RTI Application and appeal filed by two citizens

The issue before the CIC was whether to hear the appeal in cases where the RTI application, first appeal and the subsequent second appeals was filed collectively by two citizens. The CIC referred to Section 6 (a) of the RTI Act, which stipulates that a person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made. The CIC observed that in the instant case, the RTI applications, the First Appeal and the subsequent second appeal, all have been filed collectively by two citizens, Pawan Gupta & Vijender Kumar Gupta and therefore, the RTI applications, first appeals and second appeals, not being filed in individual capacity, are not maintainable. The CIC dismissed the appeal.

Comments

In case of Mr Samir Kumar Haldar v. Employees Provident Fund Organization, CIC/SG/A/2010/001429/8585 dated 16 July 2010, the appellant had filed an RTI application which was also signed by seven other people. The CIC observed that the PIO's rejection was completely wrong since there is nothing in the law or the rules preventing more than one citizen from submitting the RTI application. The CIC referred to Section3 of the RTI Act which states, "Subject to the provisions of this Act, all citizens shall have Right to Information". The CIC had then ruled that the PIO's rejection has no basis in law.

Citation: Pawan Gupta & Vijender Kumar Gupta v. University Grants Commission, Second Appeal No. CIC/UGCOM/A/2023/140271; Date of Decision: 05.11.2024

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com