Management board chief of Wilson College asked why should no fine be levied on him for withholding RTI information
In a one of its kind order, the state information commission (SIC) has summoned the chairman of the management board in Wilson College at Chowpatty for withholding information raised by a Right to Information (RTI) application to a public information officer. The order may pave the way for a fine being levied on the chairman and management board of other colleges which refuse to disseminate crucial information raised by RTI applicants.
Ajit Kumar Jain, the state information commissioner of the Brihanmumbai bench, passed the order on April 19 after a former professor of Wilson College, Naseer Jahagirdar, had filed several RTI applications.
Through different applications, Jahagirdar, had sought information on the action taken on his complaint against a former principal. Jahagirdar's application had sought information from the college board and the grievance committee. Both the bodies failed to provide the information.
During the hearing, the public information officer (PIO) stated that information is not available in the college. Despite a direction from the first appellate authority (FAA) that the information should be collected and given, it was not provided to Jagirdar. The commission had asked the principal of Wilson College to attend the hearing. Additionally, Prem Masih, the chairman of the management board was also asked to attend the hearing.
In another first, the 'deemed PIO' for the RTI query was changed to the principal of the Wilson College. And when the principal said that the information was available with the chairman of the management board, he was made the 'deemed PIO' in the matter.
The commission ordered that information should be provided by the chairman and he should give a notarised affidavit on May 10, mentioning as to why a penalty should not be imposed on him.
In the other RTI application filed by Jahagirdar, seeking information from the grievance cell, the PIO was fined Rs 25,000.
"The order makes it clear that the administration records have to be kept and be given to an applicant," said Jahagirdar. The order comes even as the society that had appointed the board management was not declared a public authority in 2015 by a joint bench of SIC.
WHO IS A DEEMED PIO?
When a public information officer (PIO) seeks assistance of any other officer who he or she considers it necessary for the proper discharge of duties to provide information to an RTI applicant, then the officer whose assistance has been sought becomes the deemed PIO
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