Mumbai IMD official fined ₹1K for charging GST, denying info to RTI query

Central Information Commission (CIC) penalised Mumbai India Meteorological Department’s (IMD) chief public information officer (CPIO) for harassing a city-based Right to Information (RTI) activist. CIC fined Bishwombhar ₹1,000 for charging GST in the fee and refusal to provide information under RTI Act.

The matter was heard on March 5 following which an order was issued on May 8 by CIC. The matter was made public by RTI activist Chetan Kothari on Tuesday.

“The Commission holds that Bishwombhar, scientist and CPIO, has illegally denied substantive part of the information and illegally attempted to charge GST on information. However, taking a lenient view, the Commission imposes a penalty of ₹1,000 on the CPIO,” read the order passed by chief information commissioner M Sridhar Acharyulu.

On September 9, 2017, RTI activist Chetan Kothari had filed a query seeking details from IMD about warnings and red alerts issued by the weather bureau over a span of five years, the reason for such warnings, and whether they turned out to be true or false. “I was asked to deposit ₹5,808, including ₹886 GST charges in advance for furnishing information. I failed to understand how an imposition of Goods and Services tax could be levied on sharing information, and thus filed an appeal with CIC,” said Kothari.

In the order passed on February 5, the CIC said that the demand of GST charges made by the CPIO is ‘illegal and unreasonable’ and observed that a public authority cannot quote a price for the information treating it as a commodity. “Such an imposition of (Goods and Services) tax was not legally supported,” read the order, which issued a show-cause notice to the CPIO asking him why maximum penalty should not be imposed and asked the CPIO to furnish his response.

According to details submitted by the CPIO, he gave a letter on October 25, 2017 asking for ₹300 to furnish 150 Photostat copies of information requested by Kothari. Then subsequently on November 2, 2017, another communication was sent from Vrushali Kulkarni, scientist, IMD Mumbai, seeking payment of ₹5,808 plus GST (₹886), on condition that Kothari would inform the purpose for which information was demanded and an undertaking not to use the information for other purposes or shared with others.

“I accept my mistake that I as CPIO should not ask the RTI Applicant for furnishing an undertaking of weather information/warning/alerts under RTI Act 2005. I was totally unaware of this fact and respect your (CIC) decision. Hence, I tender unconditional apology..,” read the reply of the notice submitted by the IMD CPIO adding the information comprising of 150 pages of documents had been supplied to appellant free of cost.

Taking cognisance of the harassment meted out to Kothari, CIC directed the public authority to pay a token compensation of ₹500 to him in 15 days.

“I welcome the decision by CIC to uphold the guidelines under RTI act, and help activists like us bring out the truth,” said Kothari.