Public Information Officer, National Highways Authority was directed to provide the remaining requested information:
“· Para-1: List of the officials Vehicles of NHA, along with their model, make, and station/person where it is used.
· Para-5: Did NHA signed any contract with any auto workshop for the maintenance of the official vehicles, if so, please provide certified copy of the contract signed.
·Para-6: Detail of NHA panel workshops along with complete record when they joined NHA Name of workshop, Name of owner, NTN number of owners, Detail of vehicle repaired till date, criteria to assign maintenance work.
·Para-7: NHA agreement with Fuel pumps In Islamabad Area.”
The commission notes with concern that the PIO did not follow standards required for official communication, in general, and, as required under the Act, in particular. It demonstrates that the powers vested in officers are not being exercised “reasonably, fairly, justly, and for the advancement of the purposes of the enactment” as required under Section24A (1) of the General Clauses Act 1897.
It is understandable that, at times, PIOs have to collect information from different public officials. However, this should not be the cause for the delay in responding to the information requests of the citizens and the duly sent notices of the commission.
In cases, where requested information has to be collected from different officials, PIOs are expected to forward the requested information to the concerned officers and keep record of the communication on the file.
In cases where other officers are involved in responding to the request for information filed by a citizen under the Act, Rule 3 of the Right of Access to Information Act Rules 2020 become relevant which is as under:
“3. Designated officer. — (1) A designated officer of a public body may seek assistance of any officer in order to collect, collate or retrieve the information being sought by an applicant.
(2) If the delay is caused or any other complaint occurs as a result of non-cooperation, faulty or delayed response on the part of an officer whose assistance was sought by the designated officer, such other officer shall be deemed to be the designated officer after approval of the Secretary concerned for purpose of imposition of penalties under the Act”.