Literary geniuses
(LG) of Maharashtra mantralay have recently issued a circular about compliance
of section 4 of The RTI act. These LG’s are expert in avoiding any issue that is
embarrassing to the Government. That means in case of any serous agitation,
Fast, rally or media news about anything they promptly issue a well drafted
circular to calm the issue temporarily.
In a circular
issued On 9th of this month
government has mentioned that , The central RTI act came in to force on 12th
October 2005 It was necessary for all the public authorities to comply and
update information on 17 points in section 4 (1) (b) of this act 120 days before
it was introduced. Government has repeatedly issued many orders to public
authorities in this matter, however it is observed that many public authorities
have still not complied with section 4
of RTI act, hence again following orders is being issued.
The public authorities (PA) that have not prepared information on 17 points of section
4 (1) (b) of RTI act and published it on website, PA’s that have not appointed
CPIO’s , PIO’s and AA’s put their names on board are directed
to this on priority. All the administrative departments to follow up of this
matter with the PA’s under their control, all the PA’s should update their website.
All the PA’s should send compliance report to their concerned departments as
per directions in this circular.
There is nothing new in this
circular, such types of of circulars are so innocent that whether complied or
not it makes no difference. In fact one can say that there is always hidden
direction in such circular that they should not be complied with.
Now see this, Social activists and
information commission time and again keep complaining to the government about
non compliance of RTI act. In first quarter of RTI act noted social activist Anna
Hazare met chief minister (CM) of Maharashtra
on this issue .Obviously it is always necessary for CM to show displeasure
after Anna’s complaint on any issue,
accordingly CM expressed his ‘serious displeasure” on non compliance of RTI
act. Promptly literary genius of mantralay on 5th may 2008 through a
fresh circular communicated CM’s “ serious displeasure “ to all the public
authorities and asked them about compliance of RTI act. There after nothing
happened.
There after something happened and
on 24 July 2009 present State information commissioner and then principle secretary
to the government on Maharashtra Mrs.T.M. Thekkekara issued a fresh circular on
same issue. However this time circular was bit tough (?) one. This time there was
threat of mentioning non compliance in Confidential Reports of officers if
direction were not complied before 31 august 2009. As usual nobody
nobody took cognizance of this circular also.
Interestingly during period of Mrs.
Thekkekaras’s and earlier circulars, all the information commissioners who are
presently working in information commission of Maharashtra were serving on key
posts in the government. However nobody bothered about compliance of any circular.
As if they knew that their such behaviour will only make them eligible in
future for information commissioner’s post. Accordingly same thing happened,. All
these people applied for the post of Information commissioners pretending
themselves “ person of eminence” and another High Power committee of persons of
eminence headed by CM , deputy CM and leader of opposition agreed with and recommended
their names and accordingly governor appointed them as Information commissioners.
Present information commission has
several times has warned of serious
action against all the public authorities for non compliance of RTI act,
however till today non of them has taken it seriously, because public
authorities know that all the present commissioners were their former bosses
and equally responsible for non
compliance of the act, hence they didn’t take cognisance of any warning.
Through 9th may circular government has confessed that even in ninth
year of RTI act many public authorities
have not complied with section 4, have not appointed CPIO, PIO and AA’s , even
then since last many year government claims that 95% of the applicants get the
desired information. Information commission is echoing the same thing. However
in absence of adequate CPIO’s, PIO’s and AA’s how it is possible that 95%
applicants got the information? .That means government and commission both misrepresented
the facts and hence they have to clarify on it or apologize to the citizens of Maharashtra.