RTI Application by Director of a company

An application was filed under the RTI Act by Shri Shankar Khalid, Director for Shivani Flexipack Ltd. seeking certified copies of E.R.1s electronically filed by them and related information. The CIC observed that there is nothing on record which shows that the RTI and second appeal has been filed by a ‘citizen’ as per Section 3 of the RTI Act and by the applicant. Information should have been sought by the same citizen in his individual capacity at the time of appeal. In the present case, the appellant has nowhere mentioned that he/she has sought information in his/her individual capacity but as legal entity. The appellant has also not proved his/her identity or given any of his identity proof to show that he/she was seeking information in second appeal in his/her individual capacity. The CIC held that the appellant is a company but not an individual and therefore, the RTI application/appeal of the appellant is not tenable as per Section 3 of the RTI Act.

Comments

As per the provisions of the RTI Act, only a citizen has the right to obtain information from a public authority and to file appeal. In many cases the CIC has held that if a verifiable name is there is an application, it is can be taken as an application filed by that individual who also happens to hold a position in a company.

Citation: Shivani Flexipack Ltd. v. CPIO, O/o. The Assistant Commissioner Central GST, Division-I, Satara in Second Appeal No. CIC/CCSTM/A/2019/104058, Date of Decision: 27.01.2021

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com