IT News
Imphal, Mar 18:
The Manipur Information Commission (MIC) expressed serious concerns over the non-existence of SPIO (State Public Information Officer) in the Manipur Police department.
In its ruling in connection with the information sought by one Thokchom Suraj Singh to provide him details of the departmental promotion of Sub-inspector to the post of Inspector, the MIC observed that information sought by the person in connection has not been provided even after filling of FIRs appellant and there has been an unabated delay of providing information after the matter was reached to the MIC.
“The commission is of the view that the prolong hearing in the present case is due to the absence of a full-fledged SPIO in the police department”, the final hearing held on March 10, 2021, observed. The judgment was announced yesterday the 17th March 2021.
The Manipur Police department has designated one State Assistant Public Information Officer (SAPIO), the purpose of the Right to Information Act, 2005, is not served as the SPIO have limitation in providing information sought by a citizen.
Indeed, the Manipur Police department has been exempted from the purview of the RTI Act 2005, as per a notification by the Department of Personnel & Administrative Reforms (Administrative Reform Division), Government of Manipur, information pertaining to Human Rights violations and corruption is excluded under the subsection (4) of section 24 of the RTI Act 2005.
And case taken up by the Commission in connection with the appeal by one Thokchom Suraj Singh is related to alleged rampant corruption or favoritism to the departmental promotion of Sub-inspector to the post of Inspector.
Thokchom Suraj Singh, S/o Late Th. Subol Singh of Kwakeithel Tiddim Ground, near Police Outpost, Imphal West District, P.S. Singjamei & P.O. Imphal filed an RTI application on 19th October 2019 to the SPIO/ Special Secretary (Home), Govt. of Manipur, seeking information under section 6 (1) of the RTI Act, 2005 on 12 points in connection with the departmental promotion of Sub-Inspector to the post of Inspectors, Manipur Police held in 2017 and 2019. However, the SPIO/ Home did not furnish any information to the appellant within the mandated period of 30 days.
Being aggrieved by the action of SPIO/ Home, he filed 1st appeal on 25th Nov. 2019 to the FAA/ Commissioner (Home), Govt. of Manipur, under Section 19 (1) of the RTI Act, 2005. The FAA/ Home also did not furnish any information to the appellant within the stipulated time as provided under the said Act.
Lastly, he filed 2nd appeal on 8th January 2020 before the Commission under Section 19 (3) of the RTI Act, 2005, as a last resort.
Information furnished to the commission by the SPIO has not been satisfactory to the appellant, and prayer for penal action under Section 20(2) of the RTI Act, 2005 for the delay in providing information as well as for providing misinformation cannot be taken up as the Under the RTI Act, 2005, the Commission has no extraordinary power to interpret the constitutionality of a gazette notification, whether it is applicable only in the public authority run by the Government of Manipur or the MPSC, which is a constitutional body and also has no jurisdiction to judge the marking system of a DPC conducted by the MPSC in association with the Manipur Police and the Home Department.
The Commission, under the RTI Act, 2005, has no right to interfere in evaluating the President’s Police medal for gallantry, Manipur Chief Minister’s medal for gallantry, Manipur Chief Minister’s medals for outstanding service and good service marks, etc.
In exercise of its power under Section 19 (8) (a) (ii) of the RTI Act, 2005, the Commission hereby appoints the present SAPIO/ SP, DG Control Room as the new SPIO of the Police Department. This arrangement will continue till the Police Department appoints its regular SPIO. The Commission further advised the DGP, Manipur Police to allow either ADGP (RTI) or IGP (RTI) to function as FAA of the Manipur Police Department.
The Commission is of the view that successive Chief Secretaries, despite holding the charge of Home Department, had turned a blind eye on the absence of a regular SPIO in the Police Department. Such behaviour and attitude would defeat the very aim and spirit of the RTI, 2005 enacted by the parliament to bring transparency and accountability in governance. Send a copy of this order to the Chief Secretary, Manipur, to ensure all government departments appoint SPIO and FAA in adherence to the RTI Act, 2005.
For the appellant, the Commission advice them to approach the higher court for the issue he raised.
