Annexure-CXXIV Tahsil & Block 30th August, 2006

Monitoring & Reporting Note ( Annual Report 2006 - 2007 )

RTI IN THE FIELD

DHARCHULA TAHSIL & BLOCK LEVEL OFFICES :

O Dharchula is yet another farthest tahsil cum block office from the state headquarters, its northern border running along the Indo-China ( Autonomous Region - TAR ) border and the eastern along the Kali delineating the Indo- international border. Munsyari ad Dharchula have similar problems, Dharchula’s getting more accentuated due to lack of progress on Ghatiabagar-Lipulekh road ( tangled with the elephant corridor forest –clearance of Doiwala railway yard dump of the Armed Forces). An extremely unfortunate state of affairs indeed, now particularly with the TAR region now having received regular rail connection with Lhasa ( June, 2006 ) and an excellent road connectivity all along the trans- Himalayan region, right up to Gartok. Last year this regions’ cup of woe was spilled with the ban of import of goats and sheep, animals used as the pack-animals for the border peoples’ trade. This Quarantine embroglio involving the Agriculture Ministry ( Animal Husbandry Commissioner ) insistence on check-up of all live animals coming from the other side of the border but not responding to the arrangements they were expected to make with the help of the state authorities has shown official apathy to this all important border-trade. These burning issues were obviously reflected in the Monitoring and Review meeting taken by the CIC, in block the conference room.

2. Presence of public representatives invariably leads to a changed methodology of Monitoring and Review as then the speaker or reviewer has to ( and she/he must ) tailor it to suit their interests. Before we cover the review proceedings, the SDM’s attendance of public officials present may be seen to assess the potential of effective disposal of RTI applications at the field, in this case sub-district/tahsil/block headquarters level.

POSITION OF APIOs AND PIOs : DHARCHULA Sr Name Designation/Department APIO PIO 1 2 3 4 5 1. Shushil Kumar Sub Divisional Officer Yes Ex En, 2. Jeewanti Joshi Nagat Panchayat Yes 3. Chandra Prabha Rayapa CDPO Yes 4. Tulsi Budiyal ADO(Coop) Yes 5. Daulat Singh Fakliyal Block Education Officer Yes 6. Ashok Kumar Misra Dy BEO ? ? 7. S.D. Bhatt Eduation Deptt, SSA ? ? 8. Ishwar Singh Jalagam (AD, Jalagam, ) ? 9. Chandra Singh Dhami Ass Insp (Ag) ? ? 10. Kamlesh Kumar Manager, Jalagam ? ? 11. S.K.Yadav Sr Manager, NHPC Yes (Vijay Gupta, Co Secy, Faridabad ) 12. Dr. Lalit Joshi i/c MO Medi & Health Yes CMO, Pithoragarh 13. Dr. Pathak PHC, Dharchula ? ? 14. D.S. Bisht Industries departmemt ? ? 15. S.S.Bonal Supdt. Prod, KVIB ? ? 16. Manish Mittal Ex Eng,UJVNL,Dharchula Yes 17. M.K.Pathak UJVNL ? ? 18.Umesh Chandra Bhatt OA III, UJVNL ? ? 19. Nand Kishore Sharma Jr Eng, Jal Nigam ? ? 20. C.M. Chaubyal Jal Sanstahan ? ? 21. H.R.Arya ADO ( Forest ) Yes ? 22. K.L. Pangtey ADO( Ag ) Yes ? 23. Madan Singh Nabiyal Range Officer ? ? 24. Prakash Ch Joshi Jr. Eng., RES ? ? 25. Vidya Sagar ADO(Pan) &SW Yes ? 26.Santosh Ram Nagnyal Gram Panch Vik Adhi Yes Pradhan 27. Dhani Ram Chanyal Dy Treasurer Yes ? 28. Kiran Kumar Acctt, Treasury ? ? 29. Sundar Singh Daryal GPVA Yes Pradhan 30. Lalit Singh Gwal GPVA Yes Pradhan 31. Mohan Singh Kathait GPVA Yes Pradhan 32. Dayaram Arya I/c Gas, KMVN Yes 33. Dr Ajit Pratap Singh VO Yes 34. S.R. Arya Tahsildar Yes 35. Bhure Singh Nagar Panchayat, Dharchula Yes ? 36. L.S.Paliwal Block Development Officer Yes 37. Sampurnanand Gairola Inspector, Police Station Yes C.O. 38. Sub Divisionsl Magistrate Yes 3. The above list included only one public authority which was under the jurisdiction of the Central Information Commission, in so far as applicability of the RTI Act was concerned. These remarks have been filed up by the participants themselves and the District Magistrate and the Local District Level Heads ( district level officers ) should check up the status and confirm the same to the District Magistrate and Secretary, Uttaranchal Information Commission, Dehra Dun. From the question marks placed it would be apparent that many a block or tehsil level officials (i) are not aware of their exact status, whether they have a role of ASPIO or not, (ii) who their ASPIOs are, (iii) who are the PIOs and at what level, (iv) is position of APIOs and PIOs are known then who are the Departmental Appellate Authorities ( DAA), as al of them ought to know about them; and finally there are many public officials who could and should be given either the role of ASPIOs or whose status could be easily upgraded to that of PIO, to make the RTI really effective. District Magistrates and the SDMs should reflect up on the situation seriously and communicate their views to the concerned Public Authority, usually the Director General or the Director of the concerned Directorate. Principal Secretary, General Administration Department, the Nodal Department for the RTI Act, should continuously review the position of APIOs, PIOs and DAA, directorate –wise and ensure that a Consolidate Statement of the APIOs, PIOs and DAAs is available at all offices as well as on the internet, state portal and updated as frequently as possible. The Office of the Commissioners, Colletors and the CDOs must have Compemdiums of all departments of the State, of all tiers of administration; from the State Secretariat to the Gram Panchayats.

