Can a "report", not yet accepted by Management, be defined as "information" ?

[karira]

Can a "report", not yet accepted by Management, be defined as "information" ?

http://www.rti.india.gov.in/cic_deci...85_M_79869.pdf

In a very strange decision, IC SS has ruled that a report prepared by top management does not fall under the definition of information under Sec 2(f)

The appellant had filed an application dated 22.9.2010 under the RTI Act
seeking copy of the report on integration of UD and PD – issues relating to interse seniority in Managerial Technical Cadre – with refer No. CM (HR) C-T-1160
dated 14.12.09. The CPIO vide his letter dated 7.10.2010 informed the appellant
that the matter is being examined by the management. It has not been accepted
by the Company till date. Since the report is not accepted by the Company, it is
not an official document of the company. Therefore the report is not ‘information’
under section 2(f) of RTI Act, 2005.
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During the hearing the respondent submits that the Management of FACT
constituted a Committee of senior officials to examine and make
recommendations for solving the inter-se seniority problems in the technical
cadre in the proposed Udyogmandal Complex set up. The integration of the
Udyogmandal Division and Petrochemical Division is not yet completed. The
recommendation/report of the Committee has not yet been accepted by the
Management. It is subject to various changes based on the discussion with the
Unions. The issue of inter-se seniority in the technical cadre is being discussed
with the Unions. The purpose of the report of the Committee of senior officials is
only to conduct negotiation with the Unions to sort out the issue of inter-se
seniority. In other words, it is a management tool for discussion with Unions. It
the report is released to the Unions, the very purpose of constituting the
Committee is defeated.

Having considered the submissions of the parties the Commission is of
the view that the information sought for by the appellant does not fall within the
meaning of ‘information’ as contained u/s 2(f) of the RTI Act, 2005 as the abovesaid report is subject to various changes based on the discussions with the
Unions. The requisite information permissible under the RTI Act has been
provided to the appellant by the respondent.

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Does that mean that any document subject to various changes, is not "information" ?

Maybe the IC also needs to read the definition of "record" in Sec 2(i):

i)	"record" includes—

a)	any document, manuscript and file;

b)	any microfilm, microfiche and facsimile copy of a document;

c)	any reproduction of image or images embodied in such microfilm (whether enlarged or not); and

d)	any other material produced by a computer or any other device;

[harinder dhingra]

Sponsorer

Can a "report", not yet accepted by Management, be defined as "information"
[QUOTE][QUOTE]


Having considered the submissions of the parties the Commission is of
the view that the information sought for by the appellant does not fall within the
meaning of ‘information’ as contained u/s 2(f) of the RTI Act, 2005 as the abovesaid report is subject to various changes based on the discussions with the
Unions.[/QUOTE]


Dear Experts,
Kindly give your enlightened comments on undersigned understanding of above judgment:

What the Hon'ble Ms Information Commissioner has ruled is that all file notings which undergo various changes before being given finality to proposal/decision is also not "information" per se? If that is correct then the file notings,draft etc etc are out of RTI Act 2005??

thanking you


harinder dhingra

[dr.s.malhotra]

Let us take the extreme view that the said "RECOMMENDATION DOCUMENT" is an opinion only , not having attained a finality . It still would be an INFORMATION as per s.2(f) of the Act . So I am in agreement with views taken above in post # 1 and 2 . Ld. IC has erred in holding that it is not INFORMATION .

BUT , there appears more to this type of Information which I feel need to be considered before disclosing the same . Is disclosure of such Information in public interest ?

This is a document drafted for negotiating of terms with Employees Union . As long as the negotiations have not reached a finality , the dissemination of these type of RAW DOCUMENTS may cause problems to both employees as well as the management and may even lead to unrest [ a situation AKIN s. 8(1)(h) - ALTHOUGH CLEARLY IT IS NO INVESTIGATION ] . Since the terms and conditions of settlement with Employee Union would always be available to Union [ it can be presumed that same are in knowledge of employees too as the Union leaders are elected reps of the employees ] , it can not be said that the information has been suppressed . NO ONE SET OF TERMS CAN SATISFY EVERY EMPLOYEE OF ANY INSTITUTION , therefore some disagreement is inevitable . Therefore dissemination of such RAW DOCUMENTS to anyone other than negotiating parties is fraught with risks of a stalemate and unrest . So , to my mind , it is not necessary to disclose such INFORMATION to every RTI Applicant during course of negotiations . But once a settlement of terms has been reached , there is no reason to deny this information under RTI Act as all such raw documents can be easily labelled as DRAFT-1, 2 ,3... so on .

[vsprajan]

The stand taken by the IC is legally untenable. The appellant has to file a writ to sort out the matter.
vsprajan.

[ambrish.p]

meaning of ‘information’ as contained u/s 2(f) of the RTI Act, 2005 as the abovesaid report is subject to various changes based on the discussions with the Unions.

if such decisions will take place then we will never know the zigzag journey of a file.

APPROVED >>(project came in question then authority added not before approved)>> NOT APPROVED>> (later controversy went in cold bag then authority added word e after not)>> NOTE APPROVED.

Story was posted here by Karira Sir,i forgot the link.

regards