Whispers Forum

The CPIO), M/o. Finance, Department of Economic Affairs, denied the information sought in the RTI Application by stating that “the information sought is not available with this CPIO.” Being aggrieved with the response given by the respondent, the complainant filed a complaint under Section 18 of the RTI Act before the CIC requesting to take appropriate legal action against the CPIO under Section 20 of the RTI Act. Before the CIC, the CPIO Shri Rajeev Ranjan submitted that since the information sought was not available with their office, accordingly the same has been informed to the complainant. Therefore, in his opinion this was the only reply which should have been given to the complainant. The CIC observed that the CPIO is not required to give his own judgments on the issue but he should have specifically/point-wise denied it that the information sought is not available as per their records or should have sought the assistance of the concerned CPIO/department under section 5(4) of the Act in order to give specific reply. Terming any information unnecessary is not warranted. The Commission took a serious note of this fact and held that the conduct of the then CPIO is highly objectionable. A show-cause notice was issued to the CPIO why penalty should not be imposed for contravening the provisions of the RTI Act.
Comments
The RTI Act makes the PIO the pivot for enforcing the implementation of the Act. The Hon’ble Delhi High Court in the case of J.P Agrawal v. Union of India-2013(287) ELT25(Del.) held that it is the PIO to whom the application is submitted and it is who is responsible for ensuring that the information as sought is provided to the applicant within the statutory requirements of the Act.
Citation: Mr. Varun Krishna v. CPIO M/o. Finance, Department of Economic Affairs in Complaint No. CIC/DOEAF/C/2020/665367, Date of Order: 01-11-2021
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

If anecdotal evidence is anything to go by, what is the reason that candidates are spending enormous amounts of money to win elections for Gram Pradhan? Does it have anything to do with the scope of corruption in rural areas? This angle will have to be examined while policies are being made. The poor, under privileged and weak are hardest hit by such things.
Vijay Kumar
Congratulations to CRB
Heartiest congratulations on your elevation as CRB, the biggest railways of the world.
CA R C Agrawal, Civil Lines, Prayagraj

With few months to Assembly polls in five states, former Congress president and MP Rahul Gandhi has again flown abroad on Wednesday morning on "a personal visit". Only recently, ahead of the winter session of Parliament, he had travelled abroad for almost a month and returned just a day before the commencement of the session. Rahul's visit abroad comes at a time when political parties are pacing up their campaigning for the upcoming polls in Uttar Pradesh, Punjab, Uttarakhand, Goa and Manipur, which are due next year. Rahul himself was scheduled to address a party rally in Moga district of Punjab on January 3 to kick start campaigning in the state. However, now it may be postponed. With a delay in campaigning, it could seemingly impact the party's vote bank in the state and bring down chances of the party retaining power.
Paraj Saxena