pathetic Information seeker , reluctant bureaucracy and insensitive SIC Uttar Pradesh

pathetic Information seeker , reluctant bureaucracy and insensitive SIC Uttar Pradesh
We all have been reading general public's laments and cries for over two year about the pathetic state of the information seeker in SIC Uttar Pradesh. I do hope that someday, the RTI warriors will form a joint forum and strive for the cause of RTI across the length and breadth of the country. If that doesn't happen, an individual organization with potential like the task force can rise up to achieve a national stature and level and take the fight head on with those bent on blunting the edge of transparency tool. Task force & Social audit team is one such organization which will scale up in due course .

When the Acivists started identifying the blunders and unlawfulness of the SIC, Uttar Pradesh's orders, proving their contradictions even with the Central Information Commission's Orders the SIC seems withholding issue of its orders of cases likely to expose corruption. I am still waiting for the orders of many of my cases heard by the SIC.. The PIOs get away by furnishing more or less the same reply intially furnished against which first appeal/Complaint/ Second appelas were made. Another aspect is that the PIO's reply admitting that the reply
furnished earlier was wrong implying admission of the allegation. But the PIO/AA/SIC refuse to take further action on sequence of events took place based on the wrong or fraudulent replies furnished by the PIO earlier nor any action seen initiated against the public servants who framed the false report in the judicial proceeds - a criminal act. The PIO does not even intimate the affected parties to whom they have earlier made a false report.
when the situation is that a fraud of a public servant was detected with documentary evidence. In order to get authenticity or to proceed further, the information so gained with documentary evidence was projected to the PIO seeking confirmation using appropriate words fully exploiting the provisions of the RTI Act.. The PIO deny it blatantly. The AA follow suit as the information if confirmed will expose serious acts of corruption.During second appeal/complaint the SIC order the PIO to providetheinformation. The PIO reply that the information so furnished earlier was a mistake. Now what happen to the entire case. When the PIO confirm that the reply he had furnished was a mistake, it amount to confirmation before commission of fraud or a crime. Neither the PIO nor the AA is willing to proceed further nor prepared to reissue the original letter to the concerned which the PIO had denied it.
Of course, the RTI Act still has scope to probe further by confronting the concerned with these admissions, seek action taken. But is it necessary to harass the common man to that extend. The bottle-neck is the SIC who takes inordinate delay in considering a case .
Who will issue guidance or tell the PIO that a simple reply that the earlier replies furnished by them was a mistake does not stop the issue. It is a basics of jurisprudence that "a mere judgement in favor of the appellant does not solve the problem unless the appellant is able to reap the benefits of the judgement"
Recently In the matter relating to the failure on the part of the Medical Directorate to provide information, the Bombay High Court had ordered the Chief Information Commissioner of Maharashtrato be present in the High Court on Friday i.e. March 14 and present the correct facts. As he failed to be present in the Court as directed, the Court has ordered the Mumbai police commissioner to serve summons on the Chief information Commissioner to be present in the Court on Friday. Dear There is a saying " Don't beat me Papa, I won't improve" . In uttar pradesh the atrocities and lawlessnes in functioning of the SIC has crossed all limits. The SIC is not even prepared to read the orders of CIC even when its copies sent to them though it proclaimed solidarity with theCIC in attending the CIC's conference a Delhi for collective bargaining. Every time one ask for a data on pendency state one get different datas . A first appeal to the AA of the SIC on the
discrepency always remains pending with no response within the specified time . Information commissioners' duty in shifts has gravely affected the quality of their decisions. Information commissioners should have already read the appeal papers and prepared short notes which may help them render decisions faster. To my mind, the Commission is either staffed by downright dishonest and puppet ICs or they are plain incompetent people who lack the courage to think out of the box and introduce novel solutions and new-age/lean processes to efficiently deal with the work load. We don't need an Einstein.
A good team of management graduates will do. Let the ICs focus all their time and energies on actually dealing with the appeals and complaints. In this scenario, the Information Commissioner in Pune,-V. V. Kuvalekar, - seems to have realized his duty to deliver and is trying a novel approach to tackle this problem. He has grasped the fact that he is responsible for ensuring that this Act delivers to the Citizen within a reasonable time, and is holding a Special Appeal Disposal program on 18th and 19th March at the Council Hall in Pune. He has committed that he will dispose 313 appeals in those two days. This is a first in the Country, and he has promised that by July, the pendency in Pune division will not exceed about 3 months. Activists have been arguing with the Commissions that since the Bombay High Court disposes an average of about 2400 cases per year judge, Commissions should be able to dispose atleast double of that. Is uttar pradesh information commission listening ? I wonder why the State Information Commission is wasting huge amount of public money if it can't do the job effectively and efficiantly ? I don't think they like their dismal performance getting any publicity. I find getting any information from uttar pradesh SIC is a herculian task. The Stastics of disposal of cases , quality of disposal of cases and Cases pending at the SIC U.P. will clear the picture to all .

