If First Appellate Authority claims that applicant has expressed satisfaction with the information furnished before the appellate authority, does the Appellant is precluded from preferring a second appeal on the same RTI application.? The Central Information Commission rejected the claim and directed the FAA to again hear the applicant afresh after affording an opportunity of hearing.
The Commission relied on Section–102 of The Indian Evidence Act, 1872 which is extracted hereinafter:
102. On whom burden of proof lies.-The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
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It is a settled proposition of law that details of official tours, leave record of a public servant are not exempted per se from disclosure. The citizenry has a right to seek information regarding acts done by a public servant in discharge of his official duties except when the same is qualified under Section 8 of the RTI Act, 2005.
Medical details of the spouse of an officer is personal information
The CIC in its decision stated that medical details of the spouse of concerned officer are personal in nature and revelation thereof shall cause unwarranted invasion of the privacy.
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- Privacy Rights of Public Servants
The decision is available here!
Can one make RTI as a hobby? Especially when there is no public interest? In the hearing at Central Information Commission, an RTI applicant stated that ‘Filing RTI is my hobby, and there is no public interest in those RTI”.
CIC came heavily on to the applicant and stated that such hobby of filing RTI without any public interest causes loss of both time and energy of the Government and it causes disproportionate diversion of the resources of the public authority. (Clause 7 (9) of the RTI Act 2005)
CIC warned the applicant not to waste time and resources of the public authority, or else Central Information Commission shall not take cognisance of such appeal or complaint. Read more ›