1 year on, SIC's call for CB-CID investigation remains unheard

Neha Shukla, TNN | Nov 12, 2013, 03.07 AM IST

http://timesofindia.indiatimes.com/city/lucknow/1-year-on-SICs-call-for-CB-CID-investigation-remains-unheard/articleshow/25608457.cms

LUCKNOW: In another low for the RTI Act in UP, State Information Commission's order for a CB-CID probe to establish the veracity of one of the GOs has gone without effect. Administrative Reforms Department (ARD), to which the order was directed, has been debating for the last one year whether SIC is within its powers to order a CB-CID probe or not. The case is listed for hearing at the commission, yet again, on Tuesday.

The matter is about two GOs issued by ARD under similar file number (no-882/43-2-2008-15/2(3)/07 TC-III) on July 3 and 7, 2008 respectively. ARD says GO dated July 7, 2008 is genuine, but the one issued on July 3, 2008 is "wrong and fabricated" as it has not been "undersigned" by any government official. The applicant, Salim Baig, on the contrary, said he got the two GOs through a query made under the Right to Information Act. The GOs concern the state-level committee constituted under the provisions of the RTI Act, to regularly review the orders passed by SIC and fine imposed by it on erring departments.

After ARD failed to explain how two GOs can be issued under same file number but under different dates, SIC, on January 23, 2012, ordered a CB-CID probe in the matter. However, more than a year later, ARD could not obtain the opinion of the law department on the case, leave alone acting on it.

Though it also sought the permission of chief minister to act on SIC order, it fails to explain why it did not act to find out which of the two GOs is right.

The controversy lies with the para-2 of the GO dated July 3, 2008, that reads - "state level committee will go for monthly/quarterly review of the orders passed/fine imposed." The GO dated July 7, 2008 has the para missing. While, on one hand, ARD said it could be a typing error that para-2 was omitted, it maintained that July 3, 2008 order was fabricated.

It is noteworthy that between 2008 and 2011, the state-level committee did not meet even once to review RTI cases.

As a result, between 2007 and February 2011, though SIC imposed Rs 1.89 crore as fine on public information officers of government departments in 827 cases, it realized only Rs 3.39 lakh from 18 officials.