‘Public Importance’ can’t override practicalities
*DSEK asked to ensure pending info is provided
Mohinder Verma
JAMMU, May 10: In a significant ruling that may redefine the balance between transparency and administrative functioning, the Central Information Commission (CIC) has issued a sharp caution against what it termed “indiscriminate and impractical” Right to Information (RTI) demands while hearing a major case linked to Jammu & Kashmir’s education sector.
Hearing an appeal involving the Directorate of School Education Kashmir (DSEK), the Commission observed that merely calling information “a matter of public importance” does not automatically override the practical limitations and functioning requirements of Government institutions.
Mere utterance of the phrase ‘public importance’ does not preclude other factors to be taken into consideration to arrive at a balanced view while upholding the right to information of a citizen vis-à-vis unhindered functioning of the public offices and utility of public resources, the Commission said.
The CIC made the observation while dealing with an extensive RTI application seeking massive information related to Government schools, teacher shortages, infrastructure gaps, scholarship schemes, private school regulation, student-teacher ratios and budget utilization across Kashmir Division over a six-year period.
The CPIO replied to the RTI application enclosing the information received from the Chief Accounts Officer of the Directorate in respect of certain points. Being dissatisfied that the complete information was not provided by the CPIO, the appellant filed a First Appeal and the First Appellate Authority (FAA), Director of School Education, Kashmir conveyed to the appellant that information vis-à-vis remaining points have been received from certain Chief Education Officers.
While disposing of the appeal, the FAA directed other CEOs to provide information to the appellant without charging any cost.
Subsequently, the appellant approached the Commission with the Second Appeal stating no information was supplied by the Department of School Education (Kashmir Division) even First Appellate Authority directed them to provide requisite information within seven days.
The CIC observed, “the quantum of the records and the sources wherefrom the information/data of this nature or relevant inputs for such queries are required to be procured by the Directorate of School Education would appear to be humungous. While collecting and collating such information would entail disproportionate diversion of the resources of the Public Authority in terms of Section 7(9) of the RTI Act”.
“Whilst, the appellant has stated in the Second Appeal that the information sought by him is of public importance but in the considered view of the Commission, mere utterance of the phrase public importance does not preclude other factors to be taken into consideration to arrive at a balanced view while upholding the right to information of a citizen vis-à-vis unhindered functioning of the public offices and utility of public resources”, the CIC said.
Quoting the landmark Supreme Court judgment in Central Board of Secondary Education (CBSE) & Another Versus Aditya Bandhopadhyay, the Commission underlined that the Right to Information is a “cherished right” meant to fight corruption and ensure accountability, but warned that RTI mechanisms should not become a burden that cripples administration.
The Commission reproduced the Supreme Court’s observation that the nation cannot afford a situation where “75% of the staff of Public Authorities spends 75% of their time collecting and furnishing information instead of discharging their regular duties”.
The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a Public Authorities prioritizing ‘information furnishing’, at the cost of their normal and regular duties, the CIC said quoting the Supreme Court observation.
Subsequently, the CIC directed the Directorate to forward its order to all concerned Chief Education Officers who had still not complied and asked them to ensure time-bound compliance. “The concerned Chief Education Officers are expected to comply with the FAA’s order and the same may be ensured in a time bound manner considering the elapse of considerable time period”, read the order of the CIC.
Follow our WhatsApp channel
