Case Study: Ethics in Administration and Governance | UPSC Mains: Ethics, Integrity & Aptitude PDF Download

Q: The Right to Information (RTI) Act is one of the most important reforms brought by the government. You have recently been transferred as the Public Information Officer (PIO) in the irrigation department of a district. While inspecting the RTI applications, you find that many of these applications relate to information on the recruitment of staff in your department. Your juniors point out that all of these have been filed by an aspiring local politician who may be trying to create an issue related to irregularities in recruitment in the department. The department fears that he is filing RTI applications for political gains in the upcoming state elections.
In this context, answer the following questions:
(a) Identify the stakeholders and the issues involved in the case.
(b) What measures will you take to handle the situation?
Approach:

• Give a brief overview of the case.
• Mention the stakeholders and issues involved in the case.
• State the measures that you will take to handle the situation.
• Conclude accordingly.

Ans: The case pertains to the potential misuse of the Right to Information (RTI) Act, 2005. A local politician is submitting multiple RTI applications seeking details about the recruitment of staff by the district's irrigation department. The department suspects that the politician might use any identified irregularities in the recruitment process to create controversy for political advantage.
(a) Stakeholders in the case:

• As the Public Information Officer (PIO) of the district's irrigation department, I am responsible for responding to the RTI queries.
• The local politician filing the RTI applications, as he is investigating a potential irregularity.
• The officers and staff involved in the recruitment process, as they are legally accountable for ensuring a fair and transparent process.
• The candidates who applied for the vacant positions, as any misconduct could deprive them of their rightful employment and affect their morale.
• The general public, as the recruitment process is tied to a government department, and irregularities could damage public trust in the government.

Issues involved in the case:

• Negative propaganda: Given the nature of the applications filed by the same local politician, there is a risk that the information requested could be misused to create a controversy regarding possible irregularities in the recruitment process.
• Personal gain: Through negative propaganda, the politician may be attempting to further his political ambitions.
• Disruption of government work: Multiple RTIs of the same nature filed by one person could waste the time of public servants, affecting their efficiency and increasing the trust deficit between the people and the government.
• Malafide intention in the recruitment process: There are concerns that irregularities, such as corruption, favoritism, or neglect of merit, may have occurred during the recruitment process in the irrigation department.

(b) To address the issue, as the PIO of the irrigation department, I would implement the following measures:
Assessment of Recruitment Process: Regardless of the local politician's intentions, a thorough review of the recruitment process should be conducted. If any irregularities are found, corrective actions must be taken:

• Any recruitment made by compromising merit should be annulled, and the opportunity must be given to deserving candidates.
• Government officials, staff, and any middlemen involved in such irregularities should be penalized according to existing legal provisions, which will serve as a deterrent for future misconduct.
• The politician and the local media should be requested not to create negative propaganda for personal gain but should be allowed to raise awareness about systemic failures, which would promote transparency and accountability.

In Case of Malicious Intent by the Politician: If the politician's intent is solely to disrupt the government and the RTI applications are driven by personal gain, the following long-term measures should be implemented:

• Transparency: The government should proactively publish all recruitment-related data on official websites. This will allow any RTI queries regarding the recruitment process to be easily answered by directing individuals to the relevant online information. This approach will not only deter public officials from engaging in wrongdoing but will also reduce RTI applications filed for personal gain.
• Classification and Segregation of RTI Applications: Using ICT and big data, RTI applications of similar nature should be grouped and handled in the same way, improving efficiency.
• Affidavit Requirement: Individuals who have previously filed false or motivated RTI applications should be required to submit an affidavit along with their applications. This will help curb ill-motivated RTI filings.
• Increase RTI Fees: Currently, the fee for obtaining information under the RTI Act is very low (Rs. 10). A suggestion could be made to the government to raise the fee to deter false and frivolous RTI applications, especially for individuals who file a large number of applications in a short period.
• Monitor Individuals Filing Multiple RTIs: The government should keep a close watch on individuals who file multiple RTI applications regularly, as they may use the information to blackmail others for financial gain.

The RTI Act is a significant reform introduced by the government to empower citizens and ensure transparency. However, it is important that this legal tool is not misused. Therefore, there is a need to establish proper checks and balances to safeguard its proper use.