2013 (3) TMI 232 - Commission - Indian Laws

Government Officers' Liability for Noncompliance with Supreme Court Orders: RTI Act Limitations and Enforcement Mechanisms

SP. Goyal Versus Supreme Court of India

The case addressed issues of noncompliance with a Supreme Court order by Government officers, their liability for inaction, reassurance of Supreme Court ... RTI Application - information regarding what action is contemplated by this Hon'ble Supreme Court of India for noncompliance of order marked against Govt. of India, concerned officers of which were responsible to decide the charge sheet - what liability can be fixed against the Govt officers for not taking any action - Held that:- CPIO has not withheld any information and has rightly held that it is beyond the jurisdiction and his duties to opine, comment or advice on matters under RTI Act or to take action against any authority or to direct any authority to take action. The Appellant is filing a number of RTI applications which do not seek any information as defined under Section 2(f) of the RTI Act. The Appellant must understand that information is something that must exist on records on paper or on computer. The PIO is now obliged to give his own opinion or get an opinion from anybody to answer the RTI application. Appeal is dismissed. Issues:1. Noncompliance of Supreme Court order by Government officers.2. Liability of Government officers for inaction.3. Reassurance of Supreme Court orders.4. Enforcement mechanism for Supreme Court orders.Analysis:1. The appellant sought information regarding the action contemplated by the Supreme Court for noncompliance of a specific order against Government officers responsible for deciding a charge sheet. The Public Information Officer (PIO) responded that the civil appeal related to the order was dismissed, and the Court had directed the departmental inquiry to be completed expeditiously. The PIO stated that it was beyond their jurisdiction to interpret laws or judgments and take action against authorities. The First Appellate Authority (FAA) upheld the PIO's response, stating that the PIO cannot opine or direct actions under the RTI Act. The Second Appeal also raised concerns about unsatisfactory and incomplete information provided.2. The issue of fixing liability against Government officers for inaction until a specific individual was alive was raised by the appellant. However, the PIO reiterated that it was not within their duties to comment, advise, or take action against any authority. The appellant's multiple RTI applications were noted to not seek information as defined under the RTI Act, as information must exist on records. The decision to dismiss the appeal was made based on the grounds that the sought details did not fall under the RTI Act's definition of information.3. The appellant also inquired about the reassurances taken by the Supreme Court to ensure their orders are honored by Government officers. The PIO's response focused on the limitations of their role under the RTI Act, emphasizing that they cannot direct actions or provide opinions beyond the defined scope of information. The dismissal of the appeal reiterated that the requested information did not align with the Act's definition, emphasizing the need for information to exist on records or in a tangible form.4. The enforcement mechanism for Supreme Court orders, particularly in cases of noncompliance by Government entities, was a central concern in the appellant's queries. The responses from the PIO highlighted the boundaries of their responsibilities under the RTI Act, emphasizing that their role does not extend to interpreting laws or judgments to direct actions against authorities. The decision to dismiss the appeal was based on the lack of alignment between the requested details and the Act's criteria for information, reinforcing the need for tangible records or data for RTI requests.