Punjab Information Commission Takes Strong Stance Against Official Negligence in RTI Cases
The Punjab State Information Commission has issued a stern warning to government officials, expressing strong displeasure over their failure to provide information under the Right to Information Act. In a significant order, the commission has directed that departmental proceedings be initiated if official records are found missing, and criminal action be taken if records are intentionally misplaced.
Case Background: Persistent Information Denial
The directions were issued by State Information Commissioner Dr. Bhupinder Batth while hearing an appeal filed by a resident of Nawanshahr. The appellant had sought information from the Block Development and Panchayat Officer (BDPO) of Nawanshahr block, with the application pending since September 28, 2023.
During previous proceedings, the BDPO was directed to appear personally before the commission. However, the appellant submitted that complete information was still not provided. At the last hearing, the panchayat secretary appeared on behalf of the respondent and sought additional time.
Commission's Observations on Official Negligence
The commission noted several concerning aspects during the hearing:
- The appellant inspected records as directed but still did not receive complete information
- Copies of bills sought through the RTI application were not supplied
- The respondent claimed the demanded bills were not available in official records
- The BDPO failed to appear despite clear directions and did not file any reply
On perusal of the case file, the commission noted that the information sought by the appellant remained incomplete. The commission observed complete negligence and laxity on the part of the public authority in dealing with the RTI application.
Violation of RTI Act's Spirit
The commission emphasized that such conduct reflects disregard for the Right to Information Act, 2005, which was enacted to ensure transparency and effective public access to information. Describing the respondent's approach as "casual and callous", the commission stated that this behavior was against the spirit of the RTI Act.
The commission added that such conduct by a government servant deserves strong condemnation, noting that such employees need to be taught a good lesson so that the rest of the workforce receives the right message about discharging their duties under the RTI Act.
Final Opportunity with Strict Conditions
In the interest of justice, the commission granted one last opportunity to the BDPO of Nawanshahr to:
- Appear personally at the next hearing
- Provide complete information OR furnish an affidavit explaining the status of records
The commission's order clearly states: "If the record is missing, departmental proceedings need to be held, and if it is intentionally misplaced, criminal action is to be taken."
Next Steps and Consequences
Both parties have been directed to appear in person at the next hearing scheduled for April 28, 2026. The commission warned that failure to appear would result in the matter being decided on merit, ex parte.
This case highlights the ongoing challenges in implementing the RTI Act effectively and the commission's determination to ensure accountability and transparency in governance through strong measures against negligent officials.
