RTI Corner

The appellant sought information on three points pertaining to his bank account no. including copies of withdrawal/deposit vouchers/slips of certain transactions. The appellant filed a second appeal before the CIC on the grounds that certified copies of the vouchers related to the transactions have not been provided by the CPIO, Indian Overseas Bank, and that the FAA did not respond to his appeal. The appellant requested the CIC to direct the CPIO to provide complete information as sought by him. The Bank submitted that point wise information was furnished to the appellant vide letter dated 25.04.2017. Further, the FAA vide his letter dated 05.06.2017 had provided copies of the vouchers as sought by the appellant vide his RTI application. The Bank, however, admitted that the copies were not certified and perhaps only copies of the front side of the vouchers had been provided to the appellant. The CIC directed the respondent to provide certified copies of the vouchers/slips (both sides - front and back) of transactions mentioned in the RTI application to the appellant within a period of four weeks.
Comments
The certified copies of documents provided under the RTI Act have evidentiary value in a court of law.
Citation:Meghnath Prasad v. CPIO, Indian Overseas Bank in Second Appeal No. CIC/IOVBK/A/2017/147091 Dated: 25.10.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at http://www.rtifoundationofindia.com/

The appellant sought the certified copy of letter no. 1/14/2012-ORR Government of India, Ministry of Home Affairs, whether the circular issued by Dr. Rajendra Prasad, First Hon’ble President of India on 10.08.1950 is available with their office. The appellant was asked to deposit Rs. 360 for 180 pages of the entire file concerning the information sought but the appellant did not respond and approached the CIC with a second appeal. It was informed to the CIC that file concerning the letter belonged to Ministry of Law and Justice and it is currently with a few researchers. It was also submitted that the files under the possession of National Archives of India are being digitized according to priority basis and the file concerning RTI queries raised by the appellant in this matter shall also be digitized.
The CIC observed that the letter as stated by both parties contains subject-matter of constitutional benefits to Scheduled Castes and categories concerning crucial issues of reservation in education and employment, which as a matter of fact and law should have been disclosed voluntarily on their website under Section 4(1)(b) of RTI Act. The Public Authority should have scanned and uploaded such files on their official website in compliance of section of 4 (1) (b) of RTI Act or even after receiving the RTI application or given the complete document in CD collecting the cost. This information should have been made available by other concerned ministries also. The CIC directed the PIO to provide soft copy of the entire document sought in a CD in fifteen days free of cost and upload the digitized form of the documents on their website as soon as possible.
Comments
The Public Authority is required to upload certain information on their official website in compliance of section of 4 (1) (b) of RTI Act.
Citation: Renu Jain v. Department of Education Dr. Mallikarjun K S - DDE Mr. V.K. Kajal -PIO in F. No. CIC/DIRED/A/2017/188568, Date of Decision: 23.07.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at http://www.rtifoundationofindia.com/

The Appellant claimed illegal removal from employment in the Maharaja Agarsain Public School. The PIO made all possible efforts to procure the necessary information from the School and the actual grievance of the appellant was redressed. A show cause notice was issued for imposing penalty. The PIO tendered an unconditional apology for the delay in dissemination of information. The CIC held that the PIO made all possible efforts to procure the necessary information from the School, who is the actual custodian of information and the actual grievance of the appellant has also been redressed. The appellant informed the CIC that she is satisfied with the information received. The CIC exonerated the notice from the penal proceedings.
Comments
Penalty can be imposed on the PIO for malafide denial of information and the onus is on the PIO to show that the denial was legal.
Citation: Renu Jain v. Department of Education Dr. Mallikarjun K S - DDE Mr. V.K. Kajal -PIO in F. No. CIC/DIRED/A/2017/188568, Date of Decision: 23.07.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at http://www.rtifoundationofindia.com/

The Appellant who worked in Coal India Limited (CIL) sought certain information, acting as a whistleblower to corroborate his complaints which he has filed to unearth misappropriation. The CIL stated that the matter had been sent for investigation to CVC on 23.07.2013 and no response has been received thereafter despite reminder on October 2013. The CIL submitted that certain information was denied claiming exemption under section 8(1)(h) of the RTI Act while minutes of the meeting had not been received from CVC, hence not available with the Respondent to provide. The CIC noted that the complaint filed by the appellant has been pending since year 2013. The fate of the complaint is yet to be decided by the CVC, despite passage of more than reasonable period of time. It is worrisome and unfortunate to note that such inordinate period of time is taken in completion of investigation of a complaint, even by the CVC. Hence, the CIC directed the PIO, CIL to transfer the RTI application to the concerned PIO, CVC who in turn shall submit before the CIC the report submitted to the CVC by CIL and the current stage of the investigation pending before the CVC alongwith the possible timeline for conclusion of the Investigation. The CIC made it clear that non compliance of the directions shall attract appropriate proceedings, as per law.
Comments
The CIC has so far refrained from asking for a possible timeline for conclusion of the Investigation in cases of delay. The case indicates the possible use of RTI Act for expediting the proceedings in certain cases.
Citation: Shri Ainul H Mazumdar v. Coal India Limited in F. No.CIC/CILTD/A/2017/111036, Date of Decision: 10.08.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at http://www.rtifoundationofindia.com/