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 ›

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Ministries to keep trail of all previous Public Information Officer in the website

The Nodal Ministry, Department of Personnel and Training for Right to Information Act has earlier directed all the Ministries to keep the trail of all previous Public Information Officers in their website with effect from 1st January 2015.

One of the items to be disclosed proactively by the public authorities under Section 4(1)(b) pertains to the names, designations and other particulars of the Public Information Officers and its updation on yearly basis. It has been observed that in some of the public authorities, there are frequent changes at the level of the Central Public INformation Officer (CPIOs) and First Appellate Authorities (FAAs). During updation of the names and designations of the CPIOs / FAAs, the public authorities remove the names and designations of the earlier ones from their website.

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Storage of Income Tax records are in outdated format- CIC was informed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the privacy, the record keeping in the public authority as explained by the Income Tax Department was in an outdated format and not upgraded utilizing the modern technological tools.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

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Avoid unparliamentary language in your RTI

The commission came heavily on the RTI applicant who wrote “cheated by SBI” above his name and signatures.

If such behavior continues on the part of the appellant, the Commission will have no option but to take action as per the law of the land. The appellant is advised to refrain from the use of such language in his communications in future.

The Public authority stated during the hearing that the appellant was in the habit of writing unpalatable words like “cheated by the SBI” and using unparliamentary language in his RTI applications Read more ›

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Public Authority should give information without being bothered if at all an organisation is covered under RTI or not

Organisation is covered under RTI

It is not relevant if any organsation is covered under RTI or not, the public authority should give information which is available with him or which he can access from that organisation. In the recent matter which came up for hearing with CIC, Public Authority Canteen Stores Department, Mumbai denied information taking the plea that Unit Run Canteen (URC) is not a public authority.

“CPIO submitted that URC is not a public authority and hence information has been denied. “

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