Respected Experts,
Please do guide me with the following issue;
1. That, I have filed a R.T.I application before PIO of one of the municipalities here in the state of Kerala. That the Municipality as per their administrative convenience appointed as much as PIOs and APIOS as per their requirements in various units and sections. That the said application is initially presented before the main office of the Municipality PIO, who is a P.A. to the Secretary of Municipality and the Secretary is an Appellate Authority under the R.T.I Act. That, the said PIO referred the application to another PIO who looks after one of units or section of Municipality.
2. Hence I wish to explain some of the relevant facts of the RTI Application in which information is sought after; I have strong anticipation as a result of the particular circumstances of the issue in which,this application may be disposed off, it could be a reply of any sort of form, i.e. incorrect information, falls information, misleading information or rejection of application under any of reasons due to peculiar and a complex situations. Facts are as below;
3. That I have filed a complaint against a Health Inspector of a Municipality for not sanctioning a D&O license application (shop license) That the Health Inspector bent up on to reject my application for reasons best known to him, in spite of submission of all due relevant documents.
4. That I have later approached Higher authority i.e. Health Supervisor of the department and made a written complaint against the subordinate officer but all in vain with number of reminder on the complaint. Later I have brought the matter before the Chief of the Municipality i.e. the Secretary of Municipality, but no actions were taken on my complaints. In the meanwhile Health Supervisor sanctioned the said license.
5. That having gone through the trauma for one and months time along with all other affliction that I have decided to seek information about those complaints and actions by forwarding a petition under the RTI, seeking substantial information, precisely 56 questions which are in the form of seeking information based on records available with the Municipality, which includes mandatory assets disclosure of all these three officials including the Secretary who is a Gazetted Officer class B group.
6. That the issue is that the RTI application contains various demands of information against all these officers, which includes my complaints against Health Inspector first and number of information sought based on submission of relevant documents apart from mandatory disclosure of all these three officers assets and their family and many more. Hence the PIO being P.A to Secretary of Municipality would be quite hesitant to disclose all this number of questions, apart from that PIO also referred the said application to APIO who is Health Inspector against whom this complaint were lodged or this APIO could be Health Supervisor against whom similar complaint was lodged. Therefore there is good amount of possibility that the application of my RTI would face good amount of bureaucratic tactics in respect of disclosure.
7. Hence I want to know from the respective experts to share any other alternative ways to make them bound to deliver true and correct information on said application? Do I need to write an intimation letter to the PIO of the Municipality that my RTI application is essentially seeking much information which includes complaints against the Secretary of the Municipality, Health Supervisor (presently APIO) and Health Inspector? Transferring the said application back to Health Supervisor who happens to be the section PIO of that department would not be correct position of law, particularly when the initial complaint is lodged against the same officer against whom the present R.T.I application is all about. Moreover the my RTI application is addressed to PIO of the Municipality to furnish details, records and all other information. Thus placing intimation before the delivery of information with the PIO about these facts on record may make them aware to deliver correct information. Thus it would be easier to get correct information. That the present P.I.O is officially a subordinate to the Secretary and Secretary is appointed as the Appellate Authority as per RTI rules. Therefore there is good amount of chance that the RTI applicant would not get true and correct information as a result of this official combination. That, the applicant till now has sought information against only on these three officials but the applicant would be forced take up on PIO in case the PIO do not deliver true and correct information. Further the PIO remanding the RTI application to PIO i.e. Health Supervisor for information, in this case that the act of MAIN PIO IS not only good in law due to the very own complaints which were lodged against the PIO for IGNORING complaints of RTI applicant. That the same issue were brought to the kind attention of the Secretary to the Municipality for prompt action against errant officials, were continued to be ignored. Thus looking at the official hierarchy PIO being subordinate to the Secretary of Municipality (First Appellate Authority) would certainly hesitant to disclose the desired information. In this way present facts and circumstances about the official hierarchy of these public servants are going to be a stumbling block in delivering the correct information. This particular application under RTI is going to be delivered against the spirit of RTI objects and its laws in the event of supply of incorrect information which is bad in procedure apart from principals of law. Therefore I wish to know from your side at this point of time and before the time limit of 30 days gets over for delivery of information (Date of RTI application submitted on 1-1-15) that what are the best ways of initiatives we could prepare to ensure our interest. Whether placing an intimation letter on record in this regards before the PIO would yield any correct step requesting him to take back the application from the APIO and entrust with an officer who is above the level of the Municipal Secretary or hand it over to his appointing authority in order to deliver true and correct information. Else in the case of wrong information by the present PIO after an incorrect reply will have to add him as a fourth official and fight before the second appellate authority, i.e. State Information Commission, which is loss of time and energy.
Therefore, humbly request you to guide me that what could be the best middle path in the interest of Justice at this initial point of time.
I am sorry for the lengthy descripttion.
Thanking you Experts.
