[rti_india] Protection provided to Corrupt and incompetent Government Officers by CIC

Thursday, September 9, 2010

[rti_india] Protection provided to Corrupt and incompetent Government Officers by CIC

Protection provided to Corrupt and incompetent Government Officers by Certain Central Information Commissioner.

Dear Friends

Certain Central Information Commissioner, had decided that the Right to Information Act is not applicable for the information available in the other rules. In this two articles are published (their website address is given at the end of this article).

n the last of present series , my next article will be legal pleading in the CIC.

Above deliberate wrong decisions has resulted in tremendous protection to corrupt officers Because provisions of RTI Act, 2005 will not be applicable to them as follows.

1. There will be not any penalty for `false information' / `not providing of information'. (section 20 of RTI act,2005 will not be applicable.

2. Free information is not provided ( Section 7(6) for delay in information giving & 7(5) for BPL family of RTI act, is applicable- it reduce checking of Public officers by vigilant citizen.

3. Information is provided at extra ordinary high cost verse at reasonable cost as per Section 7(5) of RTI act. it reduce checking of Public officers by vigilant citizen.

4. No compensation to Citizen as per Section 19(8) B of RTI act, 2005-(b) require the public authority to compensate the complainant for any loss or other detriment suffered;

5. No third forum appeal like appeal/ complaint l before Central Information Commission. It( absence of third forum appeal) increase cost of getting information because appeal before High Court/ Supreme Court is costly affairs.. In addition Public authority officers has vested interest to protect corruption. Therefore, when Public Authority are Courts, appeal are completely denied.

6. CIC can not issue direction under Section 19(8) a of RTI act, 2005 to Public Authority to provide the information.

(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 subsection of section 4;

7. Citizen are forced to collect information individually, which can be easily provided through proactive disclosure as stated above point.

8. Increasing the exemption. Limiting the information allowable as per relevant rules . These are more than exemption given in the Section 8/9 of RTI act, 2005. Like Party of ongoing case can't obtain copies of the case in the Supreme Court of India Rules. In the absence of certified copy, party can not complain about the change of documents with the help of Court staff , specially in the light of Contempt law..

9. As the Central Information Commissioner are unable to understand one Act ( RTI Act, 200) properly (as explained in the present as well previously two articles), the CIC expect normal Citizen to understand thousands of acts/ rules.

Above stapes basically reduce Citizen right information and simple words also remove check of Vigilant Citizen on Government.

It is impossible to believe that central Information Commissioner does not understand the RTI Act, 2005 properly, specially, when the specific above facts brought to their knowledge in appeals/ complaint by the citizen. Kindly note these CIC gets Income of top 1% of Indian Citizen and assisted by Staff including Legal advisor are unable to understand one Act.

Therefore, denial of information is deliberate to protect corruption and their share from corrupt officers..

In the last of present series , my next article will be legal pleading in the CIC.

With regards

Rakesh gupta

Certain Central Information Commissioner, think ,

poor has no right to Information. This articles is available on the web.