A Dent Made in the Right to Information Act â 2005!

No one can deny that the Right to Information Act, 2005, enacted by the Indian Parliament is a boon to the Indian citizens, who are driven from pillar to post in search of their much wanted information either personal or touching in the interests of general public welfare.

Each State Government has also enacted its own right to information act or rules for effectively implementing the underlying principles of the right to information act, enacted by the Government of India.

Though this act largely benefits the literate people especially those who are more vigilant and have awareness, it facilitates the successful functioning of a democracy like India, by providing its citizens their much sought after information from the Government sector as well as various the public sector organizations. Another salient feature of the act is that it has made provisions for due compliance and response to a petitioner by an organization and on their failure to provide information, the citizen can prefer an appeal to the next higher authority, who has power to punish his subordinate for his dereliction of duty for his failure to provide the information sought by a petitioner within the stipulated time.

But generally in such cases, all is well when everything goes well. But when things go wrong and awry somewhere else, the trouble brews and the entire system gets affected and even the very purpose of enacting legislation is put to acid test.

In Punjab University, the Right to Information Act has been subjected to an ordeal that has been hitherto unknown in the entire history of the Punjab University.

There has been a talk of heavy corruption going on in the premises of the Punjab University, particularly in the student hostel. There has been a rumor prevailing in the University campus that the funds collected from the students staying in the hostel, the fine amount collected from them etc, are not properly accounted to and they go to the coffers of some individual persons.

Finally, a student doing his masters in law in the Punjab University came forward to bell the cat and he has preferred a complaint to the Punjab University under the provisions of the Right to Information Act, 2005, seeking the particulars of the amount collected from the students staying in the hostels as well as the fine amount collected from them for a particular period. He also has paid the requisite fee of Rs 50/- along with his application, vide Appendix D, Rule 5(1) of the Punjab Right to information Rules, 2005.

But his application has created a furor in the university and it seemed that the vested interests in the Punjab University have been offended by the application preferred by the student. Responding to the application preferred by the student, they have sent a reply, demanding from him a huge sum of Rs 12, 00,200/- for providing Xerox copies of the information he has sought for.

It is the contention of the student that he has preferred only a few simple questions in his application that require only simple answers from the University authorities; whereas the university authorities have contended that the information sought for by the student runs into more than 6,00,000 pages and so he has to necessarily make a payment of the amount of Rs 12, 00,200/- so as to get the relevant information that he has sought for.

Even though there are alternatives for providing voluminous information in the form of a floppy or a CD, or in the alternative, the applicant may even be permitted to have a look at the relevant records by paying fees on hourly basis, the Punjab University authorities have chosen a circuitous route of making him a heavy payment for the alleged reason of providing Xerox copies running into as many as 6,00,000 pages.It was nothing but their bid to scuttle the attempt of the student who has preferred the application. How can a student pay as much as Rs 12,00.200/- for a simple application seeking information on simple accounts of what had happened in the Punjab University hostel during a particular period? Adding fuel to the raging fire, the Punjab University authorities even exert pressure on the student to pay the huge amount stating that they had already begun taking Xerox copies of the information sought for by the student.

In the appendix D, rule 4 of the Punjab Right to information Rules, 2005 as to deposit of fees, for providing copies of information, specifically and clearly states that the applicant who has sought for the information should deposit the amount within 15 days from the date of the order and on the applicant’s failure to make payment within the stipulated period, his application will be filed considering as if the applicant was no longer interested in pursuing his application. In the case of the applicant, it is a highly debatable question why the relevant provisions of rule 4, permitting the student 15 days time to deposit the amount was not followed; how did they proceed to embark upon such a huge venture without getting the requisite deposit from the petitioner? How could they pressurize him to pay such a heavy sum without following the relevant rules for deposit? It was a clear case of harassment of the student by the Punjab University authorities, just because he has preferred an application under the Right to Information Act, 2005.

There is something fishy about the Punjab University on the information sought for by the student.That is why the vested interests have started harassing the student who has legitimately preferred an application under the Right to Information Act, 2005. However, all this mudslinging has clearly make a dent on the Right to Information Act, driving the people to lose their confidence in the effectiveness of the Act.

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