InfoRights

Protect Yourself

Public Information Officers

The Public Information Officer is the interface between the Public Authority to which he belongs and the citizen seeking information from the Public Authority. He is the fulcrum around which the actual operation of the Right to Information Act operates. He is the key figure in implementation of the Act. He has therefore to perform a variety of functions. The list of associated duties is large. The Public Information Officer receives applications requesting for information, processes them, gathers the information requested and makes the information available to the person requesting information. It is entire his job. If the particulars of the case warrant so, he can even refuse to supply the information. In processing the requested application, he has to ensure that

Application fee has been paid

How much further fee is required to be paid by the applicant and inform the applicant about it

If the additional fees is such against which appeal can be filed by the applicant, to inform the applicant the details of the appellate authority

Interests of third party are protected

If information requested pertains to any other Public Authority, other than the public authority to which the Public Information officer belongs, transfer the application to the concerned Public Information Officer and inform the applicant.

If the information requested pertains to the same public authority but the information sought is under control of some other officer, the application is not transferable.

It is the duty of the Public Information officer to fetch the necessary information from him and provide the same to applicant. In this connection Section 6(3) of the Act may be referred to which reads as follows:

6.	(3)		Where an application is made to a public authority requesting for an information,—
		(i)	which is held by another public authority; or
		(ii)	the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

Information is supplied within the prescribed time as per the Act. (maximum time thirty days) In case of refusal to supply the information, he has to pass an order in writing giving reasons for refusal and inform the applicant the details of the appellate authority where applicant can file appeal against the decision of the Public Information Officer.

The Public Information officer has to be watchful and diligent in performing the role. He is crucially dependent upon other Officers of his organization for collecting the information desired by any citizen. In the above scenario, the chances of failing to comply with duties assigned in the Right to Information Act are high. And for these failures, he is personally responsible.

The Act provides for filing of complaints by person requesting for information and imposition of Penalty upon the Public Information Officer by the Commission, if the contentions of the complainant are justified. The relevant provisions are:

CHAPTER V Powers and functions of the Information Commissions, appeal and penalties
18	(1)		Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
		(a)	who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
		(b)	who has been refused access to any information requested under this Act;
		(c)	who has not been given a response to a request for information or access to information within the time limit specified under this Act;
		(d)	who has been required to pay an amount of fee which he or she considers unreasonable;
		(e)	who believes that he or she has been given incomplete, misleading or false information under this Act; and
		(f)	in respect of any other matter relating to requesting or obtaining access to records under this Act.

Most of the issues on which complaint lies revolve around the Public Information Officer. The Commission has the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908. They have the following powers:

18.	(3)		The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
		(a)	summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
		(b)	requiring the discovery and inspection of documents;
		(c)	receiving evidence on affidavit;
		(d)	requisitioning any public record or copies thereof from any court or office;
		(e)	issuing summons for examination of witnesses or documents; and
		(f)	any other matter which may be prescribed.

The powers of Commission to impose penalty are contained in Section 20 of the Act which reads as follows:

(1)

Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:

Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:

Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.

The Information Commission can impose penalty on the Public Information Officer. The penalty amount is Rs. 250/- per day subject to maximum of Rs. 25,000/-. And, the penalty has to be borne by the Officer out of his own pocket. This penalty can be imposed in the following circumstances:

• Refusing to accept application

• Not supplying information within prescribed time without reasonable cause

• Malafidely denying information

• Knowingly giving incomplete, incorrect or misleading information

• Destroying information requested for

• Obstructing the supply of information in any other manner

In the above provisions, reasonable cause and malafide intention do find mention and reasonable opportunity provision also exists, but the imposition of penalty is contingent upon mere 'OPINION” of the Commission and not upon any stringent criterion of ‘satisfaction' or ‘belief'.

Notice also that the onus shall be on the public information officer to establish that the act was not deliberate and the Officer acted in good faith in fulfilling the duties.

The Commission can go even beyond to recommend disciplinary action on persistent default of any Public Information Officer. The relevant provisions are:

20.

(2)

Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him. (stress provided)

So, watch carefully.