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LATEST NEWS UPDATES | 5 yrs on, no appeal procedure rule for RTI by Manthan K Mehta

5 yrs on, no appeal procedure rule for RTI by Manthan K Mehta

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published Published on Feb 7, 2011   modified Modified on Feb 7, 2011

Even though five years have passed since the Right to Information Act came into existence, the Maharashtra government is yet to frame procedure rules for applicants to file appeals. s under this Act.

Maharashtra is the only state in the country that is yet to draft the appeal procedure rules, which are supposed to prescribe the process of filing a query, including the submission of documents and the hearing for appeals.

The prescribed rules for appeals are necessary as it will lay down the procedures, including the submission of document and conduct of hearing for appeals.

State chief information commissioner Vilas Patil said, "Only the state government can put down these rules. In the absence of a prescribed procedure, there is no uniformity as far as hearing of appeals under the RTI is concerned in the state. The appeals are being heard and disposed of as deemed fit by the various commissions." This lack of proper rules could have serious implications as the appeals decided and the decisions pronounced by the state information commission in the absence of such prescribed procedure run the risk of not having legal and constitutional validity.

Advocate V T Gokhale, convener of Citizens' Group for RTI Awareness, said, "They may be treated as bad in law. They thus suffer from a serious legal infirmity. This has the potential of giving rise to a serious crisis if someone files a writ in court, challenging the lack of rules, and the court decides in favour of the petitioner. The appeals heard and decisions given by the commission may be struck down."

Stating that he had brought the issue to the notice of the chief minister, Gokhale said, "The rules have not been drafted despite the fact that almost five years have passed since the law was enacted. This shows the apathy of the government towards bringing in more transparency in legal procedures." Interestingly, he pointed, during last 5 years, the state government has all along been headed by a Chief Minister of a party which is in power at the centre.
He added that the Centre laid down the procedure for appeals in October 2005 and The central ministry of personnel, public grievances and pensions (department of personnel and training) has made the rules ie, Central Information Commission (Appeal Procedure) Rules 2005 vide notification dated October 28, 2005 and the central information commission decides appeals according to them.

"It is obligatory on the part of the commission to decide the appeals according to the procedure as may be prescribed. Conversely, the state information commission cannot decide the appeals without the mandatory rules. So, the state information commissioners should not have started its quasi judicial function of deciding the appeals without the prescribed procedure in place."

Gokhale said the rules have not been made despite the fact that almost 5 years have passed ever since the law has been enacted. This is a manifestation of the apathy towards the transparency law of a government of a state which proclaims it self to be one of the most progressive states and has just celebrated Golden Jubilee of its existence. Interestingly, he pointed, during last 5 years, the state government has all along been headed by a Chief Minister of a party which is in power at the centre.

He also pointed, "The Central government has already laid down the procedure for appeals in October 2005. The Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Government of India has made the rules viz. Central Information Commission (Appeal Procedure) Rules 2005 vide notification dated October 28, 2005. and the Central Information Commission decides appeal according to these rules." 

The Times of India, 7 February, 2011, http://timesofindia.indiatimes.com/city/mumbai/5-yrs-on-no-appeal-procedure-rule-for-RTI/articleshow/7439587.cms


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