While pulling up the Indian Air Force (IAF) for lack of accountability, the Central Information Commission (CIC) had dismissed a record 1,282 second appeals filed by an applicant under the Right to Information (RTI) Act. A former Air Force officer Wing Commander, Sanjeev Sharma, filed second appeals seeking information from the Air Command and other related institutions across the country.
While lambasting Sharma for filing cumbersome RTI applications, DP Sharma, the Central Information Commissioner as on 18 April 2017, also pulled up the Air Force for lack of accountability and issued an advisory to increase the number of Central Public Information Officers (CPIOs) and Assistant Public Information Officers (APIOs) and ensure ‘effective implementation’.
Sharma, who claims he had filed RTI applications in order to expose corruption in various outfits of the IAF, sought information through over 3,000 applications since 2014 on various issues pertaining to Air Force’s contingency fund, Air Force Wives’ Welfare Association, Canteen Stores departments, trees and animals in the campuses, land related to Air Force Mess and Officers’ residences, private property bought by Air Force personnel and so on. The CIC heard a whopping 1,282 second appeals in a single order, stating “these RTI applications are seeking the same information” and therefore they have been heard together “to save time and resources”.
In a landmark order, the CIC observed, “…the kind of time and resources spent by the appellant in filing these RTI applications and appeals do speak of a certain kind of accountability, which appears to be lacking in the IAF. The lack of sufficient number of CPIOs or APIOs in one of the three largest wings of the Ministry of Defence raises a serious concern regarding the kind of importance that is accorded to the RTI Act provisions”.
The CIC has also stated that it is ‘alarmed’ over the dismal rate of disposing of first appeals by the concerned First Appellate Authorities (FAAs) of the Western Air Command and Central Air Command.
The CIC, in its order, has given an advisory, with a copy to the Chief of Air Staff and the Defence Secretary, asking it to mandatorily increase the number of CPIOs and APIOs and conduct RTI awareness programmes for them. The CIC order states:
- The number of CPIOs and APIOs should be increased in all commands and there should be at least one CPIO and one APIO at every unit or station level.
- It should be incumbent on the controlling officers to conduct appropriate workshops and sensitisation programmes for the CPIOs and FAAs regarding the various provisions of the RTI Act.
- A copy of this order is marked to the Chief of Air Staff and the Defence Secretary to take note of the observations made above, as well for appropriate action to implement the advisory.
Supporting the RTI applicant, the CIC has put the onus on the Air Force for lack of transparency on its part. In its order, the CIC states, “As is evident from the issue at hand, that the crux for filing of these RTI applications has been the lack of transparency in the operation and execution of the activities of non-public fund (NPF) ventures. A considered attempt should be made to bring such information, which affects the fees and subscriptions deposited by the members of IAF fraternity in public domain, so that the paraphernalia around the probable misuse of such funds is not attributed to deliberate and malafide tactics.”
“There is no doubt that establishments where funds are raised from member contributions remain at the risk of misappropriations and unaccountability. Therefore, it is in the best of interests that there should be maximum disclosure and minimum restraint on nondisclosure of the working and management of these NPFs.”
As per the CIC order, RTI applicant Sharma claims that there is a parallel economy running inside the IAF fraternity and there are different sources of corruption. He raises the issue of funds allocated in the name of non-public funds being channeled for personal benefit rather than the welfare of the forces.
A Delhi-based RTI activist, Commodore Lokesh Batra (retd), who has been pursuing the haphazard manner in which the CIC in Delhi is disposing off second appeals, says, “This is a landmark order covering a comprehensive reading of the excerpts, analysis and submissions of both the parties. The Commissioners need to emulate the practice of such a well drafted Order.”
| | | 'Cumbersome' framing of RTI application by Sharma, according to CIC | | | "A perusal of the content of the RTI Applications reflect more on the cumbersome way of framing these in having sought for ten kinds of information within a single query. The RTI Applications lack specifics and are framed in a question answer format in most places, providing information on which may practically require dwelling into records and ascertaining facts and figures, then collating it."
"For instance, some of the RTI Application queries are reproduced here verbatim, in respect of CHAF(B), TC, IAF:
(a) Who have been the CPIO/PIO/APIO from 01 Jan 2007 to 10 Sep 2014 & also for PSI, AFWWA(L), CSD Canteen, AOC/CO Contingency Fund, Offrs. Mess, SNCOs Mess, Air Force School, Gas Agency & CWF?
(b) What are their addresses, telephone No., Fax No., email-ids? Who are the approving authorities for their appointment along with policies & file notings? When they go on leave or T/D, to whom did they hand over their charges? Please provide copies of handing /taking over registers & SRO/URO entries. If they did not handover their charges, what action was taken against them?
(c) Where have they published their details, as required by RTI Act, 2005, on IAF website? If they have not done so, what action has been initiated against them? How many RTI Applications have been received & how many were not replied in time? Who were the officers responsible for this & what action has been taken against them?
(d) How many combatants/civilians are working in RTI Cells? Are the combatants working here get any honorarium & civilians any pay? Who decides that? Who issues Form 16 to these employees? Are they paid minimum wages as per govt. law?
(e) How many appeals have been disposed off to the satisfaction of applicants>
(f) Any other relevant information
(g) File notings of progress of this RTI." | | |
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Vinita Deshmukh is consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting, which she won twice in 1998 and 2005, and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book, “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte”, with Vinita Kamte, and is the author of “The Mighty Fall”.)
Remember the jawan who posted the horrible food their unit was being served while funds for food were being diverted.