OFFICE OF SECRETARY
DELHI JAL BOARD: GOVT. OF N.C.T. OF DELHI
VARUNALAYA PH-II, KAROL BAGH, NEW DELHI-05
No. DJB/RTI/Circulars/2008/
Dated:
21.04.2008
INSTRUCTIONAL ORDER
Sub:- Implementation of the Right to Information Act, 2005
Delhi Jal Board (DJB) has a Single Public Information Officer (PIO) for
processing RTI requests to give citizens easy access to all necessary
information. This single window system provides a great convenience to
the citizens as they do not have to approach multiple authorities in DJB
for information. The centralized arrangement also ensures that all the
cases are tracked properly the nodal PIO and that DJB does not face any
embarrassing situation (penal orders against DJB or its officials with/
without monetary implications).
During implementation of this system and of RTI Act, 2005, some
lacuna have been noted. For streamlining the centralized arrangement,
following points may be noted by all for compliance :1) The single PIO fully depends on the Assistant Public Information
Officers (APIOs) for guarantying meticulous compliance with RTI
mandated timelines. APIOs, in turn, must to chase up information
pertaining to their divisions/ units and to ensure redressal of any
genuine grievance and implementation of orders of First Appellate
Authority (FAA) or CIC.
2) APIOs, sometimes, provide incomplete or incorrect or very vaguely
worded replies without fully checking records /facts. Some replies
reflect impolite usage of language though one should always be polite
and courteous to citizens. Some APIOs pass on documents/ information
submitted by their subordinates perfunctorily. These shortcomings lead
to a large number of appeals before FAA or CIC. Hence APIOs should
submit complete and correct. All replies must be meticulous checked
and properly drafted so that the department does not face embarrassing
situation before the First Appellate Authority / CIC.
3) APIOs should not take inordinate time in replying. Delayed
information has to be provided free of cost of the applicants, thus
causing financial loss to DJB because of default of some APIOs. Hence
APIOs must furnish the requested information within prescribed time
period as any default leaves PIO/ APIOs liable to pay penalty up to Rs
25,000. No approval can be granted by PIO or First Appellate Authority
or CEO under RTI Act for granting time beyond 30 days for replying.
Hence APIOs should avoid any such references to PIO / FAA.
4) APIOs should put in place an effective RTI monitoring system to keep
track of all applications received and ensure providing correct and
complete information to the applicant within mandated time limit. APIOs
may have a system of calling weekly report of RTI compliance by their
divisions / units. APIOs must always provide information in duplicate.
5) Great deal of time and energy can be saved in compiling RTI replies if
data on our routine operations is properly up kept and if routine
information is disclosed suo motu. Section 4 of the RTI Act stipulates
suo-motu provision of information to citizens. Apart from the 17
mandatory manuals, APIOs may identify the standard information
required that can be suo motu disclosed so that time and resources in
compiling repetitive date may be saved. Such information may be
updated on the DJB website.
6) In some cases, it is noted that instead of providing information, APIOs
plead that the concerned file is with another office or officer of DJB
and don’t provide information. As per RTI Act, APIOs are bound to
provide information within mandated time period even if relevant records
are with any other authority. Hence APIO should himself make request
to the concerned authority/ officer for providing relevant records /
information to the applicant. In case of time constraint, APIO must
inform the applicant about the concerned offices/authority with whom
information is available or matter actually pertains. In addition to this,
detailed reasons as to why the matter does not pertain to his office/DJB
should also be mentioned.
7) In some cases, officials under APIOs send RTI replies directly to the
applicant without approval of APIO. Information must be approved by
APIOs and then sent to PIO.
8) Some APIOs remain absent even for hearing before the CIC which
attracts strong displeasure of CIC. Hearing before CIC must be
attended by APIOs in person, along with relevant records and officials.
9) In few cases, apparent contradiction is noted between reports of
various officials under the same APIO or with any previous reply. To
avoid such instances effective coordination and information sharing is
essential.
10) Sometimes information is denied to the applicant on the pretext of
being a IIIrd party issue without following third party procedure u/s
8 (d) of RTI Act, 2005, viz. inviting objections from the IIIrd party. The Act
permits PIO to deny an information if its disclosure harms competitive
position of a third party based on his written objections. A uniform
disclosure policy should be followed regarding extent to which
information will be placed in public domain and which cases will be
treated as IIIrd party.
11) In cases of enormous information / data, APIO should first inform
PIO about the exact number of pages and about fees to be deposited.
Information may be sent to PIO only after the applicant has confirmed
his willingness through payment of fees.
12) RTI request are also denied on grounds that records are very old
and are difficult to trace. Such excuse has no legal sanctity, unless
information relates to any occurrence, event or matter which has taken
place, occurred or happened twenty years earlier.
13) Some APIOs or officials working under them refuse RTI applications
and direct citizens to submit them only PIO office at DJB HQ, Karol
Bagh. Such undue inconvenience to citizens must be avoided and RTI
requests may be accepted in any office of DJB with clear instruction to
applicant that mandated period for supply information shall be counted
from the date of assigning I.D. number by PIO.
(Santosh D. Vaidya)
Secretary & PIO, DJB
All the APIOs (DJB)
Copy
1.
2.
3.
4.
to:Secretary, Central Information Commission,
Registrar, Central Information Commission,
CEO, Delhi Jal Board,
First Appellate Authority, DJB/ Member (F)
(Santosh D. Vaidya)
Secretary & PIO, DJB