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Monday, January 11, 2016

Uttar Pradesh Right to Information rules dilute the very object of RTI act

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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