Access To information: Dr. B.K. Gohain

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Access to Information: By: Dr. B.K. Gohain

Do you want to know how much money was spent on a road constructed in your neighbourhood, what were the specifications of the road (like thickness of the black-topping, metalling etc.) and who did the work? Go and submit a petition before the Public Information Officer of the Executive Engineer (Roads) of PWD asking for this information in a plain paper giving your address for communication and a bank draft of Rs.10/ along with the petition. Within 30 days of the receipt of your petition, the said Public Information Officer will send you the information.

In case you need copies of the work-order, measurement book etc, you ask for the same specifically and within 30 days, you will be informed by the said Public Information Officer how much money you are to deposit for getting copies of the documents you have asked for. Then you deposit the money which is Rs. 2 per page and the Public Information Officer will send you copies of these documents also, within 30 days. In case you want to inspect the work, you may do so by paying some fees. The Departmental officers are duty bound to show you the work.

Are you getting your quota of rice, Sugar, Kerosene oil, atta from the fair price shop of your locality regularly ? Do you want to learn how much rice, sugar, Kerosene oil, atta are being allotted to your household ? Then go to the Food & Civil Supplies office of your subdivision and submit a petition to the Public Information Officer of that office by enclosing a bank-draft of Rs.10/ and ask for the information like how much sugar, rice, kerosene oil, atta was allotted to the Ration-Shop of your locality and how much was allotted for your household. The Public Information Officer of the Food & Civil Supplies office shall have to give you the information in writing within 30 days and if you want copies of the allotment-orders for your ration-shop, you are to deposit the required fees at Rs.2/ per page to the Public Information Officer who is bound to give you not only the information but also copies of the documents asked for by you.

Do you find that the Gaon Panchayat Authorities have not constructed the village roads properly; rather they have misutilized the funds. Then you may submit a petition in plain paper to the Public Information Officer of the Gaon Panchayat Office or before the Chief Executive Officer of the Zilla Parishad with a bank draft of Rs. 10/ listing out the points on which you require the information. These points may be as follows:
1. Length of the road.
2. From which point to which point.
3. Amount sanctioned.
4. Contractor, if any, engaged.
5. Specification of the road i.e. earth work, metalling, blacktopping etc. with details.
6. Measurement books (copies)
7. Master-Roll register (copies)
8. Names of the Village Committee members, if any, appointed for supervising the work.
9. Names of the officers/officials/members responsible for the work.
10. Who passed the bill for the work? etc.

Have the Government settled the fishery in your neighbourhood properly? If you want the information, you may write to the PIO of the Department of Fisheries, Government of Assam and call for copies of the bid documents, decision of the Government and all connected papers along with the file notings on the matter.

Do you think any authorities had not settled contracts with qualified contractors? Then write to the PIO of the Government Department and get copies of all the bid documents along with copies of the decision of the Government and the copy of the file notings.

You can access to information regarding drains, water supply, sewerage etc. in your town by writing to the PIO of Urban Development Department by depositing the required fees.

Who is a Public Information Officer (PIO)? Every Government office / department / offices of the Judicial Courts / office of the Legislative Assembly shall have to appoint Public Information Officer. It is compulsory on the part of Government / Courts / Legislative Assembly to appoint such PIOs and Assistant Public Information Officer in the offices. In the Sub-Division there are APIOs only and you may submit your petitions to them without going to the District offices for getting information. APIO is duty bound to send the petition to the PIO of the Department in the district.

It is not necessary for you to go personally to the PIO. You may send your petition along with the bank draft of Rs. 10/- by registered post to the concerned PIO with acknowledgement due. Within 30 days, the PIO shall have to give you the information in writing and the time of 30 days will start from the date on which the PIO signed the acknowledgement due.

What if the PIO does not give you the information in time? What happens if he gives you incomplete, false, misleading information? You should submit an appeal before the first Appellate Authority within 30 days. No fees are to be paid for filing an appeal.

