Right to vote and Right to Information of the “little” citizen is of profound significance in a democracy

right-to-voteCentral Information Commission came down heavily over Election Office for not providing details of Voter ID card stating that “It is clear that their inaction and non response to RTI application is violation of both of his rights- right to information and right to vote.”

Citing Krishak Bharti Cooperative Ltd. vs Ramesh Chander Bawa on 14th May, 2010, W.P. (C) 6129/2007, where the Honble Delhi High Court held:

Just as the right to vote of the “little” citizen is of profound significance in a democracy, so is the right to information. It is another small but potent key in the hands of India’s “little” people that can “unlock” and lay bare the internal workings of public authorities whose decisions affect their daily lives in myriad unknown ways…

The Election Office, which spends huge money for campaign for enrolment of voters, but does not prefer to inform the applicant for the voter card under RTI also.

Commission thinks that the Election Office machinery should have been responsive to voter card requirements and RTI applications.

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National Bal Bhawan claims procurement of AC is personal information

personal-information-rtiWhen an RTI Applicant sought information from National Bal Bhawan on enquiry report/orders of the two member committee inquiry about the purchase of 100 ACs for the National Bal Bhavan and the related electrical works First Appellate Authority (FAA) denied information on the grounds that it is exempted under RTI Act, the same is hit by Section 8(1)(j) of the RTI Act as it is personal information and disclosure of which is not in larger public interest. Read more about what is Privacy under RTI Act.

The Central Information Commission (CIC) declined to accept the contentions of the Respondent authority and directs them to furnish the 2 Member Inquiry report and other information sought by the appellant. Read more ›


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Railways Recruitment Board advised not to destroy examination copy

record-retention-rtiIn a Central Information Commission hearing it was advised to Railways Recruitment Board advised not to destroy examination copy during the pendency of a RTI appeal. It was advised by CIC to Change their record retention policy so that a marksheet which is under consideration in an appeal under RTI Act is not destroyed.

It was also advised to put on Railway website basic details about every examination after the results are declared e.g. copy of question paper, key answersheet, cut off marks etc.

The RTI Applicant has south information on the total marks obtained, copies of question paper and key answersheet, copy of OMR answer sheet and cutoff marks merit of General, OBC & SC/ST categories in the above examination. Read more ›


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Disclosure of objections of the third-party is a right

third-party-decisionWithout Disclosure of objections of the third-party information, the appellant cannot make an informed judgement about challenging the Appellate Authority (AA) decision. Denying the RTI Applicant the requested information will mean handicapping him in exercising his legal right. A decision not to disclose the information to the petitioner in view of the objections of the third-party is itself justiciable.

CIC noted that:

The petitioner has every right to question the decision of the CPIO or the AA about not disclosing a third-party related information ― a right which cannot be discharged unless the full facts about the reason for objection by the third-party is disclosed to the petitioner.

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Public Authority can’t deny information on the behest of any resolution taken by them

rti-resolutionIn a recent decision, CIC has ruled that Public Authority can’t deny information on the behest of any resolution taken by them. National Joint Committee for the Steel Industry (NJCS) which is an umbrella body of the unions of SAIL and RINL had made a self resolution that NJCS is a bipartite forum which comprise of workers and management representatives. The decisions taken in NJCS are only circulated in the form of Notes of Conclusions among the Members of NJCS only. The same are for internal use of members only and as such, cannot be shared under RTI.

NJCS is a bi-partite forum and as such information pertaining to NJCS cannot be provided under RTI Act…..

Even CIC had earlier decided that as 80 to 85% of the funds for this body come from SAIL Steel plants. Hence, this entity is held to be a public authority u/s 2(h)(d)(i) of the RTI Act. (decision of the Commission in F.No. CIC/LS/A/2012/002516 in the matter of M D N Panicker vs SAIL). Thus clearly National Joint Committee for the Steel Industry as a public authority is under an obligation under the statute to provide such information to maintain transparency.

Public Authority can’t deny information

Another RTI application was denied by taking recourse to it’s resolution. However, CIC held that

The resolution taken by NJCS in its 247th meeting is not in conformity with the provisions of RTI Act. Public Authority can’t deny information on the behest of any resolution taken by them unless it is exempted under Sec 8 of the RTI Act, 2005.

What are your views? The decision can be read here!


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No provision for condoning the delay in filing the appeal

late RTI AppealFirst Appellate authority (FAA) under RTI Act rejected the Appeal just because it was filed beyond 30 days, in the pretext that “There is no provision under RTI for condoning the delay in filing the appeal”. The commission retreated Section 19 (1) of RTI Act and directed FAA that “the First appellate authority should not reject the first appeal filed beyond the prescribed period without hearing the appellant and consider the reason of delay.”

