The question of good governance has been making rounds in the country and our State for quite some time. Good governance does not mean governance without corruption only; there is much to the idea. Take the case of Right to Information. The thinking has been that individuals should have the right to know how they are governed, what is being done for the development of society and in what way. The departments are required to provide information about their functioning. Consequently the RTI Act came into being laying down the guidelines for the departments how they have to react to it. Section 4 (I) (b) of the Act provides that every public authority has to publish within 120 days from the commencement of Act different information pertaining to the organization including its Functions, Duties, Rules, Regulations, Instructions, Manuals and Records and norms set for discharge of its function etc. This seems a very pious piece of legislation that would provide transparency to the administrative system.
In the context of good governance, the Government constituted the State Information Commission also with the intention of monitoring the implementation of the Act. These measures were duly publicized and people began to think that the State was actually heading towards good governance. The people were told that they would be provided with all the information about any matter or case if they approached the concerned departments. The departments were supposed to create their websites and to publish everything that pertained to their function.
On close examination, it is found that despite instructions from the General Administrative Department issued from time to time, very scant attention has been paid to the Act. The State Information Commission brought to the notice of the departments at various times that they had not complied with the provisions of the Act and that it was necessary to do so. But its repeated reminders did not make any impact on the departments. Apart from instructions from the GAD, it was brought to the notice of the Chief Secretary in the meeting of the Committee of Secretaries that the departments were not responding to the requirements of the RTI.
Four years have passed when RTI was enacted. Its implementation remains a distant dream. Even those few departments which have opened their websites have not posted all the information that is expected to be posted there. It shows that the departments are doing shady things which they are not willing to disclose for fear of public criticism. It is unfortunate that the administration itself is trying to scuttle the steps that would increase the credibility of the Government. The State Information Commission is at a loss to convince people that it has a role in improving the administration of the State. The very purpose of enacting the Right to Information Act seems to be defeated.
Earlier also, we had raised the question that when the departments fail to comply with the instructions of the GAD in matters of administration, does it not mean dereliction of duty on the part of the head of the department concerned and those who work under his supervision. Why does not the Government take administrative action against the defaulters? What is the use of calling meetings, raising issues, taking decisions and issuing fresh instructions to the departments when none of the instructions is complied with? Here is a clear case of obstructing the policy of the Government and creating conditions in which the decisions of the Government are made ineffective. Let us not forget that there is Services Act also which clearly states that punitive action will be taken against the Government functionary who is found failing to render the services he is expected to perform. The case of defaulting secretaries in the matter of non compliance of the RTI Act should be dealt with according to the clauses of Services Act. Once that is done, it will help in a big way to overcome the negative attitude of the defaulting departments. The Chief Minister should impress upon the senior echelons of the administration that any attempt of creating obstructions in the smooth functioning of the administrative machinery will not be tolerated.
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