AHMEDABAD: Central Information Commission (CIC) has ruled that information should be provided in the form and manner it is asked by the applicant under Right to Information (RTI) Act. It said this while disposing a case where applicant had sought details about release of arrears for freedom fighters.
Ramesh Patel of Bodakdev had under RTI applied to the deputy secretary of the freedom fighters' division (FFD) of the ministry of home affairs (MHA).
He wanted to know about action taken by various authorities on Gujarat High Court's ruling of October 29, 2004 ordering release of arrears with 9 per cent interest.
Patel's father Babubhai had approached the FFD, written several letters after the Supreme Court's order of March 31, 2006 and yet arrears were not released before his demise. Wanting to initiate legal action, Patel demanded accountability for "irresponsible treatment to a freedom fighter" by seeking names of those officers responsible.
"Is it necessary for every citizen of India to seek action citing contempt of court to get his due from government of India?" questioned Patel, while demanding accountability on the issue of implementation of directions of HC and SC.
Responding to his application, deputy secretary VK Gupta admitted to delay in implementation of the SC order. This, he claimed, had happened "neither wilfully nor due to negligence but due to time-consuming and unavoidable administrative procedures".
Further as three separate petitions were filed by the Union of India against Gujarat HC order, all cases were clubbed together. Only after receiving the SC order, the matter was moved for seeking approval of the competent authority for sanctioning pension.
Undersecretary of MHA, Manmohan, rejected Patel's first appeal stating that in guise of seeking information under RTI he was raising questions for fixing responsibility for delay in handling cases by concerned officers.
Chief Information Commissioner of the CIC, Wajahat Habibullah, hearing Patel's second appeal wondered how an undersecretary and officer junior to the deputy secretary who in this case was the Public Information Officer (PIO) has disposed of an appeal under RTI.
Setting aside order of the undersecretary of MHA, the CIC directed that appellate authority, joint secretary of MHA, AK Goyal, re-examine the matter and provide a point-wise response to Patel within 10 days.