An RTI plea can’t be turned down merely on the basis of a third party objection on the matter, MP State Information Commission (MPSIC) said on Thursday.
The commission was hearing a plea filed by the individual against whom the RTI plea had requested the sharing of information. Rejecting the objection of a third party, the Information Commissioner Rahul Singh asked to turn down the appeal and directed the concerned department to offer information to the RTI applicant immediately. Singh also served a Rs 25,000 penalty notice to Public Information Officer (PIO) Bhawna Sharma terming her acts of hindering information over unjustified reasons.
The RTI plea was filed with Commercial Tax Department, Satna, has sought information of Gajendra Kumar Mishra, a department staffer, on his posting, attendance, and the appointment order. The PIO had sought an opinion from Mishra on the plea and the latter calling it a piece of personal information, suggested denial of information to which the PIO agreed and acted henceforth.
The applicant filed the first appeal and the appellate authority ordered PIO to offer the information reversing the earlier order. However, Mishra then moved the info commission in Bhopal in a second appeal on December 6, and Information Commissioner Rahul Singh stayed the first appeal order and heard the matter on December 8.
Singh in the hearing clarified that section 11 only allows PIOs to seek objections from the third party on RTI pleas and section 8 only empowers them to deny information.
Saying that the PIO did not take a legal course in the matter, IC added that details of posting, appointment and attendance are public record and don’t fall in the domain of personal information under section 2 of the act.
The commissioner clarified that mere objections from the third party aren’t sufficient for denying information as whatever information can’t be denied to parliament or assembly, it can’t be refused to the RTI applicant. The commission in the detailed order issued on Dec 15 also underlined that it is aware of the situation where public servants don’t be available in the offices and commoners get fed up by taking rounds at the offices. This is why availability of attendance records under RTI will bring transparency in the public offices besides bringing in required administrative terseness.
“Otherwise the public offices will turn places for those who could earn salaries without actually coming to the offices,” Singh said in the case.
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