RTI Ignorance of the provisions of the RTI Act
The appellant sought copies of the appointment letters issued to the dependents of the deceased employees for appointment on compassionate grounds during a particular period. During the hearing, the appellant’s representative submitted that the father of the appellant was an employee and hence, information should be given. The CIC observed that the information sought is related to third parties and rightly rejected by the respondent. However, the exemption clause was not correctly quoted. The personal information of third parties are exempt u/s 8(1)(j) of the RTI Act. The CIC further observed that the FAA failed to dispose of the first appeal on time which is a sorry state of affairs. The CPIO and the FAA were both cautioned to be careful regarding the provisions of the RTI Act.
Comments
This is a case where the CIC held that this is a third party information which is duly exempt under the RTI Act. However, both the CPIO and the FAA were at the receiving end due to ignorance of the provisions of the RTI. The CPIO did not quote the correct exemption clause while the FAA did not follow the timeline. All officers must learn the basics of the RTI Act to save themselves from such humiliation.
Citation: Rajesh Nayak v. The CPIO O/o the Cantonment Board Ramgarh, File No. CIC/IARMY/A/2021/132210, Date of Decision: 02.11.2022
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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