Hon'ble Shailendra singh is making every effort to ensure that the SIC
Uttar Pradesh maintain its web-site at least at par with that of CIC giving their monthly performance chart.
In terms of disposals and transparency , Karnataka appears to
be the best in the country . It has an avearge pendency of about 3 months, and disposes about 500 cases with 3 Commissioners. I am happy know that even Bangladesh has come up with Right to Information Ordinance of 2008 which draws heavily on the Indian Right to Information Act.
Surely, social audit team and it members are doing all they can for communities at large where demographic groups are addressed in the intricacies of RTI. Task force and its volunteer members thrive on large voluntary participation for the efficacy and success of each of their campaigns. The efforts made herein are all inclusive and strives to empower a man on the street of his rights and the use of RTI particularly. As it now happens, all dedicated community volunteers attend one or more meetings of any of our campaigns to go back to their respective communities and spread the good word around. Informed individual add strenghth to the elbows of organisations by participation and carrying forward the movement. Perhaps, voluntarily joining such campaigns seems a better alround solution. It is good and highly appriciable that there are some selfless people amongst us who are devoting time for a common good cause by becoming a part of this movement. I want to draw your attention to the latest development that SAARC countries have decided to replicate India's Right to Information (RTI) Act in their countries, keeping in view their socio-economical limitations.This was agreed at a two-day conference of Forum of Ministers of Social Development of the SAARC Region in the capital .
The meeting was attended by the representatives of Bhutan, Maldives, Nepal, Pakistan, Sri lanka, Afghanistan, Bangladesh and India."All SAARC nations have decided to replicate the Right to Information Act in their respective countries considering their social and economical limitations.The meeting was aimed at developing a consensus between all the SAARC nations about transparency and a mechanism that will address problems being faced in the areas of social development.The countries have agreed to enhance cooperation among themselves in the field of social science research through exchange of social scientists, information on research outcomes and mutual cooperation.Isn't this an acknowledgement and tribute to the pioneering efforts of the founding members and architects of RTI Act 2005 in India? Yes . it is.It is also their continued personal commitment that they do not rest on their achievements and magnificient laurels as we see them continue pressing on regardless in their efforts to create awareness and popularising the use of the Act in every community within their reach.We need to doff our caps to each one of them personally in recognition of their achievement and the fact that SAARC countries have seen and recognised the wisdom of their effort. We also need to doff our caps to every other organisation that continues marching on and help carry this Act to even remote corners.The progress may seemingly be slow, but awareness and consciousness has been sparked, and above all, brakes applied on all those run-away bureaucrats who have been brought to almost a grinding halt in their unilateral actions and biased decisions.
Even In USA, Sunshine Week is being organised from 16-22 March 2008 . The Sunshine Week alliance has begun a yearlong Sunshine Campaign project to bring the discussion of open government issues to
election campaigns from president to local city council. While the
initiative expands the scope of Sunshine Week to cover the entire
election season, there still will be myriad events, coverage and
other activities during Sunshine Week 2008, March 16-22.The Sunshine Campaign is designed to spur campaign conversation —
and commitment — to open government during the presidential race and
continuing on through to city council contests. Journalists, and
anyone else with the opportunity, are encouraged to ask every
candidate for public office to explain his or her positions on open
government and Freedom of Information issues.This is an interesting campaign towards citizens awareness about
freedom of information. Similarly a recent past News item from Kaula Lumpur is of very much significance in present scenario. Voters are getting more discerning, with better education and awareness. The
voters are worried about the issues directly concerning them. Unless the election campaigns take care of the issues concerning the voters and unless the actual performance of Government speaks for itself, such "surpises" are inevitable.Political parties should take note, while working out the strategy for next general elections as RTI is going to play a major role .

In my opinion the bureacracy has failed to meet
the aspirations of democratic governance.Solution lies in more active interest by citizens, empowered by the
Right To Information Act 2005. , rectification in the situation lies in effective external influences; politico-administrative system would prefer maintaining
the status-quo. India has some of the hardest-working bureaucrats in the world, but its administration has an abysmal record of serving the public.

I think that RTI must include private companies also since they affect the lives of citizens and are mostly funded by citizens who are their share holders. After all, what could be confidential in the working of private companies which they cannot share with the public. In an era of free economy where all essential services including banking and communications are open and rather dominated by private-sector, country's mute public needs proper accountability for those controlling at least essential services in private sector. Private banks and telephone-operators are badly harassing and looting their customers by gimmick and unfair means with no action or reply coming on communications addressed to them. It seems that concerned government agencies and departments controlling these private bodies reach on some under-table under-standing for public being harassed by allowing private-sector to mint money for their own benefit.Till India follows South Africa to extend RTI Act to private sector, there should be adequate and wide-spread publicity about little-known institutions like Banking Ombudsman and Telecom Regulatory Authority of India (TRAI) so that people may have forum to complain about erring private-sector.