Blog Archives

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

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Storage of Income Tax records are in outdated format- CIC was informed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maintaining the privacy, the record keeping in the public authority as explained by the Income Tax Department was in an outdated format and not upgraded utilizing the modern technological tools.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 ›




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 ›




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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