advise/ opinion under the RTI Act

[apaul]

Can an individual ask for an advise or opinion in the nature of a query based on hypothetical facts under the RTI Act? Would it constitute "information" as envisaged under the RTI Act?

[kushal]

No! RTI applies to information available.

Hema had said nicely in one of her post here:
http://www.rtiindia.org/forum/1698-post3.html


A sample question which I replied today was for:
1. Give me the name of persons transferred by you?
2. Had they completed their tenure?
3. If they have not completed their tenure, why did you transfer them?

Obviously the 3rd point was not under the purview of RTI Act. Even though I had told him to ask 'Show me the note sheet by which the decision of transfers were made?'

[maneesh]

Kushal, The link is not working.

Have you rejected the whole question or only denied the information to part 3.
And which clause you have invoked?

[apaul]

Kushal, the link opens up only one post by hemasampat.

Anyhow, if possible, please let me know if there are any decisions where the words "advise", "opinion" as appearing in section 2(f) of the Act, have been adjudicated upon. Thanks!

[maneesh]

Click on Permalink on the top right corner you will get all the post in that thread.

[maneesh]

Here is one judgment where CIC Wajahat Habibullah has hold that to quote
In our view the CPIO has rightly held that it is not for the PIO to express
an opinion

Decision_15032007_02.pdf

[kushal]

On the question of opinion and advices CIC receives a number of appeals and applications in which people have wanted a view on why a certain order was passed.

A view is not really, and does not fall within the purview of an opinion because the definition says 'any material' - therefore a view has to be a recorded view.

If there is a recorded view, if there is a particular opinion held by a particular department on the application of a particular law, then that can be construed as opinion.


But if one ask as the Public Information Officer as to what I think of such and such a personality as a leader or a Minister, then it is not an opinion under the Act.

[mpai]

Originally Posted by kushal

1. Give me the name of persons transferred by you?
2. Had they completed their tenure?
3. If they have not completed their tenure, why did you transfer them?

Obviously the 3rd point was not under the purview of RTI Act. Even though I had told him to ask 'Show me the note sheet by which the decision of transfers were made?'

I am afraid, the 3rd point if I believe was a question asking for the reason why somebody was transferred before having completed the tenure is indeed information.

When an incumbent is transferred before having completed his /her tenure, reasons have to be recorded in writing during the transfer committee meetings or what soever. A proper record has to be maintained i.e. if it was a request transfer or some MP/MLA had sent in a demand for transfer or perhaps the incumbent was involved in some crime etc.

What ever way, this fully falls under the perview of information and has to be disclosed.

Manoj

[kushal]

I have already clarified that in my above post Manoj.

However to site for the 3rd point, for example to fill the vacancy there is no file which mentions why is a particular official transferred. The file is put with vacancy and list of officials.

Thus there may be decision, but no information, a file noting may contain his name, but without reason as to why 'him'. Thus obtaining a file noting may reveal his name in the note but not the recorded reason for his case.

[mpai]

Originally Posted by kushal

IThus there may be decision, but no information, a file noting may contain his name, but without reason as to why 'him'. Thus obtaining a file noting may reveal his name in the note but not the recorded reason for his case.

You are right

Corrupt senior officers might not have liked the incumbent and decided to transfer him instead. The option available is to complain or use the legal avenues to prove the malafide intentions.

Best wishes

Manoj

[karira]

Paul,

Strictly speaking you cannot ask for Opinion or Advise/Advice under the RTI Act. The term "information" has been clearly defined in the Act.

However, with some smart drafting of the application and appropriate "camouflaging", you can disguise your application to get answers.

Please only do this, if absolutely essential. Otherwise everyone will start using the RTI act for purposes for which it was never enacted.