National RTI Awards

Maximum complaints against UP Information Commissioners

UP Information Commission tops the chart in terms of public dissatisfaction. UP Governor received 107 complaints and UP Chief Minister received 140 complaints against its Information Commissioners, most of the complainants demanding their removal.

An RTI query was filed with all Chief Ministers, state governors, PMO, DOPT and President’s Secretariat asking for copies of all complaints received against Information Commissioners and action taken thereupon. The President received 14 complaints since RTI Act became effective. TN, Uttarakhand and Haryana Governors received five, four and seven complaints respectively, however, those in HP and most North Eastern states received none.

The complaints have been filed by citizens against various Information Commissions complaining either about their misbehaviour or to the illegality of their orders.

What action was taken on these complaints? The President and most governors routinely forward these complaints to the government. The governments either sit on it or seek explanation from respective commissioner. Obviously the commissioner would defend his actions. The complaint is then merely filed.

The Act says that a commissioner can be removed by the President or Governor if on an enquiry by the Supreme Court, the charges of misbehaviour or incapacity were proved. However, these complaints are not even being forwarded by the President or Governors to the Supreme Court. Instead, they are being forwarded to the government causing direct conflict of interest.

The Governments may opt to proceed against an inconvenient commissioner. They could also keep others on their toes by keeping action on complaints against them hanging.

This is already happening in UP. Complaints against former Chief Information Commissioner Justice M A Khan were forwarded to the Supreme Court. Pending enquiries by Supreme Court, the chief commissioner was suspended. It is intriguing why the balance hundreds of complaints received by Governor or CM have not been similarly forwarded to Supreme Court for enquiry.

Interestingly, whereas Governors of most other states have provided copies of these complaints, UP Governor’s office has refused to provide them quoting some sections of RTI Act.

Section 27 requires each government to make rules to implement the provisions of RTI Act. However, neither the states nor central governments have made any rules on how such complaints would be dealt with. Till then, the survival of any commissioner would be hostage to the governments whose transparency they are required to ensure.