Information Officer is not required to furnish information which require drawing of inferences and/or making of assumptions. In the decision Kerala HC – Mohd Saiyad Vs State, decided that though RTI Act provides access to all information that is available and existing, if the information sought is not a part of the record, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast any obligation, to collect such non-available information and then furnish it to an applicant.
The Information Officer is also not required to furnish information which require drawing of inferences and/or making of assumptions.
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This compilation of important CIC decisions is for use by various stakeholders including public authorities (APIOs, PIOs and Appellate Authorities), Civil Society and Citizen groups as comprehensive guidelines for effective implementation of the Act. Originally these have been published by Institute of Secretariat Training and Management (ISTM), New Delhi. We have curated the decisions listed there for crisp and easy comprehension of a common man.
We have attempted to compile them in one table format which is easily searchable. The last column also contains the citation details which can be used for citing at various places. We hope you shall find them useful. If you have more such cases to add, do let us know and we shall update them. Also if there are update to decisions posted in the compendium, may also be brought to our notice at forum! Read more ›
In what could be a relief to thousands of RTI Activist and Information seekers, Kolkata high court has allowed use of post box in filing RTI which shall enable contact of a user with the authority without revealing personal details of the information seeker. You do not need to worry about your safety when Post Box is there. Also you do not need anybody else to file RTI on your behalf. DoPT in its circular dated 8th January 2014 has forwarded the circular to all ministries to allow the use of Post Box as a valid communication medium between an applicant and authority. The circular is available here!
“41 Paisa per day, secure your privacy each day”, and avail the Post Box from India Post. In what could be a game changer there would be heavy demand for Post boxes across India to avail the near anonymous RTI filing. Post Box is available at Rs. 150/- per Read more ›
Apathy at its worst! Like a delayed letter, postman got his delayed justice after being wrongly accused of pocketing Rs 57.60, Umakant Mishra remained suspended from his government job for nearly 30 years.
In a story covered by TOI, writes that it took nearly 350 hearings and 29 years for Umakant to prove himself innocent, but the loss he suffered in this period was enormous.
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In most of the cases filed by a citizen for not receiving any reply from Public Information Officer (PIO) of various Departments, the Commission were merely directing the CPIO to provide the information which the complainant had sought instead of deciding the complaints on merits. There can be no dispute that while considering a complaint made under Section 18 of the Act, the Commission cannot direct the concerned CPIO to provide the information which the complainant had sought from him. The Commission has no power, while dealing with a complaint, to direct providing of the information subject- matter of the complaint. Thus Information Commission has no power to send the complaint back. The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20.
Now in a landmark decision on 28.10.2013 J.K.MITTAL Vs CENTRAL INFORMATION COMMISSION AND ANR, Delhi High Court has quashed the practice of summary disposal of complaints by remanding the matter to First Appellate Authority/ CPIO, without even hearing the complainant or deciding the complaint on merits.
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