State Information Commission of Rajasthan

State Information Commission of Rajasthan

• Establishment: The State Information Commission was established on 18th April 2006 under Section 15 of the Right to Information Act (RTI), 2005. Its office is located in Jaipur.
• Statutory Body: The Commission is a statutory body, meaning it was created by an act of law (RTI Act).

Important Appointments:

• First Chief Information Commissioner: M.D. Korani
• Other Former Chief Information Commissioners:
  1. M.D. Kaurani
  2. T. Srinivasan
  3. Suresh Choudhary
• Current Chief Information Commissioner: Shri D.B. Gupta (appointed in December 2020)
• Present Members:
  1. Rajendra Prasad Barwad
  2. Laxman Singh Rathod
  3. Narayan Barehath
  4. Sheetal Dhankar

Structure:

• Chairman and Members: The Commission consists of 1 Chairman and up to 10 Members.
• Information Commissioners: Members are selected for their expertise in various fields like law, science, technology, social service, and journalism.

Appointment Process:

• Appointment Authority: The Governor appoints the Chief Information Commissioner and other Information Commissioners based on the recommendation of a committee.
• Committee Members:
  1. Chief Minister (Chairperson)
  2. Leader of the Opposition in the State Assembly
  3. Cabinet Minister nominated by the Chief Minister

Tenure and Removal:

• Tenure: The tenure is determined as per provisions of the Right to Information (Amendment) Act, 2019.
• Removal Grounds: The Chief Information Commissioner and Information Commissioners can be removed by the Governor for the following reasons:
  • Supreme Court Inquiry: For misconduct or incapacity after an inquiry by the Supreme Court.
  • Direct Removal: For reasons like insolvency, moral turpitude, office of profit, or physical/mental incapacity.

Powers and Functions of the State Information Commission:

Ensuring Implementation of the RTI Act:

• The Commission ensures proper implementation of the RTI Act by giving the following directions to public authorities:
  1. Providing Information as requested.
  2. Appointing State Public Information Officers (PIOs).
  3. Improving Record Management for proper data maintenance and disposal.
  4. Training employees on the RTI Act and how to handle requests.
  5. Submitting Annual Reports related to RTI queries.

Appellate Powers:

• The Commission hears appeals against decisions made by the First Appellate Officer within public authorities under Section 19(8) of the RTI Act.

Penal Powers:

• The Commission has the authority to impose a fine of Rs. 250 per day up to a maximum of Rs. 25,000 in the following circumstances:
  1. Refusal to accept an RTI application.
  2. Failure to provide information within the stipulated time.
  3. Providing incorrect or incomplete information.
  4. Destruction of requested information.
  5. Obstructing the provision of information.

Handling Complaints:

• Citizens can file complaints with the Commission if:
  1. Their RTI application is refused by the Information Officer.
  2. They are provided with misleading or incomplete information.
  3. The fees charged for the information are unreasonable.

Civil Court Powers:

• The Commission holds the same powers as a Civil Court when handling complaints, including:
  1. Summoning individuals for oath or evidence.
  2. Summoning documents from courts or offices.
  3. Issuing summons to witnesses.
  4. Taking evidence on affidavit.

Annual Reports:

• The Commission submits an annual report to the State Government, detailing its work, pending complaints, and measures taken for RTI implementation.