Question relating to "procedure" is also information...and no penal or disciplinary action against information seeker...

[karira]

In a recent order, IC PB has ruled that a question by an applicant relating to "procedure" is also information.

http://cic.gov.in/CIC-Orders/PB-21082008-01.pdf

No doubt, information available in a material form alone could be sought for disclosure. Yet when a question relates to a procedure, then, it cannot be said that the same is not available in a material form and the CPIO should explain the procedure. In the present case, the appellant had sought for the procedure to be followed in case of allegations of corruption. The CPIO should have given answers to these queries.

In the same order, the IC further ruled:

I must record my strong displeasure for the observation in the comments that strong action would be taken against the husband of the appellant as no such threat could be made in respect of information sought through an RTI application nor any action taken in pursuance to such a threat. The AA who has sent the comments should note this not only in the present case but also in future cases that no penal or disciplinary action shall be initiated against an information seeker in connection with his/her RTI application.