There are several objectionable clauses in Uttar Pradesh Right to Information (UP RTI) rules 2015 , But most dangerous clause is 13 (3) that categorically says that “ The proceedings pending before the Commission on any complaint or appeal shall abate on the death of the complainant or appellant, as the case may be. This is not only threat to RTI applicants but it is also dangerous for entire RTI act.
There are several other provisions
in UPRTI Rules which read separately may appear innocent but if read collectively
they can make disastrous affect on entire RTI proceedings. I.e appointments of
Public Information Officers (PIO) and appellate authorities (AA) are to be made
not by the name of the officers but by the designation of the office .This is
good provision as far as exercise of appointments and reappointments is
concerned. But there are another provisions and forms where PIO or AA need not
mention their names on any of the correspondences.
There is also provision that “during
the course of hearing on a complaint or an appeal, the complainant or appellant
may be present in the Commission either in person or through duly authorized representative”.
And this authorized representative of PIO may appear on behalf of designation.
Hence there may be a situation where after final order even information commission
may not know who the actual information was.
9(1) during the course of hearing on a
complaint or an appeal, the complainant or appellant may be present in the
Commission either in person or through duly authorized representative. However,
the Commission, if it deems necessary, may summon the complainant or appellant,
as the case may be, to be present in person in the Commission on any specific
date of hearing.
(2) The State Public
Information Officer against whom the complaint or appeal has been filed may be
present voluntarily during the hearings. However, the Commission may at its
discretion direct the State Public Information Officer to be present in person
or appear through an authorized representative, provided he is an officer of
sufficient seniority.
Interestingly the form no 17
under which register of penalties imposed u/s 20 of RTI to be mentioned and
form 18 under which penalty order to defaulting PIO is to be conveyed also
silent on mentioning name of the PIO . These forms only say that the name of
the PIO is to be mentioned only if it is available. That Means event after imposition
of penalty nobody will know names of defaulting PIO’s.
Clauses 12 of these rules keep
scope for more mischiefs to the RTI act. It is about the recalling of
commissions orders.
12. (1) The Commission, on
an application submitted by any party aggrieved by an order of the Commission,
may recall its order on the ground of any of the following procedural defects:
(i) The order was passed by the Commission
without hearing the applicant for no fault of his; or
(ii) The Commission heard
and decided the matter on a date other than the one fixed for hearing of the
same and the applicant could not attend the hearing for no fault of his.
(2) The applicant may
submit recall application within thirty days from the date of knowledge of the
order of the Commission.
(3) If the Commission is of
the view that prima facie there is no merit in the application, it may reject
the recall application.
As per clause 13. (1), during the
hearing on any complaint or appeal, the Commission may, on a request made by
the complainant or appellant, as the case may be, allow the complaint or appeal
to be withdrawn. This provision is also liked to be used mischievously by both
parties. Also there are provisions of adjournment of hearing, transfer of
hearings which are also dangerous to RTI act.
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