A Citizen's Fight for Transparency: The Battle to Uphold the RTI Act

In a powerful legal move, a constitutional activist and RTI strategist has filed a writ petition in the High Court, bringing to light a troubling pattern of institutional failure by the Department of Administrative Reforms and Public Grievances (DARPG) and the Central Information Commission (CIC). This is not merely a personal legal battle; it is a fight for the integrity of India's democracy and the fundamental right of every citizen to access information.

The petitioner, a dedicated activist and a sole caregiver for a chronically ill mother, has meticulously documented a systemic breakdown in the public grievance and information system. The core of his case revolves around eight specific Right to Information (RTI) applications filed against DARPG, each seeking crucial information to hold public servants accountable.

The Information We're All Entitled To

The petitioner's RTI applications were aimed at a single, critical goal: to shed light on corruption, lack of accountability, and bureaucratic inefficiency. The information sought, tied to specific file numbers, reveals the depth of the issues at hand:

  • CIC/DARPG/A/2024/658235: The identity of specific CPIOs and PG officers, along with records of grievance emails and actions taken.

  • CIC/DARPG/A/2024/651529: Details on the penal liability for public servants who delay grievance resolution, especially under the new Bhartiya Nyay Sanhita, 2023 (BNS 2023).

  • CIC/DARPG/A/2024/651501: A deeper legal question about the application of BNS 2023 in promoting a more democratic, less "feudal" government culture.

  • CIC/DARPG/A/2024/651490: The role of DARPG in enforcing central acts like the Right to Education (RTE) Act and how grievances are escalated.

  • CIC/DARPG/A/2024/651477: Records of official emails sent by the DARPG Secretary and the prosecution of corrupt officials.

  • CIC/DARPG/A/2024/650798: Clarification on the role of PG officers as public servants and their prosecution under BNS 2023.

  • CIC/DARPG/A/2024/650846: Information on whether the DARPG is complying with the proactive disclosure requirements of Section 4 of the RTI Act.

  • CIC/DARPG/A/2024/650819: The existence of any official records or FIRs filed against PG officers for their misconduct.

The Systemic Hurdles

What the petitioner encountered was not a simple delay, but a series of systematic roadblocks. The CPIOs at DARPG repeatedly denied the information, often citing it as "speculative" without providing any legal basis. The First Appellate Authorities (FAAs), meant to be a check on this, either gave "perfunctory orders" or, in many cases, provided no order at all—a clear denial of justice.

The final and most critical hurdle came at the CIC itself. The Information Commissioner (IC) is accused of clubbing all eight appeals into a single, summary order. In doing so, the IC allegedly ignored the petitioner's detailed written submissions, failed to summon the officials involved, and refused to impose statutory penalties under Section 20 of the RTI Act. This is a major concern, as it sets a precedent that public officials can act with impunity.

A Broader Battle for Democracy

This case transcends the individual appeals. It represents a citizen's attempt to use the tools of a democratic government to hold that government accountable. When the very bodies meant to ensure transparency—like the DARPG and the CIC—become part of the problem, the entire system is at risk.

The petitioner's writ petition is a call to action for the judiciary to intervene and restore the RTI Act's original purpose. By addressing this case, the High Court has an opportunity to not only deliver justice to one individual but also to send a powerful message that the right to information is not just a promise but a protected reality.

This is a battle for every citizen who has ever been denied information, for every marginalized worker whose grievance has been ignored, and for every individual who believes in the power of an open and transparent government.

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