RTI in Nagaland: ‘Departments still dawdling info requests’

When peons represent empty offices for RTI 

Dimapur, Jan. 4: Many of the government departments in Nagaland apparently dawdle unnecessarily when it comes to responding to request for information from citizens applying through the Right to Information (RTI). The delay in responding to RTI applications seem to be becoming a “trend” a local activist group lamented in a press release to the media on Wednesday.

The organisation, the Nagaland Public Rights Awareness and Action Forum (NPRAAF), stated in its press release that RTI applications should be treated with seriousness as it was a Fundamental Right under the constitution of India.

The NPRAAF listed out elaborate instances that allegedly pointed to apathy or carelessness of the departments in either responding to or furnishing information sought by citizens.

“Delay in RTI, response becoming a trend,” the organisation stated. It informed to have applied for information through the RTI on November 4, 2016, from the department of Land Resource, the Rural department of Development, the department of Health & Family Welfare, and the departments of Power and Education.

“…but no department has replied the RTI on time,” the group stated. On the 21st of December as well, the members of the NPRAAF inquired about the reasons for the delay ‘by personally reaching all respective office to ascertain the reason.’

In the light of it, the press release stated, the director of School Education and the chief engineer of the Power department “apologized for the delay.” The organisation said the departments sought “some more time” to be able to respond. There was no official communication from the Rural Department and Land Resource, the press release stated.

Further, the directorate of Health & Family Welfare was stated to have communicated to the NPRAAF that the department had “transferred the RTI application” on November 10, 2016, to the State Program Officer and the public information officer of the (NHM), and Program Officer and PIO (RCH).

“NPRAAF seeks to know as to when the two concerned PIO’s received the letter from its parent department and the reason for inordinate delay in its reply to the RTI. Delay in furnishing RTI application is liable under Sec 20 (1) of RTI act of 2005, with a fine of Rs 250 each day till the information is furnished,” the organisation reminded.

The penalty has to be paid by the public information officer from their salary and not by the public authority. Further, it will entail disciplinary action under Section 20 (2) as per service rules, the press release suggested.

Citing another from among other instances as was explained in the press release, the NPRAAF referred to the Rural Development Department. The organisation applied for information through the RTI from the department of Rural Development on November 4, 2016.

‘However, there was not even a single staffer in the office except the office peon. Therefore, on behalf of the department, the office peon acknowledged the RTI application of NPRAAF with signature,’ the press release explained.

Alleging that the department had delayed its reply and without official communication, the NPRAAF said to have called the public information officer on the 21st of December, 2016, to inquire about the reason for delay.

“The PIO who was in Dimapur asked the NPRAAF to collect the RTI reply the same day itself from its directorate office (at) Kohima. However, when NPRAAF officials reached office to collect the same at around 12 PM there was no one in the office,” the organisation alleged.

MGNREGA funds to state
Here, the organisation stated, the NPRAAF had specifically asked Rural Development department about fund utilisation of the sanction from the Ministry of Rural Development dated July 9 that released 5356.56 lakh to the state government of Nagaland.

It was a central assistance as part of the first tranche and the account payment of part-1 quarter of the central assistance for implementation of the MGNREGA for financial year 2014-2015.

Land Resource funds to state
Likewise, the organisation said to have asked the Land Resource department about the utilization of the ‘sanction’ from the Ministry of Rural Department to Nagaland on September 3 2015 releasing Rs 27.00 crore as first instalment of funds for the year 2015-16.

It was for implementation of the IWMP project under the watershed component of the Pradhen Mantri Krishi Sinchayee Yojana (PMKSY) in Nagaland state, the NPRAAF stated.

Politicians’, ‘non-locals’ and businessmen nexus
Further, the organisation stated that the primary reason why ‘ground execution of works’ in the state are ‘highly undesirable’ is that non-local businessman are ‘involved in corruption in complicity with the department officials and politicians.’

According to the press release, the NPRAAF uses the RTI to ‘specifically take names’ seeking information about “some non-locals businessman executing contract works / supplies in all the said departments…”

This includes the nature of their contracts with the departments “in break up with their names/firms or any works executed even by obtaining power of attorneys or otherwise with the amount sanctioned in lakhs against each person, firms or otherwise for execution of works in break-up form.”

The NPRAAF stated to have come to learn that most of the non-local businessman are “involves in corruption in complicity with the department officials and politicians and thereby ground execution of the works are highly undesirable or virtually non-existent.”

Here, the NPRAAF stated that it will not “tolerate corruption compromising the Nagas interest” by “few non-locals.” The organisation will strive to “streamline all unholy activities taking place for long in the departments at the expense of public treasury to ensure the rights of the people are not systematically deprived,” the press release stated.

Further, it stated, the names of the non-local contractors will be “divulged in due course of time if warrants.”

The NPRAAF has assured that it will initiate action “as deem fit democratically and as per the law in the event the concerned departments fails to adhere to RTI act, and will simultaneously write to all the respective ministry at the centre with NPRAAF findings with corroborated evidences of nexus between the non-local contractors, officials and politicians.”

In such an eventuality, the press release stated, the ‘NPRAAF shall not be held responsible for further flow of funds in the departments from the centre as its not in the best of Nagas interest to allow corruption in the departments without accountability’.