Goa Information Commission Imposes Hefty Penalty on Panchayat Official for RTI Violation
The Goa State Information Commission has taken strict action against a public information officer (PIO) for failing to comply with the Right to Information (RTI) Act. In a significant order, the commission imposed penalties totaling Rs 50,000 on Yogesh Fatarpekar, who serves as the secretary of the Majorda-Utorda-Calata panchayat.
Details of the RTI Denial and Commission's Findings
The case originated when panch member Sharlet Fernandes sought access to CCTV footage of panchayat meetings through an RTI application. When the information was not provided, Fernandes filed two formal complaints with the commission alleging non-compliance.
In his defense, Fatarpekar claimed he did not have easy access to the CCTV system and therefore could not retrieve or furnish the requested footage. However, State Information Commissioner Atmaram Barve found this explanation insufficient and noted multiple violations of the RTI Act.
Key violations identified by the commission included:- Failure to respond to the RTI application within the legally mandated time period
- Disregard for show cause notices issued by the commission
- Non-compliance with directions from the directorate of panchayats to furnish the information
Commission's Strongly Worded Order and Directives
In his order, Commissioner Barve stated that "the conduct of the said PIO, Fatarpekar, appears to be against the letter and spirit of the RTI Act" and emphasized that the official's disregard for the law was further demonstrated by his failure to respond to the commission's show cause notice.
The commission has issued specific directives to ensure compliance:
- The director of panchayats must recover the Rs 50,000 penalty amount from Fatarpekar's salaries and allowances, with a deadline of February 15 for completion
- The chief secretary of Goa must take immediate steps to formulate a comprehensive record retention policy under the RTI Act framework
- The directorate of panchayats should conduct a formal inquiry against Fatarpekar for his conduct
Broader Implications for RTI Implementation in Goa
This case highlights ongoing challenges in RTI implementation at the grassroots level in Goa. The commission's order serves as a reminder to all public information officers about their statutory obligations under the transparency law.
The directive to create a record retention policy specifically addresses systemic issues that may hinder information access. Such policies are crucial for ensuring that public records, including electronic data like CCTV footage, are properly maintained and accessible to citizens exercising their right to information.
This penalty imposition represents one of the more substantial financial penalties recently levied by the Goa State Information Commission against a public official for RTI violations, signaling a stricter approach to enforcement of transparency laws in the state.
