MP: Arrest warrant against Chief Medical Health Officer for repeated violation of RTI Act

Bhopal: In a rare move, the Madhya Pradesh Information Commission has issued a bailable warrant against the chief medical and health officer of Burhanpur and summoned the Commissioner of Directorate of Health Services to appear before it ''in person'' over their continued disregard and non-compliance of its decision.

The order by Information Commissioner Rahul Singh came while hearing an appeal filed by Dinesh Sadashiv Sonwane, a resident of Burhanpur -- over 300 km from here.

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Sonwane had filed an RTI application on August 10, 2017, with Public Information Officer (PIO) Dr Vikram Singh, CMHO, Burhanpur. On receiving no response from the PIO, the appellant filed a first appeal where the first appellate officer (FAO) in his decision dated October 7, 2017, had directed the PIO to provide the information.

Thereafter, the appellant, aggrieved by the inaction of the PIO, had filed a second appeal with the State Information Commission (SIC) on March 22, 2018.

The SIC issued numerous summons between 2018 and February this year to appear before it for the appeal proceedings. The PIO failed to attend any proceedings or produce any document in compliance with the summons without providing any justifiable reasons or lawful excuse, said an order issued on Monday by Singh.

The SIC, in its decision dated December 16, 2020, had directed the PIO to provide the information to the appellant and imposed a penalty of Rs 25,000 on him for denial of information without any reasonable cause. Further, the SIC had reported to the commissioner health, who is the concerned disciplinary authority, to take necessary appropriate action for recovery of imposed penalty amount against the PIO, incase he fails to deposit it within one month from the date of receipt of the order.

''On observing non-compliance of the penalty order, the SIC, yet again, issued an order on February 10, 2021 directing the PIO to deposit the penalty amount. However, the PIO continued to ignore and defy the order of the SIC, which clearly reflects his intention to avoid compliance of the order of the SIC,'' Singh said in his order. In the order dated February 10, 2021, the SIC had, yet again, reported to the commissioner health to take action for recovery of imposed penalty against the PIO, it said.

However, till today, the recovery of imposed penalty against the PIO is yet to be ensured, the order said.

The SIC observes that the PIO has intentionally disregarded the Commission's decision and ''is in violation of the provisions contained therein the Right to Information Act, 2005 (RTI Act) and M P Right to Information (Fees and Appeal) Rules, 2005'', it said.

According to Rule 8(6)(i) of the MP Right to Information (Fees and Appeal) Rules, 2005, the PIO has been mandated to deposit the imposed penalty with the SIC within one month of the receipt of the penalty order.

The SIC observes that the conduct and demeanour of the PIO and the commissioner health clearly reflects apathetic disregard of the law passed by Parliament for creating transparent and accountable governance, the order said.

The SIC hereby issues a bailable warrant against PIO Singh, chief medical and health officer, Burhanpur to be present in person before the Commission explaining reasons for the continued non-compliance of its orders and ensure that the imposed penalty is deposited with the Commission within 15 days of receipt of this order, it said.

''The SIC hereby summons Directorate of Health Services Akash Tripathi to explain as to why the SIC should not report to the disciplinary authority of the Commissioner, Directorate of Health Services, to initiate disciplinary proceedings against him for not only violating Rule 8 (6) (iii) and Rule 8 (4) of the MP Right to Information (Fees and Appeal) Rules 2005 and Section 19 (7) of RTI Act 2005 but also the civil service conduct rules,'' the order said.

The SIC directed Directorate of Health Services Tripathi ''to recover the imposed penalty from PIO Singh'' and deposit it with the Commission within 15 days of receipt of this order, and initiate disciplinary proceedings against him, it said.

''It must be noted that failure to comply with the above directions, the SIC will be compelled to exercise powers as are vested in a civil court by virtue of Section 18(3)(f) of the RTI Act to compel your personal appearance before the SIC,'' the order said.

It is ''disheartening and disappointing'' to see officers, who are responsible and obligated towards citizens under the RTI Act, are actively neglecting, violating, and obstructing the operation of the RTI Act, which is part of the Fundamental Right to Freedom of Speech and Expression under Article 19 (1) of the Constitution of India, it said.

The SIC, as a statutory body established to promote and uphold the letter and spirit of the RTI Act, cannot remain a mute spectator to such blatant repeated violation of the RTI Act, the order said.

''If such violations are not addressed properly, it will create a mockery of the law and institutions established to uphold the law,'' it added.

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