Negligible realization/recovery of penalty imposed on PIOs by UPSIC

e-Memorandum

To,
1- Smt Pratibha Patil
Hon.ble the President of India
New Delhi

2-Sri Manmohan Singh
Hon.ble the Prime Minister of India
New Delhi

3-Sri B. L. Joshi
Hon.ble The Governor of Uttar Pradesh
Lucknow - Uttar Pradesh

4-Km. Mayawati
Hon.ble The Chief Minister of Uttar Pradesh
Lucknow - Uttar Pradesh

Sub. : Negligible realization/recovery of penalty imposed on PIOs by UPSIC

Hon.ble Madam / Sir ,

Uttar Pradesh State Information Commission entered the sixth year of
functioning on 22-03-2011 . Even after five complete years of its
working , there are no serious & effective efforts by any of the
stakeholders of RTI regime in the state to ensure realization/recovery
of penalty imposed on PIOs by UPSIC .

Uttar Pradesh State Information Commission rarely pronounce
penalty orders and almost negligible realization of penalty amount
from the PIOs is causing a death-blow to the RTI act in Uttar Pradesh
.

The situation has led to almost defunct RTI system in the state and
there is no fear in the minds of the erring PIOs . They are fearless
w.r.t. RTI act 2005 and not only are violating the act but going
scot-free also.

As per the records of the Administrative Reforms Department ( The
Nodal Department for RTI implementation in the State ) ,the UPSIC has
slapped a total fine of Rs 53,63,500 since it started functioning till
February 2011 but the actual realization/recovery
is as low as Rs 62,500 . In Mathematical approximation it comes as
1.165 % or let say a little more than one percent.

Perhaps nothing can be more shameful than this , that too when on one
hand we have one SCIC of the stature of Election Commissioner , 9 SICs
of the statures of Chief Secretaries of the States and on the other
hand we have a State Level Committee ( Constituted with the single
objective of monitoring the final penalty orders of UPSIC , vide G.O.
no. 882/43-2-2008-15/2(3)/07 TC-III Lucknow dated 07 July 2008 ) which
comprises the chief Secretary of U.P. as its chairperson , Principal
Secretary - Administrative Reforms Department as its member secretary
, Principal Secretary - law Department as member , Principal
Secretary - Karmik Department as member , Principal Secretary -
secretariate administration Department as member & Secretary UPSIC as
its member.

God forbid , if even they are unable to realize the penalty money then
who else in state is empowered enough to do the job ? Clearly this
shows a nexus among the UPSIC , the erring PIOs and all the officials
as discussed above , which is deliverately betraying the people of
Uttar Pradesh and strangling the RTI act in Uttar Pradesh.

This has raised doubts in the minds of RTI activists on lawful ,
impartial and as per spirit of the RTI act functioning of RTI
machinery in Uttar Pradesh.

RTI activists have every reason to smell a rat under the carpet and
raise their query as to why the most important work of realization of
penalty orders of UPSIC is not being done ?

So , on behalf of RTI activists of the state , I am sending this
e-memorandum to you all to initiate an enquiry in this matter of
greatest mass-concern and take necessary steps to get the pending
penalty orders of UPSIC implemented within three months and also to
device a system of immediate realization of further penalty amount
from the salary of the erring PIO.

I hope that your personal attention shall render justice to millions
in Uttar Pradesh that shall go a long way off in strengthening the RTI
movement in Uttar Pradesh.

In the last , but not the least , I request you all to provide us (
the RTI Activists of Uttar Pradesh ) a bit of your valuable time for a
personal meeting to discuss the matter at length .

Best Regards .

Date : 05-06-2011

Urvashi Sharma
Social Worker & RTI Activist
F-2376 ( First Floor )
Rajajipuram - Lucknow
Uttar Pradesh - 226017
M- 9369613513 , 8081898081