RTI Act and record of Speaking Order

[amit.sharma]

Can RTI Act be of any use to force Public Authority to create speaking order (with justification for decision arrived at) in case of major public interest (say appointment to TOP management position? If authority fails to create the record (even after explicit request), then how will citizen enjoy his right to information??? Is this covered u/s 19(8)(a)(iv)?

Please also quote relevant section of RTI Act/ constitution. Thank you.



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[karira]

Sponsorer

Can you please clarify what is the information you want to seek along with the background.

If you have already filed a RTI and received the PIO's reply, please share the details with the forum members - this will help them to guide you in a better manner. You can blank out the details you do not want to share in a public forum.

[sandeepbaheti]

Can RTI Act be of any use to force Public Authority to create speaking order (with justification for decision arrived at) in case of major public interest (say appointment to TOP management position?

On the face of it, it seems that it may be possible for you to invoke Sec 4(1)(d) to ask for reasons for administrative decision. But it is not possible to comment anything with certainty without knowing the entire matter.

[amit.sharma]

Background :

1. RTI requesting speaking order was filed within 3 days of appointment to top management position.
2. PIO rejected saying it is an honorary position. (What is ‘honorary post’ in an organization under admin purview of GoI? Pleease, I need authentic info on this as well.)
3. Appellate Authority rejected on same ground.
4. When CIC ruled in my favor, PIO came up with innovative trick, saying that speaking order DOES NOT exist.
5. I filed complaint of non-compliance with CIC, saying that failure to create record of public interest inspite of explicit request itself is violation of RTI Act. If PA does not create record, citizen’s right to information is compromised.
6. Yesterday I got a call from CIC asking for detailed arguments.

PLEASE HELP IF YOU CAN. Thank you.

[amit.sharma]

Little more detail.

1. This top management position is ALSO Chief Vigilance Officer under CVC Act.
2. According to CIC decision, compliance was mandated before 15-Apr-2009.
3. Till 15-Apr PIO did NOT reveal that speaking order does not exist.
4. Now his argument is that RTI Act can NOT force PIO to create the record (record creation was the job of Head of Organization, and PIO being much lower in rank, can not ask him to create the record i.e. speaking order)

Thank you.