A Public Information Officer has received an application under RTI Act. Having gathered the information, the PIO discovers that the information pertains to some of the decisions taken by him, which were found to be not altogether right. There were other employees also who were party to these decisions. Disclosure of the information is likely to lead to disciplinary action with possibility of punishment against him as well as some of his colleagues. Non-disclosure or part disclosure or camouflaged disclosure of information will result into lesser punishment or no punishment. The PIO is otherwise an honest and conscientious person but this particular decision, on which the RTI application has been filed, turned out to be wrong. He comes to you for advice. The following are some suggested options. Please evaluate the merits and demerits of each of the options : (i) The PIO could refer the matter to his superior officer and seek his advice and act strictly in accordance with the advice, even though he is not completely in agreement with the advice of the superior. (ii) The PIO could proceed on leave and leave the matter to be dealt by his successor in office or request for transfer of the application to another PIO. (iii) The PIO could weigh the consequences of disclosing the information truthfully, including the effect on his career, and reply in a manner that would not place him or his career in jeopardy, but at the same time a little compromise can be made on the contents of the information. (iv) The PIO could consult his other colleagues who are party to the decision and take action as per their advice.

How a topper answered the closest question

Toppers wrote this one in a test series: “You are a Public Information Officer (PIO) at the home ministry. On a daily basis you receive several applications under the Right to Information (RTI) Act, 2005. On gathering the information for a particular query you find that the information is related to some decisions which were taken by you. You took the decision in good faith which appeared correct at the time of decision making. The immediate impact of your actions was in line with your expectations. However, in hindsight the long term impacts of the decisions were counterproductive, and the decision seems to be made with malafide intentions. There were other employees also who were party to this decision. The disclosure of the solicited information, may lead to disciplinary actions. There is a possibility that you and some of your colleagues, who were involved in the decision-making process, may also be punished. You know that a non-disclosure, delayed disclosure, part-disclosure or a camouflaged disclosure will lead to a lesser punishment or even no punishment at all. You are aware of several cases in your department where non-disclosures have virtually gone unnoticed. Moreover, concealing the information will also save you, your colleagues, and the department itself from huge embarrassment. You know that it is your lawful mandate to disclose complete information in a proper and timely manner. In your years of service, you have been a sincere, dedicated, honest, conscientious officer. However, this time, you are well aware that the complete disclosure of information may cause harm to not only your career but also that of your colleagues. Moreover, your colleagues are pressuring you to withhold the information. Further, you have recently taken a huge education loan to fund the college education of your son. As the sole breadwinner of the family, you shoulder the responsibility of catering to the needs of your elderly parents, which involves their recurring medical costs. In these circumstances, any disciplinary action against you may also negatively affect you and your family's financial well-being. Now, you are in a state of dilemma over your future course of action. a) What are various ethical dilemmas in the above case study? b) Evaluate the merits and demerits of various courses of action available to you. Also, which course of action will you choose and why?”

Toppers’ answers to other close questions

• The ministry of health appointed an expert team to conduct epidemiological study on the health of 1,000 agricultural workers to know the impact of pesticide exposure on health. The study finds that there are adverse impacts on the health of agricultural workers such as the possibility of skin cancer. The report finds its way in media which result into public outcry. However, the ministry rejects the findings of the team as it does not find satisfactory. The ministry of environment has requested the ministry of health not to disclose the findings unless it carries its own study to verify the facts as its expansion plan for genetically modified seeds may get affected. An RTI activist applies for information to PIO of ministry of health. Now, the PIO is in dilemma what he should do? So far, the PIO has a good record of disclosing information for which he has been recently appreciated. Suppose you are the PIO then discuss the merits and demerits of the following options and choose the most appropriate one, giving reasons. (a) The PIO should consult the higher authority and act as per the advice. (b) The PIO should refuse to disclose the information as it is sensitive and can create law and order problem. (c) The PIO should partially disclose the information which is not related to the adverse impact on health. (d) The PIO should disclose the complete information to maintain his good record.1 answer
• Inside a busy city administration office, Joint Municipal Commissioner Keerthi, who also serves as the Public Information Officer (PIO), faces a challenging situation. Recently, an RTI application has been received, demanding details about public infrastructure projects initiated during her tenure. Upon reviewing the requested information, Keerthi discovers that certain decisions made regarding these projects were not entirely sound in hindsight. These decisions, although taken in good faith and after due diligence, failed to realize promised outcomes. There were other employees also who were party to this decision. The disclosure of this information could potentially lead to scrutiny and backlash against herself, the employees, and contractors involved. Known for her integrity and commitment to public service, Keerthi finds herself at a crossroads. The RTI Act has served as a critical check against administrative arbitrariness, ensuring transparency and accountability. However, she also observes a troubling trend. RTI applications are often used by vested interests and activists seeking personal gain rather than genuine public interest. Some activists even resort to threats or extortion tactics, undermining the integrity of the RTI process. She fears the requested RTI information could be similarly exploited. Moreover, the employees involved are requesting her to withhold the information. In navigating this situation, Keerthi weighs her options carefully. (a) Critically examine the options available to Keerthi in the above situation. (b) Which of the above would be the most appropriate for Keerthi and why?2 answers
• You are a Public Information Officer (PIO) in Public Works Department. An RTI is filed to know about the allotment of tender to a company for construction of a bridge. While collecting information about the allotment process you came to know that the tender was under-priced. However, you also came to know that it was unintentional and was due to a calculation error which could not be detected during the scrutiny. The under-secretary of the department who is an honest official with an impeccable record and is the final authority for passing the tender has requested you to iron out the deficiencies in your response. His argument is that elections are to be held soon and the company which has got the tender belongs to a relative of senior minister. He fears that his reputation and job as well as of others involved in the process of allotment is at risk. You sympathise with your colleagues and understand that such consequences are possible. 20 (a) What are the options available to you? (b) Evaluate each of these options and choose the option you would adopt, giving reasons.1 answer