Info commission slaps fine on collector's PA general

Jayaraj Sivan / TNN / Mar 23, 2009, 03:03 IST

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The Tamil Nadu Information Commission has slapped a fine of Rs 25,000 on PA general to the district collector.

Info commission slaps fine on collector's PA general

CHENNAI: In a case relating to the failure of Kancheepuram district administration in removing an illegal cremation shed put up in the midst of an approved layout in Palavakkam, the Tamil Nadu Information Commission has slapped a fine of Rs 25,000 on PA general to the district collector.
Passing orders on an RTI petition filed by an activist, R Retna Pandian, general secretary of 5th Pillar India, a non-governmental organisation, information commissioners S Ramakrishnan and R Rathinasamy, on March 13, ordered, "the commission comes to the clear conclusion that here is a case of collusive inaction and unwillingness on the part of the public authority to enforce the law of the land, and inter alia, breach of Right to Information Act as well."
The commission came down heavily on the district public information officer (PA (G) to collector) for neither attending to the enquiry nor carrying out the orders of the commission.It has directed the commissioner of land administration, Chennai, to initiate disciplinary action against him.
The case dates back to 2007 when Pandian filed an RTI application to Palavakkam panchayat asking details about the cremation shed and also as to whether it was authorised by the local body. The panchayat, in its reply, stated categorically that the shed was unauthorised, but did not give any commitment to the petitioner about its removal. Instead, the local body advised Pandian to approach the revenue officials for the removal of the encroachment. Since then, Pandian has filed close to a dozen RTI applications to Tambaram Tahsildar, St Thomas Mount block development officer, Kancheepuram district collector and the panchayat authorities. But they kept passing the buck saying that it was not their responsibility. Finally, Pandian approached the commission last year. Passing orders on his plea, the commission had ordered Kancheepuram district collector on March 14, 2008, to personally examine the case and take necessary action.

Meanwhile, Pandian also moved Madras high court seeking a directive to the collector to remove the encroachment. The court passed an order to that effect on April 2, last year.
Armed with both orders, one from the commission and another from the high court, Pandian once again filed an RTI to the district collector asking for details of action taken.
On behalf of the collector, his PA (G) should have given the replies. However, when nothing was forthcoming, Pandian moved the state information commission again. When the inquiry was held at the commission on February 25, this year, the PIO did not turn up. Instead, Tambaram tahsildar was deputed to attend the hearing, who, as per the order, "could only blink with no knowledge as to why the collector has not acted as per the directions of the commission." The tahsildar informed the commission that the district administration convened a meeting with the offenders on July 30, 2008 and allowed them to continue with their activity till an alternative site for the cremation shed could be identified. He said the issue could not be pursued as the officials were busy with rehabilitation works, taken up, following a natural calamity.
The commission rubbished the excuse saying, "It is amusing that a natural calamity has been continuously holding up action by the public authority for the whole year." Also, such a calamity was "unknown to anybody else in the area," the commission observed.

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