DoPT gains some sanity?

Friday, July 10, 2009
DoPT regains some sanity – asks all Ministries to disclose file notings under RTI Act
Well, the threat of strong action under the Indian Penal Code by the Central Information Commission (CIC) against two officers of the DoPT has had the desired effect. DoPT has officially issued a circular to all Ministries and Departments that file notings have to be disclosed under the RTI Act.

The action came against the backdrop of serious vacillation on the part of the DoPT to correct contents of its website wherein it was stated that ‘file notings’ were not a part of the definition of ‘information’ under the RTI Act. Despite various decisions by the Central Information Commission declaring file notings disclosable under the Act, the DoPT did not amend the web material. In fact, even in the face of specific directions to remove the offending portion from its portal, the department failed to act in the matter fully knowing that as per the RTI Act, CIC decisions are binding on public authorities.

Some officers suggest that disclosure of file notings and minute sheets would lay open to scrutiny their decisions in tough public matters, not realising that transparency is much more important in public life than secrecy of identity. Moreover, officers taking decision as per law with proper application of mind have nothing to be afraid of. File notings have an important role to play in public administration – it is these notings which bring to light the logic or reasons behind administrative decisions and matters of public policy, it is these notings which disclose whether a particular public authority acted in a bonafide manner or was misled into taking a particular action by someone in the channel leading to the particular final policy decision. File notings also assist Hon’ble Courts of Law under the writ jurisdiction since the rationale and motives behind objectives sought to be achieved through public policies and decisions are disclosed and laid bare, which is good for any democracy, especially where public servants (masters ?) tend to hide behind a thick veil of official secrecy.
Posted by Navdeep / Maj Navdeep Singh at 5:08 AM
Ministry of Personnel, Grievances and Pensions

As reported by Aloke Tikku and Chetan Chauhan in timesofindia.indiatimes.com on 29 December 2008:
Why babus won?t reveal file notings- Hindustan Times
In a move that can strike a dent to the purpose of Right to Information Act (RTI) in the country, bureaucracy is averse to reveal official file notings that contain the discussions on the subject under consideration before the government.

The bureaucracy points to the instructions from the Department of Personnel and Training (DoPT) — which comes directly under the Prime Minister — to keep the file notings under wraps. This decision will have a negative impact on the RTI purpose. Because making official notings public would have helped fix the trail of responsibility and accountability within the government.

The bureaucracy had tried to draw an iron curtain over this part of the file. The government, however, hasn't given up. A DoPT circular on April 10, 2008 noted CIC rulings that file notings was an integral part of a file and should be disclosed. “Applications seeking copies of the file notings may be disposed of as per clarification given on the website,” the circular issued by DoPT deputy secretary, Zoya CB, said.

Exasperated CIC Wajahat Habibullah said: “The DoPT view is illegal according to the RTI Act.” He told HT that the commission has asked DoPT to remove illegal definition of information from DoPT website.

DoPT's website had defined the information as all information except file notings. All Central government ministries had been following DoPT's version of information, and thereby denying file notings.

Habibullah said if the DoPT fails to comply with its direction, a penal action could be taken against the government official responsible for complying with the order.

On the DoPT’s order to different Central government ministries that file notings are not be provided unless the CIC issues a specific order, Habibullah said the issues will be resolved once the DoPT corrects its definition of information on its website.
Dept of Personnel and Training violating RTI Act: CIC

Tail Piece
Bureaucrats are white shepherds guarding the black sheep. Bureaucratic and Political terrorists are more dangerous than foreign terrorists who strike randomly whereas the former destroy our own social fabric slowly and surely.