In a decisive move underscoring the authority of transparency laws, the Tamil Nadu Information Commission has taken the unprecedented step of directly appointing a senior IAS officer as a Public Information Officer. This action comes as a stern reprimand to officials of the Nagercoil Municipal Corporation who repeatedly failed to appear for hearings related to Right to Information (RTI) appeals.
A Stern Rebuke from the Commission
State Information Commissioner V P R Elamparithi invoked the powers under Section 19(8)(a)(ii) of the RTI Act to appoint Nagercoil Municipal Corporation Commissioner Nishant Krishna, an IAS officer, as the Public Information Officer for the district administration. The commissioner did not mince words, condemning the conduct of the municipal officials. He pointedly remarked that they seemed to have forgotten that the Nagercoil corporation is part of India and is unequivocally bound by the country's laws.
This strong criticism was delivered while disposing of a second appeal filed by A P Subramanian of Nagercoil in 2023. The appellant's quest for information began in 2022 when he sought details about the receipt and subsequent action taken on a petition he had sent to the municipal administration directorate. Dissatisfied with the responses from the initial PIO and the first appellate authority, Subramanian was compelled to approach the Information Commission.
A Pattern of Disregard for the Law
The case reached a hearing on December 15, but the designated Public Information Officer, an assistant engineer from the engineering division, failed to appear before the commission. Upon examining the correspondence, the commission found it unacceptable that information was denied to the petitioner by citing an earlier commission order.
The commissioner highlighted a glaring contradiction: while the PIO was specifically instructed in October not to reject RTI applications by claiming the information was sub judice in another case, the same official failed to appear for a hearing in a similar matter. The commission concluded that the PIO had "willingly caused embarrassment to the commission."
This was not an isolated incident. The commission identified a troubling pattern, enumerating 11 separate cases where Public Information Officers from the Nagercoil Municipal Corporation had failed to appear for hearings. In light of this systemic negligence, the commission has directed the concerned PIOs to show cause why disciplinary action should not be initiated against them.
A Clear Signal to All Government Departments
The appointment of the municipal commissioner himself as the PIO is a powerful signal to all government departments and their information officers across the state. It reinforces the principle that the RTI Act is not optional and that accountability for its implementation rests with the highest levels of administration. The commission's action demonstrates its willingness to use its full statutory powers to ensure compliance and uphold the citizens' fundamental right to information.
This landmark order serves as a stark reminder that public officials cannot ignore the mechanisms of transparency without facing serious consequences. It strengthens the framework of the RTI Act by ensuring that the responsibility for providing information ultimately falls on the shoulders of the top leadership within a department.
