whispers in the corridors
Information about muster roll
RTI application was filed through online module seeking information about the muster roll. The respondent submitted before the CIC that the applicant is habitual to filling useless RTI applications in department "which has no relationship to any public activities or interest or which would cause unwarranted invasion of the privacy of the individual” under section 8 (1) (j) of the RTI Act. The appellant’s representative pleaded that information has been wrongly denied by the PIO ignoring the fact that Appellant’s name was included in the muster roll. Respondent stated that they receive humongous number of muster roll and each of which contains the attendance records of more than 100 of working staffs wherefrom it is difficult to severe the records of only one person i.e. Appellant. Each month there are several muster rolls charged to the account and voucher number is assigned to each. Hence, without the voucher number, the replying respondent will not be able to locate the sought for specific muster roll. The voucher number would be known to DDO i.e. AC, Shahdara South, Delhi as the disbursement has been made by his office and muster roll register is also maintained by their concerned department. The CIC held that the blanket denial of information by the PIO ignoring the fact that the Appellant has sought the muster roll and attendance records of his own along with other safai karamachari, is not appropriate as per the provisions of the RTI Act as he is entitled to know information regarding himself. The CIC directed to provide revised information to the Appellant concerning himself free of cost, after accessing the information from the actual custodian by invoking Section 5(4) of the RTI Act. The Respondent was directed to redact that part of information which is exempted from disclosure and to afford an opportunity of inspection of relevant records to the Appellant on a mutually decided date and time.
Comments
In many cases in the past, the CIC has held that copy of muster roll should be provided. Those who are aware of the origin of the Transparency movement which led to RTI Act would recall the ‘Jansunwais’ by the Mazdoor Kisan Kisan Shakti Sangathan (MKSS). The MKSS uncovered various frauds like fake muster rolls, overbilling in purchase, underpayment of wages etc. by access to the official records and public documents.
Citation: Nikki Mukesh v. Office of the Dy. Controller of Accounts, Municipal Corporation of Delhi, CIC/MCDND/A/2023/124366, +/124367; Date of Decision: 05.09.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com