BANGALORE: Chief Information Commissioner and former Chief Secretary K.K. Misra wants to shift his office outside the Vidhana Soudha as he feels security restrictions are preventing him from making himself more accessible.

The Government has submitted a proposal to the Karnataka High Court to allow it to build four reception-and-security counters at the approaches to the Vidhana Soudha-Vikasa Soudha complex. If these are permitted, the Secretariat may be virtually off-limits for citizens.

Mr. Misra, who was sworn in as Chief Information Commissioner after his retirement as Chief Secretary, said he has written to the Government seeking an office outside the Vidhana Soudha. The commission is in need of a full-fledged establishment with all facilities.

The law

The Karnataka Right to Information Act, 2000, along with the Central Act, the Right to Information Act, 2005, has no doubt created confusion in the public mind. The latter will prevail in case of a conflict between the two laws and if there is any lacuna in the State law. S.M. Acharya, Principal Secretary, Department of Administrative Reforms, who implements the Right to Information Act, 2005, said he has directed heads of departments, public sector undertakings, boards and corporations, six city corporations, deputy commissioners, tahsildars, commissioners of city municipal councils, and chief officers of town municipal councils to appoint public information officers (PIOs) for providing information sought by the people. A public authority who has appointed a PIO is the first appellate authority. On account of their size, one PIO is appointed for groups of societies and panchayats.

Mr. Misra said complainants can approach him or his office for information. Complaints can be filed under Section 18 (1) of the Act if no PIO is appointed, or if a PIO refuses to accept an application for information, or he does not reply within the specified time limit.

A person can also file a complaint if he believes that he has been misled or charged an unreasonable fee.

Mr. Misra said he has appointed Under Secretary Sainath Prakash as a PIO. Mr. Acharya has appointed a Joint Secretary and five under secretaries in his office as PIOs. They can appoint assistant PIOs if necessary.

Mr. Acharya said it is the duty of public authorities to readily provide 17 items of basic information under Section 41 B of the Right to Information Act the moment an applicant approaches them. No fee is charged and no application is to be submitted. A fee is charged for other information.

There are guidelines on what type of information can be given.

Appellate authority

The State Information Commission is an appellate authority only with regard to State Government officials and not against officials of the Centre or organisation under it. In departments, all under secretaries are PIOs. The Deputy Secretary, is the first appellate authority.

Officials under Central Ministries, departments and other authorities are covered by the Central Information Commission (CIC) headed by Wajahat Habibullah. His headquarters is in New Delhi. There is no State unit.

The State Government has appointed K.A. Thippe Swamy, personal secretary to Public Works and Power Minister H.D. Revanna as the State Information Commissioner. Under the Right to Information Act, the State can appoint five information commissioners.

A database will be created in the National Information Centre in a few days and made available to the public.

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