In case you are not satisfied with the decision of the First Appellate Authority who is generally the Head of the Department or office or a Secretary of the Government Department in the Secretariat, you may submit an appeal before the Information Commission along with a copy of your original petition, copy of the information furnished to you and a copy of the decision of the first Appellate Authority. You may do so within 90 days.

The Information Commission sits on every working day. You may submit your appeal personally in a plain paper. No fees are required to be paid. You may also send your appeal- petition by post. Once the Commission receives your appeal, it will start taking action immediately like a Civil Court and can summon any officer / official / person to appear before it with records / reports. The Commission gives decisions quickly.

The Commission can summon any Public Information Officer or any Public Authority to appear before it with reports / records. Such officers / authorities are bound to appear before it. No records are confidential for the Information Commission and the Government or any other Public Authority is bound to show the files / reports/records to it. None can claim immunity. It is another matter that the Information Commission does not show any secret or confidential documents / records produced by Government / Public Authority before it to any other person.

Do you think the Information Commission only hears and disposes appeals? The Information Commission receives complaints against the Public Information Officers / Public Authorities when they do not receive application for information from any member of the public, refuse to accept application or appeal. If a Public Information Officer does not give information to any person applying for it within the time-limit (30 days generally), if any Public Information Officer gives incomplete, misleading, or false information, when he fixes unreasonable fees to be paid by the applicant, when any person has been refused access to any information, when no public Information Officer is appointed, then also such person / persons may give a complaint in writing to the Information Commission. The Information Commission having been satisfied that there are reasonable grounds to inquire into the matter shall initiate an inquiry. The Information Commission shall have the powers of a Civil Court while trying a suit.

What action can be taken by the Information Commission against the Public Information Officer if he refuses to receive an application for information or does not furnish information within the time-limit, or denies the request for information malafidely, or knowingly gives any incorrect, incomplete, or misleading information or destroys information which has been requested for, or obstructs in any manner in furnishing the information? The Commission can impose a penalty of two hundred and fifty rupees each till the information is furnished, upto a maximum of twenty-five thousand rupees. In case the Commission finds that the Public Information Officer has, without any reasonable cause and persistently failed to receive an application for information or has not furnished information within the fixed time-limit, or malafidely denied the request for information or knowingly gives incorrect, incomplete or misleading information or obstructed in any manner in furnishing the information, the Commission shall recommend disciplinary action against the Public Information Officer.

Do you not think that under the Right to Information Act, 2005 only the Public Information Officer is targeted by the Act for paying the penalty or for disciplinary action? What does the Public Information officer do to justify the delay caused by another officer / official with whom the information was available? To avoid punishment or penalty, the Public Information Officer should keep the record straight to show to the Information Commission that he took all necessary steps to obtain the information from the concerned officers of the office / department as it was not available with him. Any officer or official high or low who has been asked by the Public Information Officer to render assistance for furnishing the information shall be treated as the Public Information Officer by the Commission and shall have to be penalized equally in case that the officer / official did not furnish the information in time intentionally. If that officer gives false, incomplete or misleading information, he shall have to pay the penalty and face punishment. If that office withholds information or refuses it, that officer will be responsible for it and shall have to face the consequences. What happens to a clerk if he keeps the paper unattended leading to the delay in furnishing information. He is equally guilty and is likely to be penalized.

Are we not lucky that in our democracy we are armed with such a powerful law which can give us access to almost everything going on in the Government / Legislative / Judiciary? What if we cannot access information which affects the sovereignty, security of India or its economic interests or information relating to Commercial confidence, trade secrets or intellectual property, records of deliberations of the Council of Ministers, information barred by the Courts / Tribunals, matters concerning criminal etc. investigations etc? These things are not required to be known by the Public and the Public generally do not want such information.

Please exercise your right under The Right to Information Act, 2005 and show your social awareness to do good to yourself, your people, your State and your country and uphold the values of democracy and fight corruption in public life.

Right to information is your birth-right . Do not hesitate to exercise it. ••