Bureaucracy against RTI


Amitabh Shukla


New Delhi, October 7

The citizens of Delhi might be gloating on the proposed implementation of the Right to Information Act, passed by the government of India, from October 12 onwards but the bureaucracy has long faces all over.

The officials – right from the senior IAS officers heading departments to the lower division clerk – are apprehending trouble as the Act stipulates stiff fines and parting of information with minimum of fuss.

Even the police officers are becoming fidgety as the Act provides that information has to be given in 48 hours in cases involving life and liberty. Officials say that there would be no need to file habeas corpus petition in the High Courts now as the Act would be sufficient for this purpose.

The new Act stipulates that a penalty of Rs 250 per day would be imposed on the officer who refuses to part with the information asked in the stipulated time. This penalty would go upto Rs 25 thousand for delay. In the last version of the Act, the penalty was light – Rs 50 per day with an upper ceiling of Rs 500. Moreover, frequent delay by the officer concerned would attract disciplinary proceedings, including adverse comments in the annual confidential reports (ACR).

“Most of our time would be spent on gathering information for the people, instead of actual administrative work,” said a head of department on the new Act. He described some of the provisions of the Act as “draconian” and open to misuse.

From now on applications would be accepted at the sub-district level and the information which can be given to Parliament and legislative assemblies cannot be denied to the citizens. A two-tier system of appeal will be available to the applicants – one at the department level and one outside it. The HOD will be the first appellate authority and then the Information Commission. Even third party information can be given after giving an opportunity to the third party.

“The babus are disturbed as their all-inclusive fiefdoms are under attack by the citizens empowered with the new Act,” said a member of the public grievance commission. Life would never be the same for the babus with the new Act in place, he added. (2005)

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