A Case Study on the Implementation of RTI

A Case Study on the Implementation of RTI Act in Ministry of Human Resource Development prepared by Devendra Kumar Singh

Annual Programme on Improving Transparency and Accountability in government through effective Implementation of Right to Information Act Department of Personnel and Training Ministry of Personnel, Public Grievances and Pensions Government of India

DOPT RTI INTERNSHIP PROGRAMME q For the ministries and departments in the Government of India q Helps in consolidating and documenting its experience in the implementation of RTI, its successes, constraints in implementation q Suggest what more needs to be done to help achieve the objectives of the Act.

SUMMER INTERNSHIP PROGRAMME 2018 q Analyze a sample of the RTI applications received in the calendar years 2017 and 2018 q Study the applications received by 5 to 10 CPIOs within MHRD, which receive the maximum applications. q Identify the areas which need more attention and make recommendations.

METHODOLOGY q Template I covers the preliminary analysis of the MHRD q Includes details of training of CPIOs, use of RTIMIS, information about updating of suo motu disclosure, penalty imposed upon CPIOs or the disciplinary proceedings recommended by CIC q Detailed study of the status of suo motu disclosure by the MHRD

METHODOLOGY (CONTD…) q Random selection of RTI applications received by each of the allotted CPIOs of MHRD in calendar years 2017 and 2018 q Analysis on Template II to get an overall picture of the applications randomly selected q In-depth study of the information sought in these applications and the response by the CPIOs

ANALYSIS OF RTI APPLICATIONS q 180 RTI applications randomly selected (20 each received by 9 CPIOs) q Analyzed using Template II q Identified the areas which needed more attention

ANALYSIS OF RTI APPLICATIONS: OBSERVATIONS q Non-uniformity in acceptance of Fee q Non-deposit of Indian Postal Order q Not mentioning details of FAAs in RTI replies q Not disposing Online RTI applications in time

OBSERVATIONS : NON-UNIFORMITY IN ACCEPTANCE OF FEE q No uniformity in acceptance or rejection of an IPO worth Rs. 10 in favour of “Public Information Officer, MHRD” as fee payable under RTI Act. q Some CPIOs insist that the IPO should necessarily be sent in favour of “Pay & Account Officer, MHRD” and return the RTI requests for want of valid fee q Other CPIOs accept the RTI requests even if the IPO are not in favour of “Pay & Account Officer, MHRD”

NON-UNIFORMITY IN ACCEPTANCE OFF EE : EXAMPLES q In IS-14 Section, 13 out of 20 RTI applications (S. No. 68 to 80) were returned to the applicants because the fee was not in favour of “Pay & Account Officer, MHRD”. q In Skt. Section of MHRD, 4 out of 20 RTI applications (S. No. 101, 111, 119, 120) were returned to the applicants because the fee was not in favour of “Pay & Account Officer, MHRD”. q In DL Section of MHRD, in 4 out of 20 RTI applications (S. No. 21, 35, 36, 39), the fee was not in favour of “Pay & Account Officer, MHRD”. Yet, the information sought was provided and the applicant was asked to re-submit the fee. q In CU-V Section of MHRD, in 9 out of 20 randomly selected RTI applications (S. No. 46 -51, 53, 54, 57) either the fee was not in favour of “Pay & Account Officer, MHRD” or was not of right denomination. Even then, the information sought was provided to the applicant.

OBSERVATIONS : NON DEPOSIT OF INDIAN POSTAL ORDER q In CU-V Section of MHRD q IPOs were found kept in files along with the RTI applications q Neither returned to the applicant nor deposited in bank account

OBSERVATIONS : NOT MENTIONING DETAILS OF FAAS IN RTI REPLIES q In Language Section, the replies to 4 out of 20 RTI applications (S. No. 81 -83, 91) did not contain details of FAAs. There was no First Appellate Authority in Language section since December 2017 till August 2018. q In IS-14 Section, the replies to 7 out of 20 RTI applications (S. No. 61 -67) did not contain details of FAAs.

OBSERVATIONS : NOT DISPOSING IN TIME ONLINE RTI APPLICATIONS q In Skt. Section of MHRD q RTI applications forwarded through RTI-MIS were not checked on a regular basis q Results in delay in disposing the online RTI applications.

NOT DISPOSING IN TIME ONLINER TI APPLICATIONS : EXAMPLES S. No. RTI Registration Number Delay in RTI Reply 105 DOHED/R/2017/54461 8 months delay 108 DOHED/R/2017/51045/4 5 months delay 109 DOHED/R/2017/50500/4 6 months delay 115 DOHED/R/2017/50241 7 months delay 116 DOHED/R/2017/52044 2 months delay 117 DOHED/R/2017/54695 8 months delay

ANALYSIS OF RTI APPLICATIONS: RECOMMENDATIONS 1. 2. 3. 4. All the CPIOs should take uniform action on the RTI applications, received with IPOs not in favour of “Pay & Account Officer, MHRD”. Indian Postal Orders should either be deposited in the bank account or returned to the RTI applicant, but in no case kept in the files. Replies to RTI applications must necessarily mention the details of First Appellate Authority. RTI applications forwarded to different sections of MHRD through RTI-MIS must be disposed off in time.

Suo Motu Disclosure by Ministry of Human Resource Development

SUO MOTU DISCLOSURE UNDER RTI ACT Obligation of the Public Authority under Section 4(1)(b) of the RTI Act q Publish information under 17 -points and thereafter update these publications every year. q Section 4(2) of the Act says – q “It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of 4(1)(b) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. ”

SUO MOTU DISCLOSURE BY MHRD The quantity of Information displayed q Adequate quantity of information displayed on the MHRD website q Disclosure by both the departments of MHRD, viz. Department of Higher Education and Department of School Education and Literacy The information under 17 categories as mandated in section 4(1)(b) of the RTI Act is published on the website.

SUO MOTU DISCLOSURE BY MHRD (CONTD…) The quality of such information displayed q The quality of information is NOT up to the mark. q Many of the sections of MHRD have given information only about the CPIOs details. q The organization chart given on the website http: //mhrd. gov. in/rti_he is outdated.

SUO MOTU DISCLOSURE BY MHRD (CONTD…) Whether the information displayed is regularly updated q The information is NOT regularly updated. q Section 4(1)(b) of the RTI Act mandates yearly updation of suo motu disclosures.

SUO MOTU DISCLOSURE BY MHRD (CONTD…) Responsibility of ensuring adequate quality and quantity of suo motu disclosure q Distributed responsibility of ensuring the quality and quantity of the suo motu disclosure to the respective sections of MHRD. q For compliance, several memorandums from Do. PT and CIC have been forwarded to the respective sections, but a very few comply.

SUO MOTU DISCLOSURE BY MHRD (CONTD…) Problems being faced by MHRD in making suo motu disclosure q Most of the sections are overburdened with their routine work. q Time constraint, unwillingness and lack of clarity are the main hindrances.

Thank you !