The Municipal Corporation of Delhi has received flak from the Central Information Commission for its failure to provide information to an RTI applicant and claiming otherwise. The curious case came before the Central Information Commission where an MCD official, when questioned by Information Commissioner Shailesh Gandhi during the hearing, said information sought by the applicant has been furnished. When grilled, the official Jagdish Prasad, produced a reply which said, "Since this information is time consuming the department may prepare the information, as and when report will be compiled and it will be provided to you as early as possible".

Such a reply prompted a stern warning from Gandhi. "The Commission warns the PIO not to send people for hearings who do not have the capacity of understanding what information is," he said. The case relates to one Swarn Kumari Sharma of Karol Bagh who was trying for last one year to know details of Assured Career Progression scheme of teachers in MCD schools but was not provided any response to her questions. The RTI Act mandates furnishing of information within a month of application.

"From the facts before the Commission, it is apparent that the PIO and the deemed PIO are guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act," Gandhi said while issuing showcause notice to officials of the MCD. "Mrs Vijaylaxmi then PIO and Deemed PIO Mr Jagdish Prasad, School Inspector will present themselves before the Commission...alongwith their written submissions showing cause why penalty should not be imposed on them as mandated under Section 20 (1)," he said.

 

How to fight against corruption?

Generally, cases of corruption are either dropped on some “technicality” or the progress in these cases is very slow due to some influence. Because of this, corrupt officials go free! You can put an end to this. Use RTI!

You can seek details from the “vigilance wing” of any government department. In case you don’t know, the “vigilance wing” is supposed to keep an eye out and investigate into all malpractices, frauds etc.

You can send an application to the PIO and ask for the following details:

1.      Please give a list of all the officials against whom any complaint of corruption was received from any quarter during the period ________ to _______.

2.    Please give copies of all these complaints.

3.    Out of the above, which of the cases have been dropped and why? I would like to inspect all these files. Please intimate the date and time when I can come to inspect these files.

4.    Please indicate the progress being made in the rest of the cases.

Get your Govt. grievances solved!

If you have a grievance or problem against any Govt. department, you can use the department’s “Grievance Redressal Machinery” to voice your problem so that it may be solved.

Unfortunately, the officers in charge do little about the grievances that they receive. You can change this. Now, you can keep a check on the working of the “grievance redressal machinery” of any department. 

Use RTI and ask for the following details:

Please give a list of all the grievances received by all the officers in your department during the period ________ to _______. The list should contain the following details:

1.      Name and address of the complainant

2.    The circle/district etc to which it pertains

3.    Brief description of the grievance

4.    Date of receipt of grievance

5.     Date of redressal of grievance

6.    Nature of redressal

7.     If not redressed, reasons for the same

8.    As per law, in how many days such a grievance should be redressed

9.    Name of the official responsible for the delay

10.   Action proposed to be taken against this official for delay

11.  Is grievance against an official? If yes, name of the person

12.What action has been taken against that employee?

13.If any inquiry carried out, results of the same

14.If no inquiry carried out, why?

Please give copies of all the complaints and inquiry reports made against the officials alleged to be guilty.

Once investigation into these matters begin, the Govt. department will have to start correcting itself.  

Know what the Govt. is doing with your tax money!

Right to Information Act allows any citizen to inspect any government work. You can inspect an old project (which has already been completed) or a current ongoing project. If you inspect ongoing work, you will be able to prevent corruption from taking place in that work.

Most of the corruption takes place in records! For example, only 100 meters of road would be made but the officials would fill up 200 meters and would make payment for 200 meters. 

Even if there is a inspection, the officials think that they will be able to bribe their way through it. But if, you file an application under the Right to Information Act before the start of any work, saying that, you want to inspect that work once it is completed, the officials would now know that someone from the public is going to inspect their work!

Now, they will not enter wrong measurements in the records. They will also be careful in using inferior material if you have asked for sample of material. 

File an RTI application that asks for the following information:

I would like to inspect the following documents related to the works. These records should be made available to me for inspection when I come for inspection of these works:
a.    Measurement Book
b.    Details of Estimates
c.    Sketches

When you file such an application, you will be given a date, time and venue where you should go for inspection. When you go for inspection, please keep the following in mind:

It would be good if you take a technically qualified person along with you. Get him to verify each and every aspect. Make sure that they are using quality material. If you find corruption, report it and file an RTI to check the status of your report. 

The Govt. have given to us this great tool that makes us in control of everything that is done around us. Use this tool. Do not let corruption prevail. But, what is more important, let us make sure that the RTI Act remains. Whether you use the act or not, we need your support so that others may use the act and keep a watch over the Govt...

