'PIOs can't misuse past orders to block RTI pleas'

Ahmedabad: The Gujarat Information Commission (GIC) has issued a sharp warning to Public Information Officers (PIOs) and First Appellate Authorities (FAAs) across the state, cautioning them against misinterpreting specific past orders to restrict citizens' fundamental right to information.

GIC on Tuesday issued a press release in which it stressed that "such misinterpretations undermine the very spirit of the Right To Information (RTI) Act, 2005," which it calls "a weapon for bringing transparency and accountability in public administration".

Jaydeep Dwivedi, secretary of GIC, highlighted a concerning trend. The GIC noted that some PIOs have been inaccurately applying past orders, which were issued in "certain specific cases of citizens" and "setting limits on the number of applications made in a calendar year by some applicants who make a large number of applications". These specific orders, according to the GIC, were "designed to manage potential misuse".

The commission explicitly stated, "These orders apply solely and exclusively to the concerned applicant. These orders do not directly apply to other applicants, nor do they grant authority to any other PIOs or FAAs in the state to apply them in cases of other applicants."

While acknowledging that some applicants make "excessive/disproportionate use of the ‘right to information'," which can lead to "unnecessary and disproportionate consumption of time for PIOs... and disproportionate use of public authority resources," thereby delaying "genuine applicants", GIC emphasized "the delicate balance".

"This means that a past order concerning a particular individual's RTI frequency, for example, cannot be used as a blanket reason to reject another citizen's legitimate information request," says Pankti Jog of Mahiti Adhikar Gujarat Pehel.

The GIC issued a caution: "If any inappropriate or arbitrary interpretation is found in this regard hereafter, the commission will be compelled to initiate all necessary actions, including disciplinary proceedings, against the concerned officer." Amit Patel, an applicant from Khumbhariya area in Danta, told TOI, "A March 12 order issued from the PIO of a govt trust rejected my application as it limited my total applications to12 per year, with maximum five points per application."