4. After the introductory welcome of the Sub Divisional Magistrate ( SDM ), stating the objective of the Monitoring and Supervisory nature of the review, public representatives were requested to address the gathering their view-points. Sri Pradumna Garbyal, a senior public representative of Dharchula, dwelt at the various problems the local citizens and traders have been facing and how he along with others have taken delegation to the state headquarters and New , without much avail. He in particular stressed on the following local issues:

(i) Changes in the import policy i.e. inclusion of certain additional items of import from Tibet with reference to the Indo-China Trade, (ii) Restrictions imposed on import of sheep and goats ( quarantine restrictions ) leading to avoidable hardships and loss of margins and incomes , (iii) Opening of Kailash Yatra for common people, (iv) Inordinately long delay in completion of Ghatiabagar - Lipulekh and - roads, (v) Prolonged vacancies of teaching staff persisting with the Baluakot Degree College and Baluakot Ashram Type Schools ( ATS ), (vi) Lack of Transparency in implementation of the Askot Sanctuary Livelihood project and non-involvement of Panchayati raj institutions or local institutions, (vii) Lack of effective action notwithstanding various Delegation and money spent on these Delegations.

5. CIC after explaining the background of some of the issues raised by Sri Garbyal mentioned that the provisions contained in the RTI Act can be effectively used both for obtaining up to date position with regard to each of the issue highlighted by him. Now, the International Trade and Tourism Officer, whose post has been created some time back by the government, has not been filled up properly along with other posts and Mr. Garbyal could have applied for all informations relating to the Indo Tibetan Trade and Kailash Yatra by using the PIO of that office; which apparently has not been nominated by the Industries department, the Nodal department for this particular office. A copy of this Note should now be sent by the District Magistrate Pithoragarh to the Principal Secretary, Industries to immediately nominate a ASPIO and PIO for this office so that local people can seek all related information about the Trade and the Kailash Yatra. Secretary, UIC should also send this note to Secretary, Industries and ask as to why a ASPIO and PIO has not been nominated for such an important public office ? Mr. Garbyal could also have put a question on the Quarantine issue and as to what the Industries and Animal Husbandry are doing about it ? Based on the information received Mr. Garbyal could have asked Parliament or State Assembly Questions. The money the local people have spent on taking big delegations to the various dignitaries in the Centre and the State apparently have not borne any fruits and also resulted in such huge expenditures on the part of local border people, who are also poor people belonging to the Scheduled Tribes. Sri Garbyal and other representatives were able to appreciate as to how the provisions of the RTI could be used by them in redressing local and all long pending issues and problems. CIC explained that it is exactly the lack of pro-active action, and even re-action on being apprised of a problem, from the public servants who are directly responsible for addressing all genuine problems of the people, that this important Act has been enacted.

