Whispers Forum

Information about an application for renewal of Notary was sought. The PIO submitted that he has assumed charge only recently and has not been able to locate the records related to the instant RTI Application. He further submitted that the notary cell was being shifted at the time from Shastri Bhawan and the records are therefore, lying scattered and is in the process of being digitised. He further sought for one more opportunity to find out the availability of the records. The CIC was unnerved at the absurdity of the submission of the PIO as the RTI Application under reference was filed on the online RTI portal vide Registration No. JUSTC/R/E/21/02460, and hence, there is no question of not being able to trace the same from the physical records. Further, it was apparent from the reply that Dr. Amit Tyagi, Deputy Legal Advisor had been the incumbent PIO for close to a year now. Furthermore, the CIC noted that the Appellant has also denied receipt of any reply to the RTI Application when the said reply is readily available on the RTI online portal. The CIC took grave exception to the fact that both the parties misrepresented the facts of the case and have caused a gross disregard to the hearing proceedings. The appeal was dismissed while calling for the explanation of the PIO.
Comments
The case is a reminder of all that is expected from all the stakeholders to the RTI Act. The PIO conduct depicts ignorance of how to look for a RTI Application while the RTI appellant does not care to even find whether a reply has been sent.
Citation: Balaji Bhagat v. Department of Legal Affairs, File No: CIC/DOLAF/A/2022/612693, Date of Decision : 07/02/2023
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

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Lack of knowledge on citizen's part
Majority of the problems, relating to the RTI regime, is because of lack of knowledge on the part of citizens. The biggest blunder is their lack of ability to make a proper RTI application. 17 years have passed since the RTI came into being. People still think that their RTI applications is a grievance of theirs. They are still not aware that in their RTI applications they cannot ask question, raise queries etc. They also cannot ask for third party information. They are expected to simply ask for information through their RTI applications. A lot of time can be saved, if along with their RTI applications, apart from sending Rs.10/- as basic RTI fee, they can also send some approximate additional amount @ Rs.2.00 per page based on 'say some pages of the document', of the photocopy of the document, which they may be needing. They should most of the time send their RTI application through Speed Post and maintain a copy of their RTI application and the Speed Post receipt. If they do not receive response from the PIO after 30 days, they should wait for 15 more days (in order to cover time of the post travel) and make an application to the FAA. Even again after 30 days, he/she does not receive response from FAA, then he should make his Second Appeal before the CIC.
Anurag

The ignorance of the provisions of the RTI Act and the apathy of the bureaucracy towards it is the prime reason for the decline of the RTI Act. The sunshine act is a pale shadow of what it was originally thought of achieving. The first appellate authority has poor understanding and a pathetic approach which is killing the RTI. With no fear of penalty, the FAA hardly cares about the role they are expected to play. There is hardly any training and the all pervasive environment of secrecy accentuates it. The net result is the poor RTI applicant runs from pillar to post with no information in hand.
V Krishnamoorthy

The complete list of tenders published for ALH production, tenders awarded, year wise expenditure statements and related information was sought from HAL through multiple RTI applications. The CIC observed that some of the replies by the PIO did not invoke any exemption clause in cases of denial of information. The information denied was not amplified or justified with proper exemption clauses under the RTI Act. Further, some of the information sought related to suo-moto disclosure and therefore, the reply given was grossly improper. The PIO failed to provide any justification for denial, as well as for not providing replies in respect of case. The CIC observed that the omission of the FAA in issuing not speaking orders and disposing of the first appeals is a matter of grave concern. Regarding the contention of the PIO that a total 44 RTI applications were filed, the CIC observed that there is no express bar on number of RTI applications that can be filed by a citizen. The idea to prevent frivolous litigation cannot be construed as preventing sincere applications seeking information related to Sec 4 implementation etc. The PIO was directed to provide a point-wise reply individually to the RTI Applications.
Comments
A PIO must invoke any of the sub-sections of section 8 or section 9 of the RTI Act in case of denial of information failing which it may be deemed to be a willful denial of information rendering him liable for imposition of penalty. All applications must be replied to individually. All FAA must pass a reasoned and speaking order within the time limit if an appeal is filed to them.
Citation: Raghu S v. Hindustan Aeronautics Ltd (HAL), File no.:- CIC/HALTD/A/2022/116372 + 19 others, Date of Decision : 10/02/2023
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