INFORMATION COMMISSION DECLINES TO STAY RTI COMPLAINT AGAINST GOA

PANJIM: HThe Goa State Chief Information Commissioner Mr. Motilal Kenny today declined to stay the proceedings of the complaint filed by Adv. Aires Rodrigues against the Goa Governor Dr. S.S.Sidhu for not complying with the RTI Act. When the Advocates appearing for the Goa Raj Bhavan today moved an application seeking that the proceedings be stayed, Mr. Motilal Kenny told them that they could move the High Court for any stay if the wished.

Stating that he was going ahead and deciding the issue whether Goa Governor Dr. Shivinder Singh Sidhu’s was a “Public Authority” under the Right to Information Act, the Goa State Chief Information Commissioner Mr. Motilal Kenny has now fixed the matter for final arguments on March 25th while making it clear that no further adjournment would be granted.

Strongly objecting the Raj Bhavan's application for staying the proceedings , Adv. Aires Rodrigues today urged the State Chief Information Commissioner to expeditiously decide the matter as the violation of the law by the Head of the State was a very bad precedent and was obstructing the enforcement of the RTI Act in the State.

Adv. Aires Rodrigues’s complaint against Governor Sidhu follows the stand taken by the Raj Bhavan that the Governor of Goa is not a public authority and does not come within the purview of the RTI Act.

Adv. Rodrigues had sought from Goa Raj Bhavan under the Right to Information Act details of action taken on the complaints made by him to the Governor of Goa against Advocate General of Goa Mr. Subodh Kantak. Adv. Rodrigues had also sought copies of noting sheets and correspondence pertaining to the processing of his complaints against the Advocate General.

Adv. Aires Rodrigues in his petition before the State Information Commission has stated that the office of the Governor is a constitutional post within the definition of “Public authority” under section 2 (h) (a) of the RTI Act.

Adv. Rodrigues has stated that as the Governor is a public authority the Raj Bhavan was bound to furnish the information sought and that the refusal to furnish information was unreasonable, malafide and without reasonable cause.

Adv. Rodrigues has also sought that Raj Bhavan officials be penalized under Sec 20 of the RTI act for not complying with the provisions of the Act.