6. Using the case studies provided by the problems raised by Sri. Garbyal the CIC explained about the number of public authorities the state has, the APIOs and PIOs and the Departmental Appeal Authorities each public authority has to nominate, the Notice Boards the APIOs and the PIOs have been asked to display prominently where they have their office and the nine type of Formats the PIOs and APIOs are now required to have as per the GO issued by the Chief Secretary on 22nd December , 2006. Providing a copy of the Uttaranchal Update, brought out by the Uttaranchal Information Commission, consisting of all GOs, minutes, Formats etc etc issued in the state till 18th April, 2006, to the SDM, Dharchula CIC suggested that those officers which have not received the abovementioned GO may copy the same from this Update as it has also been included between pages 144 to 152, including the 10 Annexures for all offices and PIOs and APIOs. During the discussion which ensued on these 10 formats Sri Sampurnanand Gairola, the SHO, Dharchula Kotwali showed to the CIC the ten formats which have now been kept at the Police Station. Commending the action taken by the district police, CIC informed that this year 18 major public authorities have been selected for intensive Monitoring by the UIC, as per provision contained in section 25 of the RTI Act, and the action taken by the Police Department is a demonstration of how the public authorities are now gearing themselves to face up the challenges of operationalization thrown up by the Act. All APIOs and PIOs were advised to do like-wise. The other 17 major public authorities were also spelt out by the CIC.

7. On one participant raising the issue of organizations under the central government the CIC pointed out that the APIO of the National Thermal Power Corporation ( NHPC) was present in the review meeting. Sri Yadav, Senior Manager, informed that he is the APIO for NHPC, the PIO is the Company Secretary, Sri Vijay Gupta who sits at the Company headquarters at Faridabad and the Departmental Appellate Authority is the Director (Personnel) of the Company, Sri Chaturvedi. If any one is not satisfied with the information ultimately furnished through the intervention of Sri Chaturvedi the appellant will have to move the Central Information Commission, at Delhi, presided over by Sri Wajahat Habibullah. Thus, all the Ministries and Departments of the Government of or the Public Organizations, Corporations constituted under the Ministries or even the Commissions come under the purview of the Central Information Commission, whereas those of the Government of Uttaranchal, under the purview of the Uttaranchal Information Commission. All three branches of governance, the Judiciary, the Legislature and the Executive are covered by the provisions of the Act and all of them have notified their respective APIOs, PIOs and DAAs. Like the NHPC, a central undertaking and a public authority, all offices of the Central Government located within the state of Uttaranchal will have an office of APIO as well as , in a large number of cases, even PIOs, some even DAA. The exact details about each of them can be had from the office of the APIOs or the PIOs. The CIC explained that all citizens of India, which includes all government servants present in the review meeting, were eligible to exercise this important right wef 12th October, 2005.

8. Sri Harish Rautela, another senior and eminent public representative of Dharchula, made the following suggestions: (i) in view of Dharchula being a very remote place of the state a Common Public Information Office with a full time APIO or a PIO should be sanctioned, as it would be very difficult for a poor man to find out the right public office and the APIO or PIO, (ii) as the various public offices were also required to suo moto keep information in 16 Manuals, as provided by section 16 of the Act, such an independent office with a APIO would be quite handy for a combined display and this would save a lot of time of the public, (iii) for a common man it would not be possible to report against a public office which is not complying with the provisions of the RTI Act and such an office could be helpful in complaining against a defaulting APIO or PIO, (iv) there are complaints relating to short-changing of food-grain stocks of Mid Day Meals scheme by as much as 5 kg per bag, out of 50 kg per bag and complaints relating to the quality of food-grains, (v) then there are complaints relating to no compensation being paid by forest officials in the cases of loss of life and crops by wild animals, although Forest department itself should be publishing such a list itself, and (vi) Forest department and other departments should themselves publish such lists and for such information there should be no need to apply under the Act at all ..

9. Thanking Sri Harish Rautela for bringing up the issue of suo moto declaration by all public authorities and highlighting many local problems, CIC disclosed that the right to “information” here meant right to even inspect and ask for samples as well and any one can move an application for such inspection where the complaints of short-weighment or quality of food was in question. The applicant could suggest that he or she will arrive at a particular shop or school where the food-grains under Mid Day Meals are stored and the same could be opened in the presence of the PIO and concerned parties. Sample testing cost, like the reprography cost will have to be borne by the applicant, and he or she could be informed about such costs by the PIO in advance. CIC admitted that the suo moto declaration by all public authorities is not only below the level of satisfaction, as required by section 4 of the Act but also way behind the time table ( these should have been ready by 12th October, 2005 !) . He informed that participants that the public authorities have been repeatedly stressed by the Commission to bring it to the desired level and the Commission has taken this up on itself, using the provisions of section 25 of the Act, to certify whether this compliance is up to the mark or not. There is a perceptible change now and till he left Dehra Dun as many as 20 public authorities have prepared the master copies of the 16 Manuals and they have been asked to multiply them, both in hard and soft copy, and make them available to the lowest level where they have a PIO. The public authorities have at long last realized its importance the remaining work has picked up pace. UIC is following up with all Directorates through a monthly review system. Soon defaulters may even be called up on to explain delay which is mounting daily !.