First appellate authority should have considered the reasons for delay proposed by appellant as proviso to section 19 (1) of the RTI Act provides:

“Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.”

For RTI Discussions and help, log on to our forum here!

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Five hearings of CIC could not fetch Medanta Medicity hospital land allotment details

land-for-saleThe Commission in their five hearings had directed CPIO of  HUDA to produce the file notings of allotment of land, application of Medanta, and the prevailing market rate and circle rate of land in that area, at the time of allotment to Medanta Hospital. The best response till date has been “No Control of the Private Hospital” which the commission finds it to be incomplete and misleading information.

Earlier, Sh. Subhash Chandra Agrawal, the Appellant through his RTI application had sought for information in relation to news ­item “Probe medical lapse that killed former CJI” where former CJI Justice MN Venkatachaliah was amongst 34 eminent citizens who have demanded through their letter addressed to P.M to probe into the medical lapse which allegedly killed the former CJI Justice JS Verma.

Two questions in reference to Medanta Medicity which was asked:

Has the hospital referred in query (5) above been provided any other facility or control either from Union government or from the concerned State Government? 8) If yes, please provide details.

9) Has the hospital referred in query (5) above been altered land from Government at some subsidised/institutional either from Union Government or from the concerned State Government?

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Sanjiv Chaturvedi asserts himself as third party after hearing media reports

Third PartyMr. S.C. Agarwal in his RTI application sought copies of communication made between the PMO and DoPT about IFS officer Mr. Sanjiv Chaturvedi. Commission by its Order had directed MoEFCC to provide point­wise information. Further,  S.C. Agarawal in his RTI appeal stated that his RTI is concerned with larger public interest in constitutional governance and zero­ tolerance of corruption, and thus more information was allowed by CIC. Central Information Commission had directed the PMO to apply the doctrine of severability, while disclosing information of inter­departmental notes to the appellant, i.e., avoiding information which cannot be disclosed and provide the information about Mr. Sanjiv Chaturvedi.

Meanwhile, Mr. Sanjiv Chaturvedi, the IFS officer, whose name appeared in the RTI application filed an application stating that he came to know from media report that an order has been passed by CIC with respect to CBI investigation into Haryana Forestry Scam, in an appeal filed by Mr. Subhash Chandra Agarwal against M/o Environment, Forest and Climate Change. Mr. Sanjiv claimed that the matter was very vital for his career and thus he should be permitted to intervene in the matter. Mr. Sanjiv Chaturvedi submitted that the opinion furnished by the DoPT to the appellant would have a serious implication on his career. Read more ›


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CIC imposed penalty over both PIO and RTI Applicant

child privacy under rti actIn an unprecedented decision, CIC imposed a penalty over RTI Applicant even though the RTI Act do not provide for the same. Central Information Commission while deciding the case recorded that “Though the RTI Act has not provided to impose penalty against the RTI applicant, the Commission record its contempt against RTI Applicant for misusing the RTI Act against the school child and imposed a penalty of Re. 10/­ which is to be paid to the Principal of the School”.

Commission,  also directed the then CPIO and the Principal of the School to show cause why maximum penalty should not be imposed on both of them and disciplinary action be initiated against both of them for not complying with the provision of Section 11 of RTI Act and causing breach of the privacy of the child and his parents. The Commission directs the Principal and CPIO to show cause why compensation of Rs 1000 each be paid to the child for the loss they caused by breaching his privacy.

The Commission holds that information exempted under section 8(1)(j) was disclosed and because of which the right to privacy of the child and his parents was violated by the Principal and CPIO. The Commission directs the CPIO and Principal not to disclose the personal information of the students to any person, much less to his so called relatives without following the procedure under Section 11 of the RTI Act. Read more ›


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Delhi Chief Minister and CMO playing Ping Pong with RTI Application

PING PONG RTIDelhi Government 38 Departments are allowing Ping Pong with RTI Applications, claims the RTI Applicant. A senior Citizen RTI Application asking for handicapped pension for his wife was transferred to 29 Public Information Officers (PIOs). Among those authorities, some of them transferred the application to each other.  The issue is in fact, multiple transfers of the RTI application from CM office to a number of PIOs, spending huge amount of money on the correspondence and yielding nothing.

Can Govt spend public money on such purposeless transfers? There appears to be a serious governance crisis as the appellant and the citizens similarly placed, are not getting any information under the RTI Act from Delhi Government, noted CIC.

Applicant stated that “When the question was nonpayment of pension, it is supposed to be decided by the office of the CM, and it cannot simply shirk its responsibility by transferring the RTI application to the MCD”.  Read more ›


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