Transport dept officials fined for flouting RTI Act

In a lesson to those violating the RTI Act, Justice B P Dharmadhikari of the Nagpur bench of Bombay high court, has imposed a fine of Rs 2,000 each on deputy and joint transport commissioners, Maharashtra, for not giving the information asked for under the RTI Act 2005 within the stipulated 30-day period.

The HC has sent a clear message that it is mandatory for the public information officers (PIOs) to supply information to the applicants in any case within 30 days of the receipt of the application or else the information must be supplied free of cost.

Tushar Mandlekar, secretary of the International Society for Road Transport and Safety (ISRTS), on July 24, 2009, had sought information from deputy transport commissioner Bhalchandra, Mumbai, regarding illegalities in registration of imported vehicles in the state.

The PIO did not reply in 30 days as required under Section 7 (1) of the RTI Act. A first appeal was made before the appellate authority Satish Sahashrabuddhe, joint transport commissioner. Sahashrabuddhe rejected Mandlekar's appeal citing a letter issued to him asking him to deposit Rs 3,310 towards papers. Mandlekar never received the letter.

Aggrieved by the order of joint transport commissioner passed on January 7, 2010, the petitioner went in for second appeal under section 19 (3) of RTI Act to the state information commissioner Vilas Patil. Patil also rejected the appeal of the petitioner on June 28, 2010. Patil decided the case in favour of the PIO and directed the petitioner to pay an amount of Rs 3,310 as demanded by the PIO.

According to the petitioner, it is necessary for the PIO to furnish the necessary information to the applicant in any case within 30 days of the application as stipulated in Section 7(1) of the Act. As the demand letter was posted on 31st day, the petitioner was entitled to get the information free of cost as per Section 7 (6) of the RTI Act.

The court accepted the argument of the petitioner. It set aside the decision of the state information commissioner and directed the respondents to give information to the applicant free of cost. The HC pulled up the transport officials for not adhering to the provisions of the Act and also imposed a cost of Rs 2,000 each on Bhalchandra and Sahasrabuddhe directing them to pay this amount to the petitioner.

"The ruling will give relief to the common man who is being harassed by the information officers by not supplying information in the stipulated 30-day period," Mandlekar said.