Blog Archives

Find various decisions pertaining to Government Ministries and Department related to Right to Information (RTI)

Examination Copies cannot be denied on grounds of Delhi High Court Stay

Examination Copies Denied under RTIThe CPIO stretched High Court Stay and Supreme Court judgement to justify denial of answer sheet. There is considerable difference in the context in the case of denial of Examination Copies and that of the stay order (supra) of the Hon’ble Delhi High Court . The stay was granted on the primary objection of the petitioner (Union of India) that the answer scripts ordered to be disclosed had been already weeded out as per relevant policy.

The commission recorded that “In the circumstances, Commission fails to appreciate the contention of the CPIO, as to how the said stay order is being stretched to justify denial of answer sheet in the present case.”

Similarly, the claim that Aditya Bandhopadhyay case applies for answer scripts of qualifying exams was unsubstantiated by Read more ›




Reason for withdrawal of RFP to be informed to the vendors in Defence Procurement

Reason for withdrawal of RFPThere should be greater transparency and accountability in the process of Defence Procurement, in as much as the vendors should be apprised of the reason for withdrawal of proposals or rejection of proposals- CIC

During the hearing on 31/08/2017, the Commission stated that that there should be greater transparency and accountability in the process of Defence Procurement, in as much as the vendors should be apprised of the reason for withdrawal of proposals or rejection of proposals.

The earlier Appeal in this regard and the in the present case (S_C_Sharma_171292) reflected on the lack of any such mechanism in place which leaves the vendors aggrieved and wanting for information from all channels. Although, RTI Act allows for the exemption of Section 8 (1)(d) to deny the information, but as a common proposition, more and more disclosure should be encouraged in such cases to avoid casting aspersions on the procurement process. Read more ›




No legal provision debars disclosure of information pertaining to an unauthorised construction

Central Information Commission agreed to the RTI applicants right to seek information in the case considering that no legal provision debars disclosure of information pertaining to an unauthorised construction, particularly one which is directly affecting the RTI Applicant.

The Commission stated that as the applicant is a stakeholder in the Society and affected by the unauthorised construction and illegal usage of the flat for running an industrial unit, therefore, is directly adversely impacted by such act of the owner of the premises. The East Delhi Municipal Corporation denied information invoking Section 8(1)(e) and (j) of the RTI Act, 2005. The commission stated that these provisions are not applicable since the information sought is neither personal in nature nor is information about unauthorised construction held in fiduciary capacity by the East Delhi Municipal Corporation. Read more ›




Storage of Income Tax records are in outdated format- CIC was informed

On a second appeal hearing filed in reference to leakages of Confidential Data filed by the Tax Payer,  it was observed that maintaining the privacy, the record keeping in the public authority as explained by the Income Tax Department was in an outdated format and not upgraded utilizing the modern technological tools.

Commission after considering the gravity and seriousness of the issues raised by the Appellant, found that there is an emergent requirement to investigate the root cause of the leakages of Confidential Data filed by the Tax Payers and plug the loopholes forthwith. The commission asked Pr. CCIT to investigate the matter considering that it is essential to protect the Confidential Financial Data filed by millions of Tax Payers from falling into wrong hands in the larger public interest.  Read more ›




Department of Legal Affairs Public Authority to show termite eaten records

termite-eating-government-filesThe Public Authority claimed that records were eaten by the termite and the same could not be provided.  It is pathetic to note that such an important department like “Department of Legal Affairs” comes up with an explanation that it could not give information as records were eaten away by termite, notes Central Information Commission. It was directed to produce termite eaten records.

It sadly reflects the state of notary/legal records. Notary Public is an important public functionary which documents certain activities for the purpose of legal consideration of transactions in the court of law. If notaries claim that their records are not produced to regulatory or contend that they are eaten away by termite, it gives rise to serious suspicion about the genuineness of concerned notary transactions, which the public authority is duty bound to check.

The Public authority and the notary are under a legal duty to protect and preserve such records/registers.  If records are truly eaten away the termite, they owe an explanation to the people why they failed to prevent it.  They also have a duty to give  Read more ›




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