KOCHI: The State Information Commission has taken the Archives Department to task for not allowing an applicant to peruse and take photocopies of certain documents under the Right to Information (RTI) Act.
The stand of the Archives Department that permission had to be obtained from a senior officer, instead of its public information officer, for examining and taking photocopies of documents has also drawn flak from Chief Information Commissioner Vinson M. Paul.
Disposing of a complaint filed by D.B. Binu, president, RTI Kerala Federation, the commission said in case the public information officer of the department held that sanction for perusing the documents had to be accorded by a senior functionary, such a high-ranking officer could be designated as the public information officer.
In his complaint, Mr. Binu pointed out that he had submitted an application before the public information officer of the department, seeking sanction to inspect the documents. However, the directorate said that permission had to be obtained for perusing them.
Besides, the rate fixed for perusal of documents is higher than what is stipulated by the RTI Fee Rule. He wanted to take copies of the confidential section files of 1913-1956; judicial section files of 1904 to1949; Home Department files of 1958 to 1980, and documents on INA.
He also pointed out that the fee prescribed by the public information officer for providing information was high.
The officer said only research scholars were given permission to scrutinise the records of the department. In fact, the permission of a senior officer is required for examining historical documents with the department.
The commission said the stand adopted by the public information officer was not in accordance with the provisions of the RTI Act. It was of the view that the applicant under the RTI Act could not be directed to approach another authority for obtaining requisite sanction and thereafter to move the public information officer of the department for getting the information sought. Such a procedure has not been envisaged under the RTI Act.
Besides, no higher rate than what has been stipulated in the Kerala Right to Information (Regulation of Fee and Cost) Rules 2006 can be charged for perusal of documents. If the public information authority is of the opinion that a higher rate has to be charged for perusal and taking copies of certain categories of documents, necessary amendment to the rules will have to be effected. The fee as prescribed in the rule alone can be charged until such amendments are made.