          Generally, when you go to a Govt. office to get some work done, the situation is quite pathetic. The Govt. employees will either not listen to you or they will give you a vague response or they will raise some “irrelevant” objection. 

          This is generally done because the employees are “fishing” for a bribe! They are hoping that you will get frustrated and give them a bribe to “move things faster!” Do not give the bribe to them. Use the RTI Act and get your work done. Here we will show you how you can do this!

          Just as an example, let us assume that you applied for a new water connection about a year back, but still nothing has happened about it. What you should do is, write an application according to the rules of your state and send it to the PIO of the Govt. department you are dealing with.

The application you write can be on these lines:

I had applied for a new water connection about a year back, but have not received the same. Copy of the receipt of the same is enclosed for your reference. Please provide the following information with respect to the same:

• Please provide the daily progress report made on my application.
• Please give the names and designations of the officials with whom my application was lying during this period. Please intimate the periods when it was lying with which officer and what was the action taken by that official during that period.
• Please give the proof of receipt and dispatch of my application in the office of each of these officials.
• According to your rules, in how many days should a new water connection be granted. Please provide a copy of these rules.
• The above officials have not adhered to the time limit mentioned in these rules. Are these officials guilty of violating these rules and hence guilty of misconduct under their conduct rules. Please give a copy of their conduct rule, which they have violated by violating the above mentioned rule.
• These officials have caused serious mental injury to me by making me run around all this while. Are these officials guilty of causing mental harassment to the public?
• What action can be taken against these officials for violating all the above rules and the conduct rules? By when this action would be taken?
• By when would I be granted my water connection?

         Normally, it becomes difficult for the officials to reply to these questions. If they do reply to all the above questions, this will lead to them taking action against the officers who have not been performing their duties. The general experience is that the moment you file such an application, the work is done. 

RTI (Right to Information) act has given the people, the power to CHANGE the country. The RTI act has made the inner working of the Govt. transparent! If YOU, the average citizen learns to use this act, YOU can change the country.

Here i have told everything that you need to know about the RTI Act, how you can use it, how it affects you etc! Even if you know nothing about “politics” or “laws” do not worry. If you think that the RTI Act does not affect you, "YOU ARE WRONG!" If you are a citizen of Indian, the RTI Act has given you a lot of power that you can and must use.

For example, next time you ask for a “phone line” or a “water connection”, if you use the RTI Act, you can get your work done quickly. You will not have to make 15 trips to the Govt. offices and bribe and beg the officials to get your work done. RTI has changed all that.

If you are young and cannot appreciate all the above points, then believe us that sooner or later you will have to go and get some of your work done though Govt. offices. When you do, you will appreciate the power RTI. But, by then it will be too late.

Basically, if you are an Indian, YOU MUST read this! Not only that, do tell as many people as you can to also read this. Do this for your country!

Now, we shall try to understand what the RTI Act is all about... 

What is RTI?

RTI stands for "Right to Information". Right to Information is a fundamental right that every citizen has! Basically, the RTI gives you all the information that you want about the Govt. and what they are doing with your tax money!

You have the right to ask the Govt. why the roads outside your house are not fixed, why have you not received your “rashan card” as yet, why is there so much garbage in your area that is not picked up etc.

If RTI is a “fundamental” right, then why do we need an “Act”?

Simply because if you go into a Govt. office and demand that they tell you why your work has not been done, they will not entertain you or might even throw you out. If it’s a law, then it becomes harder to do this. If they do not give you the information you want, they will have broken a law and can be punished for it!

Who will give me information I am looking for?             

One or more officers in every Government Department have been made "Public Information Officers" (PIO). If you want some information, you need to file an application with the PIO. The PIO’s are responsible for collecting information wanted by you and providing that information to you.

Also, several officers have been appointed as Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO.

Can the PIO refuse to give me information?

A PIO can refuse information on certain subjects. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc. 

But, do not worry about this!

For an average citizen like you and me, the information we are looking for does not come under these categories. So the PIO can not refuse to give us information.

Where do I submit the application for information?

You can do that with the PIO or with APIO of the Govt. department you are questioning. In the case of all Central Government Departments, certain "post offices" have been designated as APIOs. This means that you can go to any of these post offices and submit your “fee” and “application” at the RTI counter in these post offices.They will issue you a receipt and acknowledgement and it is then the responsibility of that post office to deliver it to the right PIO.

Is there any fee? How do I deposit that?

Yes, there is an “application fee”. For Central Government Departments, it is Rs.10. However, different states have different fees.

