MIC directs all Govt Depts to name SPIOs
Source: The Sangai Express
Imphal, March 19 2021:
Lashing out at the Manipur Police Department for not appointing a State Public Information Officer (SPIO) as directed earlier, the Manipur Information Commission (MIC) has directed all Government Departments to appoint SPIOs in adherence with the RTI Act, 2005 .
The Manipur Information Commission (MIC) gave the direction while it was hearing an appeal filed by one Thokchom Suraj Singh against SPIO/Special Secretary (Home), Government of Manipur as one of the respondents.
The appeal case was filed with the MIC alleging the information he sought through Right To Information (RTI) application regarding departmental promotion of Sub-Inspectors to the post of Inspectors, Manipur Police (held in 2017 and 2019) were not furnished within the mandated period of 30 days.
While hearing the case on March 10, the MIC said, "The Commission is of the view that successive Chief Secretaries, despite holding the charge of Home Department, had turned a blind eye on the absence of a regular SPIO in the Police Department.
Such behaviour and attitude would defeat the very aim and spirit of the RTI, 2005 enacted by the Parliament to bring transparency and accountability in governance" .
It then directed all Departments to appoint SPIOs and FAAs in adherence to the RTI Act, 2005 .
The Commission noted that the main objective of the RTI Act 2005 is provide information to the citizens and to bring transparency and accountability in the functioning of the Government.
The Commission, however is unhappy with the conduct of the Manipur Police Department for not performing their bounden duties to designate any public authority in the Department as the State Public Information Officer (SPIO) despite the direction given this Commission on February 2, 2020 in another case.
The prolonged hearing in the present case is due to the absence of a full fledged SPIO in the Police Department although the Department has designated one State Assistant Public Information Officer (SAPIO) .
Even though the Manipur Police Department is exempted from the purview of the RTI Act 2005, as notified by the Department of Personnel and Administrative Reforms (Administrative reforms Division), information pertaining to allegations of corruption and human rights violation shall not be excluded by the exemption.
The Police Department has to furnish information as raised by the citizens on the allegations of corruption and human rights violation, said the MIC.
The Commission then appointed present SAPIO/SP, DG, Control Room as the new SPIO of the Police Department and this arrangement will continue till a regular SPIO is appointed.
The Commission further advised the Director General of Police to allow either ADGP (RTI) or IGP (RTI) to function as FAA (First Appellate Authority) of the Manipur Police Department.
Regarding the appeal case, the MIC after hearing both sides, observed that the Manipur Police had already given reasonable apology verbally and also in writing with a remark regretting the delay in providing the information in the belated stage of hearing due to other official duties of the public authority.
While advising the appellant to approach a higher Court for an issue he raised in a written rejoinder, the Commission closed the appeal case as the appellant has received the information sought from the public authority.
Earlier regarding the appeal case and the rejoinder the appellant filed, the MIC had observed that under the RTI Act, 2005, the Commission has no extraordinary power to interpret the Constitutionality of a gazette notification and holds no jurisdiction to judge the marking system of a DPC conducted by the MPSC in association with the Manipur Police and Home Department.
The Commission, under the RTI Act, 2005, has no right to interfere in evaluating the President's Police Medal for gallantry, Manipur Chief Minister's Medals for outstanding services and good service marks etc.
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