KATHMANDU, NOVEMBER 3
The National Information Commission has penalised executive director and office in-charge at Pashupati Area Development Trust Ghanashyam Khatiwada with a fine of Rs 15,000 pursuant to Section 32 (1) of the Right to Information Act 2007, for denying information of public concern to the information-seeker.
As per the act, if the NIC finds that the chief of a public body or information officer has held back information without valid reason, refused to inform or provided partial or wrong information or destroyed information; it may impose a fine ranging from Rs 1,000 to Rs 25,000 on such chief or information officer.
A press release issued by the NIC today said its bench had decided to penalise Khatiwada on Sunday, while also directing him to provide information sought by petitioner Bal Bahadur Pradhan of Jhapa.
Khatiwada had initiated action against the petitioner for allegedly moving the NIC instead of providing him information as per the initial directive of the RTI watchdog. Petitioner Pradhan had recently submitted an application to the PADT, requesting information of public concern as per the constitution and Section 3 (1) of the act. After Khatiwada refused to provide information, Pradhan moved the NIC. In response, the NIC sought clarification from Khatiwada as to why Pradhan was denied his right to information.
However, his clarification was not satisfactory.
In his clarification, Khatiwada claimed that he could not provide information to Pradhan as the PADT had yet to appoint an information office and that the post of member-secretary was still lying vacant. "Khatiwada seemed to escape from the obligation and duty to provide information citing lack of information at the PADT. Even if an information officer has not been designated by a public body, its chief will be responsible for providing information on request," read the release.
Thirteen years after the implementation of the act, some government offices have yet to appoint information officers.
Earlier, the NIC had directed all the public bodies to make the provision of information officers for dissemination of information to citizens, as per their request. It stressed the need for information officers in each public body to implement the legal and constitutional provisions on right to information of citizens.
It stipulates the provision of an information officer in each government body for dissemination of information.
In the absence of information officer, the office in-charge will be responsible for providing information. The constitution has also recognised the right of citizens to demand and obtain information held by public bodies regarding matters of public concern.
Although majority of public bodies have information officers, they often refuse to provide information to citizens upon their request. The NIC said it had received 1,013 complaints against public bodies for their refusal to provide information in the fiscal 2019-20.
It penalised 24 officials for their failure to implement its directives regarding the dissemination of information during the period.
A version of this article appears in the print on November 4, 2021, of The Himalayan Times.