For getting information, you have to pay Rs.2 per page of information provided for Central Government Departments. It is different for different states. Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs.5 for every hour or inspection. This is according to Central Rules. For each state, you need to see respective state rules.

You can deposit fee in cash or through a DD or bankers cheque or postal order. You can then deposit your application either by post or by hand. 

What should I do if the PIO does not accept my application?

You can send it by post. Once you send it along with the fee, your job is done. 

You should also make a formal complaint to the respective “Information Commission”. The Information Commissioner has the power to impose a penalty of Rs.25,000 on the concerned PIO officer who refused to accept your application. But it is most likely that the PIO will accept your application. 

Is there an "application form" to be filled?

For Central Government Departments, there is no form. You should apply on a plain sheet of paper like an ordinary application. However, many states and some ministries and departments have prescribed formats. You should apply in these formats. Please read rules of your respective state.

How can I apply for information?

Draft your application on a normal sheet of paper and submit it by post or in person to the Public Information Officer (PIO). [Remember to keep a copy of the application for your personal reference.]

How can I send my application fee?

Every state has a different mode of payment for application fee. Generally, you can deposit your application fee via:

• In person by paying cash [remember to take your receipt]
• Demand Draft
• Indian Postal Order
• Money orders (only in some states)
• Affixing Court fee Stamp (only in some states)
• Banker’s cheque

Some state governments have some "head of account". You are required to deposit fee in that account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favor of that account along with your RTI application. Please see respective state rules.

What if the PIO is not available?

In case the PIO is not available you can submit your application with the Assistant PIO or any other officer designated to accept the RTI applications.

Where can I find the concerned PIO?

A list of PIOs/APIOs for all Central and State departments/Ministries is available online at www.rti.gov.in

What if I can not locate my PIO or APIO?

In case you have problems locating your PIO/APIO you can address your RTI application to the “PIO C/o Head of Department” and send it to the concerned department with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.

Is there a time limit to receiving information?

Yes. If you file your application with the PIO, you must receive information within 30 days. In case you have filed your application with Assistant PIO then information has to be made available within 35 days.

Do I have to give reasons why I want a particular information?

Absolutely not! You are not required to give any reasons or additional information other than your contact details (i.e., Name, Address, and Phone No.)

Can the PIO refuse to accept my RTI application?

No. The PIO can not refuse to accept your application for information under "any circumstances". Even if the information does not pertain to his/her department/jurisdiction, she/he has to accept it. If the application does not pertain to that PIO, he would have to transfer it to the right PIO within 5 days.

How does this law help me in getting my work done?

Let us take the case of Chirag. He was not being given his ration card. But when he applied under RTI, he was given a card within a week. What did Chirag ask? He asked the following questions:

• I filed an application for a duplicate ration card on 27th January 2004. Please tell me the daily progress made on my application so far. i.e. when did my application reach which officer, for how long did it stay with that officer and what did he/she do during that period?
• According to the rules, my card should have been made in 10 days. However, it is more than three months now. Please give the names and designations of the officials who were supposed to take action on my application and who have not done so?
• What action would be taken against these officials for not doing their work and for causing harassment to the public? By when would that action be taken?
• By when would I get my card now?

In normal circumstances, such an application would be thrown in a dustbin. But this law says that the PIO has to reply in 30 days. If they don’t do that, their salary could be deducted. The problem is that it is not easy to answer these questions.

The first question is: Please provide the daily progress made on my application. There is no progress made. But the government officials cannot write in that they have not acted for so many months. Else that would be “admission of guilt on paper”. Which in a legal term for saying that they are going to be “booted”.

The next question is: Please provide the names and designations of the officers who were supposed to take action on my application and who had not done. If the government provides names and designations of the officials, their responsibility gets fixed. Any officer is most scared of fixing of responsibility against him in this manner. So, the moment one files such an application, his/her pending work is done.

What should I do after getting information?

It depends on why you asked for that information and what type of information is it. Often a lot of things start falling in place just by asking for information. For instance, you would get your passport or a ration card just by asking for the status of your application. In many cases, roads got repaired as soon as the "money spent" on repairs was asked. So, seeking information and questioning the government is an important step, which in itself is complete in many cases.

But suppose you expose some corruption or wrongdoing using RTI. Then, you can complain to vigilance agencies, CBI or even file an FIR. 

But one thing is certain. Seeking information like this and exposing the corruption does improve the future. The officials get a clear message that the people of that area have become alert and any wrongdoings in future would not remain hidden as they were in the past. So, their risks of getting caught increase.