impugned order the Commission has effectively created an exemption of information,- plans and documents relating to buildings for which permission is sought. Parliament created the exemptions, and the Commission does not have the authority to create a class of exemption. I would humbly submit that this has been done without any such power to do this. The Commission has also claimed power under Section 25 (5) of the RTI Act which states: (5) If it appears to the Central Information Commission or State Information Commission, as the case may be that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity. I would again humbly submit that the power under Section 25 (5) is only recommendatory and the Commission appears to have erred in making this a mandatory order. In view of the fact that the order appears to have been given without appropriate power, I would request you to withdraw it. The said order also lays a precedent of an Information Commission creating an exemption which goes against the spirit of transparency and the spirit of the Act to curb corruption. Nobody has heard of any harm to the safety of buildings across the Nation even after 8 years of various plans and documents having been given. On the other hand lakhs of citizens have been caught in the malicious web of illegal construction. If the Commission ordered suo moto disclosure relating to building plans and all documents, it would go a long way in curbing the monstrous collusion of various forces which threaten to derail the rule of law and are an encouragement to massive illegal activities and corruption. Various officers collude to deny the Citizen’s Right to Information by various subterfuges. I am sure the Commission will not want to encourage this. Citizen’s faith in the Institution of the Information Commission needs to be restored by withdrawing the said order. Your clarificatory order talks of certain exceptions to the original order. This would create confusion in implementation. On behalf of citizens of Maharashtra I request you to kindly withdraw the said order of 26/09/2013. Thanking you, Yours truly Shaillesh
Posted on: Sat, 23 Nov 2013 11:22:38 +0000
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