Can a Secretary ask for any information?

[karira]

Kushal,

These seem to be contrary to earlier decisions of CIC widely quoted above and elsewhere in this forum. How to clarify the factual position ?

[kushal]

Well, the latest prevails. However, I am yet to get hold of transition sequence to know where is the line of demarcation (if there is any)

[karira]

Here is another decision where IC Mr M.M. Ansari has disallowed a appeal from a VP of a employees union:

6. The information seeker, being an organization, is not covered u/s 3 of the Act. The appeal is, therefore, not maintainable.

Full decision can be viewed at:

http://cic.gov.in/CIC-Orders/Decision_08062007_14.pdf

[mpai]

Originally Posted by kushal

The CIC in two of the recent decision has denied the information Under Section 3 of the Act.

Here is yet another decision of similar nature from Prof. Ansari who ruled
"the appellant was advised to seek information as citizen, as his present appeal was not covered u/s 3 of the Act. Information sought should be available with the CPIO in any material form. "


Manoj

[Satish Gupta]

Whether an organization is covered under RTI or not depends upon which Commissioner hears the case
C. I. Commissioner Ansari always rules that organizations are not covered.
C. I. Commissioner Balasubramanian rules that organizations are covered.
C. I. Commissioner Habibullah rules that organizations are covered.

Decision by Habibullah was the best reasoned decision. The parts of law that have governed this questions in other areas were well covered.

Under the rules of CIC, decision from one commissioner can be appealed to the Chief Information Commissioner. Since Habibulah is the Chief, an appeal against decision of Ansari has a good chance of being successful.

Satish

[Satish Gupta]

We need a volunteer in Delhi, who can write a good appeal against the decisions of Ansari. According to CIC rules, decisions of one commissioner can be appealed to the Chief Commissioner. If you are willing to do the leg work, please email me. It is important to appeal otherwise Ansari and PIOs will continue to deny the benefits of RTI to the public.

Thanks
Satish Gupta

[karira]

Satish,

Very good work and a excellent suggestion.
Although, I would have been very interested to take this forward, unfortunately, I am in Hyderabad.

[mpai]

Originally Posted by Satish Gupta

According to CIC rules, decisions of one commissioner can be appealed to the Chief Commissioner.
Thanks
Satish Gupta

You need to file a review appeal against this decision. You may point out CIC decisions No.CIC/A/3/2006 dated 03.04.2006 in Subash Chander Agarwal v/s Supreme Court of India.

Manoj

[karira]

Here is another decision which makes this whole issue even more confusing.

Please see:

http://cic.gov.in/CIC-Orders/Decision_12032007_16.pdf

In the comments, it is stated that earlier similar information sought by M/S Arjun Industries Ltd. was rejected on the ground that a company was not a citizen and that fee had not been paid in the prescribed mode by a decision dated 21.9.2006. Appeal against the decision was also rejected by the AA by an order dated 20.10.2006. Therefore, both the CPIO and AA have disposed of the case in time.

DECISION

2. Without going into the correctness of the decisions of AA/CPIO in
regard to the application filed by M/S Arjun Industries Ltd., since the
present application has been filed by the appellant as an individual, even though in the capacity as the MD of M/S Arjun Industries Ltd., the same decision cannot be applied in respect of the present application. Therefore, if the information sought by her is not exempt in any of the provisions of RTI Act, the CPIO will furnish the information within 15 days.

Viewers are also requested to read the following thread:

using of letter head

[kushal]

I think one point the discussion is revolving is:

1. If the company/union ask for the information : Rejected
2. If one ask in the individual capacity (By writing his name) even though in the company/union letterhead: Information to be given.