Commission flags deputy-level appointment for RTI duties, wants senior officers
The State Information Commission, Haryana has directed administrative departments, including the Municipal Corporation (MC), Faridabad, to designate officers of an appropriate mid-level or senior rank with adequate administrative authority and experience as State Public Information Officers (SPIOs), following a complaint that exposed shortcomings in information disclosure under the Right to Information (RTI) Act.
While hearing a petition concerning inadequate information being provided to an applicant, the commission found that an assistant-level official had been deputed as SPIO by MC Faridabad, contrary to an earlier directive of the Chief Secretary (Administration Reforms) addressed to administrative secretaries and heads of departments.
"The commissioner, MC Faridabad has designated an assistant rank employee as SPIO which was completely contrary to the government's instructions. Since there was no malafide intention, the commissioner has been 'advised' to review its existing arrangement and revamp it by appointing a senior and experienced administrative level officer as SPIO," said Dr Ajay Sura, State Information Commissioner, Haryana.
Dr Sura emphasised that any disclosure made by an SPIO is treated as an official disclosure on behalf of the public authority and therefore requires a high degree of responsibility, legal understanding and administrative competence. The commission stated that clerical staff and assistants are not suited to the role because the post demands judgement on exemptions and disclosure under the Act.
Commission's rationale and wider advisory
The commission underlined that an SPIO must not only process RTI applications but also judiciously distinguish between information that is disclosable and that which is exempt under the RTI Act. It held that designating sufficiently senior officers ensures the requisite legal acumen and administrative authority to make such determinations.
- Scope: Advisory issued to all departments and heads of departments across Haryana.
- Concern: Staff at assistant or clerical rank assigned SPIO duties, undermining effective RTI implementation.
- Action advised: Review and revamp existing arrangements; appoint senior, experienced administrative officers as SPIOs and First Appellate Authorities (FAAs) where required.
The commission said this advisory is general in nature and meant to ensure consistency with the spirit and object of the RTI legislation as well as with state government instructions already issued on the subject.
Implications for Faridabad residents and municipal governance
For residents of Faridabad, the commission's direction aims to strengthen the municipal authority's capacity to handle information requests reliably and in accordance with law. Appointing senior officers as SPIOs could reduce delays, improve the quality of responses and limit avoidable appeals to higher authorities or the commission.
However, the commission noted that in the specific case before it there was no finding of malafide intent by the MC Faridabad. The instruction to the municipal commissioner is cast as an advice to review and correct the appointment rather than as punitive action.
| Issue | Commission's view |
|---|---|
| Assistant-level staff appointed as SPIO | Inappropriate; inconsistent with government instructions and the RTI Act's intent |
| Recommended SPIO profile | Mid-level or senior officer with administrative authority and legal acumen |
The commission's guidance reiterates an earlier communication from the Chief Secretary (Administration Reforms), which had categorically notified the rank of officials who could be assigned SPIO and FAA duties. Departments across the state are expected to align their appointments with that notification.
By underlining the need for experienced officers in the SPIO role, the commission has signalled an administrative push to strengthen compliance with transparency norms in Haryana's public authorities, including municipal bodies such as MC Faridabad.
