Role of the Information Commission

The appellant filed a complaint against a JNU Registrar and wanted the Central Administrative Tribunal (CAT) to take action against him. The PIO informed the appellant about the fact that the averred complaint filed by him was filed in their records without action as it did not concern the role and functions of CAT. The CIC upheld the stand of the PIO observing that the Appellant appears to be harbouring a grievance against the action/inaction on his complaint against a JNU professor filed by him with various authorities like PMO, MHRD etc. as he believes that the forwarding of the said complaint to the concerned JNU professor by these authorities is a travesty of justice against which he complained to CAT thereafter.

Comments

An appellant should restrict his RTI Application to seeking information as it is beyond the powers of the Information Commission to decide any other matter. The Apex Court in the matter of Union of India v Namit Sharma (Review Petition [C] No.2309 of 2012) observed that while deciding whether a citizen should or should not get a particular information “which is held by or under the control of any public authority”, the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority. The High Court of Delhi in the case of Hansi Rawat and Anr. v Punjab National Bank and Ors. (LPA No.785/2012) held that the proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished.

Citation: Chitresh Kumar Banjare v Central Administrative Tribunal in File No : CIC/CADMT/A/2021/114543, Date of Decision: 16/06/2022

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