The Central Information Commission has directed the NGT to amend its RTI rules and not charge more than Rs two per page for providing photocopies of documents sought under the transparency law even as it recommended disciplinary action against its Assistant Registrar for rejecting such applications.
Information Commissioner Sridhar Acharyulu also directed the National Green Tribunal to train all its officers to understand and implement the RTI Act, saying it will prevail over all other legislations as per the Section 22 and Section 8(2) of the Act.
The case related to one Girish Mohan Gupta who sought from the NGT a copy of its order dated January 19, 2015 by which it banned parking of cars on tarred roads in Delhi and wanted to know if this rule was binding on Delhi Traffic.
The NGT had refused to furnish information, saying it cannot be provided unless the appellant impleaded himself as a party to case.
"They also contended that the applicants shall pay Rs 20 as basic fee and Rs five per page of the order as per NGT Rules, and refused to give copies at Rs two per page according to RTI Act and Rules.
"According to RTI Act and Rules, the public authority cannot charge more than the cost of the copying documents, which is fixed at Rs two per page," Acharyulu noted in the order.
Citing statement of the Central Public Information Officer of NGT, Acharyulu said several RTI applications are coming up for copies of documents including judgements and inspection of files etc, which the Registrar General and Assistant Registrar are refusing as they are not parties to cases or demanding more fee.
The Commission also issued a show cause notice to NGT Assistant Registrar S S Mishra considering him deemed Public Information Officer who, it said, was found obstructing the delivery of information, refusing to follow the process prescribed under RTI Act and also recommend disciplinary action against him for repeated breach of RTI Act.
"As per the powers under Section 19(8) RTI Act, the
Commission requires the public authority to amend their practice of denying access to non-parties, charging fees higher than prescribed under RTI Rules, and directs not to charge more than Rs two per page for copy of the document sought under RTI Act," it said.
Acharyulu directed the NGT to train all its officers to understand and implement the RTI Act, which will prevail over all other legislations as per Section 22 and Section 8(2) of the Act, as they cannot refuse the information or inspection on the pretext that appellant is not party to the case before NGT, they also cannot insist the applicants to implead as parties for copies or inspection.
"This is a legal obligation of public authority under Section 4(1)(b) of RTI Act, 2005, which cannot be ignored anymore.
"As the initial period allowed to implement this provision was over long ago, the Commission directs the public authority to alter the rules regarding fee for furnishing documents under Sections three and four to seven of RTI Act, not charging more than Rs two per page, immediately," he said.
