Information with outsourcing agencies of public authorities

[jps50]

It has been experienced that where-ever public authorities under RTI outsource various functions to private entities, the public authority refuses to supply such information as the same is not held by them. For example banks have outsourced recruitment, ATM management etc. Income Tax dept has outsourced issue of PAN cards to private parties which are not public authorities. Thus information pertaining to functioning of public authorities which are outsourced are out of bound of RTI.

I invite views of learned members on this vital issue, since more and more functions of govt. are being outsourced.

[karira]

Sponsorer

This is a very serious issue and will become even bigger in the future because even local bodies like Municipal Corporation, etc. have started "outsourcing" their work. One good solution would be to incorporate a special clause into all the outsourcing work that the public authority should be able to access the "information" and provide to the applicant.

[karira]

Read the attached decision of CIC regarding IBPS.

The Respondent explains that the RBI Young Scholar Award Scheme is conducted by RBI in which
students after 12th pre-graduation are selected and given assignments/projects in various RBI offices for two to three months. The PIO states that the information regarding the test is available with IBPS which is a private contractor and hence the information is not with the RBI. The Commission notes that under Section 2(f) of the RTI Act, “information" means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;” and Section 2(j) defines, “"right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the-. In the instant case if IBPS is a contractor through whom the scholarship tests are conducted, information on the tests is certainly information which can be accessed by RBI. Besides it is certainly within the control of RBI. If RBI claims that it is conducting a scholarship exam by giving a third party the right to decide and select people this would be a very questionable practice.


Banks also select their officers by using IBPS as an agent. If public authorities in the country give such work of selection of candidates to private parties who have no accountability to the citizens it would indeed be a very disturbing practice. Besides, this goes against the promise of accountability and transparency made by the Parliament to the citizens of India. The Commission directs the PIO to obtain the information from IBPS and provide it to the Appellant. However, if IBPS refused to part with the information the Commission recommends under its powers under Section 25(5) of the RTI Act that the RBI Governor consider not assigning such work to IBPS in future.

Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the appellant after
obtaining it from IBPS before 15 June 2012. If IBPS refuses to part with the information the
PIO is directed to send a copy of the said refusal to the Appellant and also to the RBI
Governor alongwith a copy of this order so that the RBI governor should act as per the
directions of the Commission.