10. Once all public authorities have satisfactorily met the norms set by the Commission the number of application would come down very significantly, as most of the information would be voluntarily on public display. The issues of quantity supplied, flow of food-grains from the go-downs to the various points of consumptions, random quality checks undertaken by the supervising authorities responsible for the quality of food-grains supplied by the Civil Supplies department down to the primary schools where the MDM is cooked and stored would be volunteered periodically by the District Supply Officers; Forest department would keep information of crops and humans destroyed by wild animals, compensations paid for the same et would be voluntarily kept by the Forest department, Division and Range –wise and there may not be a need to apply for such information. In the meanwhile, CIC suggested that Sri Rautela may seek information in the manner prescribed.

11. As regard an independent APIO office for all departments at one place, including the display of all Manuals belonging to all public authorities ( 55 public authorities ! ), while agreeing with the spirit of the suggestion CIC informed that every PIO is expected, under section 6(3) to function like the one he has suggested for entire Dharchula Tahsil. CIC mentioned that while each and every PIO is expected to pass on an application, if wrongly sent to it to the right PIO, as provided in section 6(3) of the Act to begin with at least the offices of the Tahsildar Dharchula and BDO Dharchula should start receiving all applications, irrespective of whether it relates to them or not. CIC informed that as CIC office itself is a PIO, UIC has started providing this facility to all comers. This means that any application meant for a PIO located in Dehra Dun and under the jurisdiction of UIC can be deposited with the application fee, and many applicants are making full use of this facility. Drawing attention of all participants towards Annexure 7 of the Chief Secretary’s GO of 22nd March, 2006, reproduced at page 150 of Uttaranchal Update, CIC appealed that APIOs and PIOs may kindly ensure that no application is returned back to an applicant, if it is found that it does not elate to them, but TRANSFER it to the right PIO, UNDER INIMATION TO THE APPLICANT.

12. CIC said he hoped that such an arrangement in the long run, and Tahsil and Block to begin with in Dharchula, would more than meet the requirement aired by Sri Rautela. It is all the more important not to throw the entire burden of such transfers to one PIO or APIO as in the long run every department, every PIO, will have to own its own responsibility and once the 16 Manuals start appearing on the scene ( half of them to be periodically up-dated, one viz Manual 5 running into many parts ( being all Manuals, Acts, Rules, Regulations etc ) are to be kept with each PIO, this would not suffice to concentrate the arrangement with a single APIO or PIO. Best course would be to make every public authority, every PIO responsible for the tasks assigned to them, especially the various ramifications involved, suo moto display, realizing cost of reprography, inspections of files, record room etc . CIC suggested further that not only this but UIC is trying to mainstream the RTI culture in each department’s Departmental Manual, by addition of a chapter to the existing one. Thus, the MGO, the mother of all Manuals will have an additional chapter and so will the Forest Manual, Excise Manual, and so on. Mainstreaming of the RTI Act and its spirit into all departmental manuals will be the ultimate goal of the Uttaranchal Information Commission,

13. Coming back to access of facilities provided under the RTI Act CIC pointed out that for any kind of complaint viz. lack of preparedness, action or manifest misdemeanor on the part of any APIO or PIO or the public authority a citizen can directly complain to the Commission by letter or fax on which the Commission takes action against the recalcitrant APIO or PIO or the public authority under section 18 and if the recalcitrant individual fails to rectify the shortcoming or complaint such a failure is also punishable under section 20 of the Act,

14. CIC also clarified to the participant that the PIOs are expected to furnish information as soon as possible and the maximum limit of 30 days have been provided where information is not readily furnishable or file(s) have to be traced or obtained from elsewhere etc and wherever the matters reaches the Commission the records are examined to ensure whether the information has been furnished at the earliest possible day or not, accounting for every day taken by the PIO; obviously it all depends upon the type of information which is being requested; in cases which involve matters of life and individual’s security applied for information has to be provided within 48 hours,

15. CIC ending his field - monitoring and review exercise, with explanations on the Third Party procedure, matters covering under section 8 and 9, need for better file management and record-keeping, issues which may be under investigation or sub-judice. CIC also highlighted that RTI’s reach of access goes back to 20 years from the date of application, therefore, all the departments have to work over-time to ensure that the expectations which have been raised through its notification should be met more than half-way; as, CIC explained, that RTI Act is perhaps the only statute ever enacted in Indian juridical history, which talks of its implementation both in letter and spirit. While the letter part may be technically fulfilled by all the public authorities it is the UIC which has to ensure that the public authorities do implement it in the spirit it has been notified and brought about in a democratic India.

RS Tolia Chief Information Commissioner, UIC Uttaranchal Information Commission