Not disclosing govt file notings violation of RTI law: CIC

[bahl_ajay]

AS REPORTED ON ZEENEWS.COM

New Delhi, June 30: The Centre's decision of not disclosing file notings under the Right To Information act has drawn flak from the Central Information Commission which held that this amounted to violation of the transparency law.

Turning down a plea of the Department of Personnel and Training (DoPT) that file notings were exempted under the RTI act, the commission said it meant, "substituting the law".

"The circular of DoPT is curious in that it seeks to substitute the law passed by the parliament with its own interpolation inserted in its website," Chief Information Commissioner Wajahat Habibullah said.

The circular was brought to the notice of the transparency panel during a hearing on a complaint of a retired IAS officer Des Raj Dhingra, alleging that the DoPT had refused to provide him information relating to file noting on his RTI plea.

"What DoPT would appear to wish to do by means of this presumptuous circular is to substitute an opinion of an under secretary for the (earlier) decision of the commission," Habibullah said.

The commission also pointed out that the government's decision of not disclosing file notings under the RTI act has been taken not on the basis of any expert advice but on the recommendation of an under secretary.

The circular issued by the under secretary (RTI), also posted on DoPT website, read: "file noting does not form part of the information under the RTI act and that it is not to be disclosed."

In a recent decision, the CIC held that the website was misleading and asked the DoPT to amend it in order to bring it in spirit with the RTI act.

Holding that the decision of CIC as well as the state commission was "binding" on the government, Habibullah directed the Centre to provide all the information sought by Dhingra.

The commission also sought an explanation from an under secretary for denying information to Dhingra within the required time frame.

Dhingra has filed the RTI application with the DoPT seeking information pertaining to notings and correspondence on his service file.

Bureau Report