Multiple queries in single RTI application frustrate authority: DoPT

DoPT says this and more in its justification for rejecting NAC's advice on proposed changes

danish

Danish Raza | January 25, 2011



The department of personnel and training (DoPT) will go ahead with most of the provisions contained in the draft RTI rules which were put on its website in December last.

Documents available with Governance Now show that the DoPT has rejected the recommendations of national advisory council (NAC) on ‘one subject matter’ and ‘250 words per application’- rules which were met with lot of opposition from the civil society and the NAC.

The NAC wanted this provision deleted from the act considering that it would make drafting of the RTI query difficult especially for the applicants who were semi- literate.

Rejecting the proposal, the DoPT said, “Apprehensions that people who are not well educated may not be able to write an application within 250 words is without any basis insamuch as long applications are made by the people who are well educated and who try to seek explanation etc instead of seeking information as defined in the act.”

It further added that as per the act, the applicant could take the assistance of the public information officer in drafting the request.

The DoPT has added an entirely new dimension to the ‘one subject matter’ debate. It has said that since, the act requires one public authority to transfer the RTI application to another public authority to which the queries are closely related, there is a provision of one subject matter in the act itself. Also, the singular form used in the act, according to DoPT, suggests that the act requires an application to have request on one subject only.

Interestingly, on December 27, DoPT circulated an office memorandum to all the ministries/ departments of the government asking them to comment on the draft rules in general and on the issue of one subject and word limit of 250 words in particular. The move came after there was intense public outcry over these two rules that had been proposed.

“Many a times it becomes difficult even to ascertain as to who should deal with the application. It not only results in delay in reply to the application, it also creates frustration amongst the officers within a public authority,” commented DoPT.

The department has also justified draft rule 16 which says that the proceedings pending with the commission shall abate on the death of the appellant. Critisising the rule, NAC had said that it would encourage murder of the RTI applicants.  However, equating the rule with the provision in civil procedure code, DoPT said, “RTI is the right of the individual (citizen) who makes the application and, thereafter, appeal. His right vanishes with his death.”

The recommendation to give a free hand to the information commissions to select staff, has also been rejected. The respective draft rule says that the government shall appoint an officer not below the rank of additional secretary as the chief executive officer of the commission.

The DoPT has accepted NAC proposal of charging the applicant where the postal charges of sending the information would exceed Rs 50. The draft rule had put the figure at Rs 10.

The government has also found sense in the comments on filing first appeal in a given format as required by the draft rule 7. “Provide that no appeal would be rejected if it was not in the given format but contained all the information required,” NAC had proposed.

On December 10 last year, the DoPT had put draft rules on its website. It gave the civil society 17 days to comment on the same.

On December 13 and 22, the NAC working group on transparency, accountability and governance und held discussions with the civil society to take their feedback on the draft rules.

Subsequently, NAC submitted a set of recommendations to the DoPT.

Comments

 

Other News

Caring for cancer patients: the expanded network of facilities

Health is a State subject, and the primary responsibility for providing healthcare services, including cancer care, rests with the respective state governments. However, the Department of Health and Family Welfare provides technical and financial support to States and Union Territories across the country

Capabilities, aspirations of India’s youth limitless: Modi

The capabilities and aspirations of India’s youth are limitless, prime minister Narendra Modi said in his remarks to the media at the start of monsoon session of the parliament on Monday.  "In the past month, the country has achieved many milestones, filling citiz

India gets the first hydrogen train

Prime minister Narendra Modi on Friday laid the foundation stone and dedicated to the nation various development projects worth around ₹14,700 crore in Jind, Haryana.   The PM positioned the city as a shining reflection of the good governance model. Emphasizing that the entire Haryana

Climate change is stealing sleep

Climate change has at least doubled the temperature-related sleep loss across 1,338 major cities worldwide over the past five decades, highlighting an emerging but often overlooked public health consequence of rising global temperatures. A new study by Climate Central estimates that between 2020 and

Cabinet approves Mobile Phone Manufacturing Scheme

The union cabinet chaired by PM Narendra Modi has approved the Mobile Phone Manufacturing Scheme (MPMS) with a budgetary outlay of Rs 62,500 crore. It aims to further scale up the production, deepen domestic value addition, strengthen supply chain resilience, enhance global competitiveness. It

Building infrastructure is only half the job

Recent stories of stolen railway wires, disappearing communication towers and missing public infrastructure are often treated as bizarre law-and-order failures of India. Yet they raise a more fundamental question. Why does the State often discover the disappearance of a public asset only after it has alrea

Upcoming Conferences





Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter