RTI Corner

The appellant sought to know about the movement of his complaint to DDA and the action taken on it. The CIC observed that till date no information has been provided to the appellant on his RTI application dated 26.08.2018. Instead of transferring the RTI application to one specific PIO, the Nodal PIO had transferred the same to numerous PIOs within the public authority without application of mind. The CIC expressed its anguish observing that the RTI Act is clearly violated by the hands of the DDA and the PIOs are handling the RTI application with lackadaisical approach. A notice was issued to the then PIO, Commercial Land branch to show-cause as to why penalty should not be imposed on him for contravening the provisions of the RTI Act by not giving any reply to the appellant on his RTI application within the stipulated period of time as per the provisions of the RTI Act. The CIC advised the Vice Chairman, DDA to look into the style of work in the RTI cell and what methods are being adopted by the Nodal PIO regarding the disposal of RTI applications.
Comments
The PIO is only a communicator of information based on the records held in the office and hence, he cannot be expected to do research work to deduce anything from the material therein and then supply it to the RTI Applicant. However, the Nodal PIO should analyze the RTI application properly and then transfer the same to the specific PIO. One RTI application should not lead to multiple appeals just because of indiscriminate transfer of RTI Application.
Citation: Akshay Kumar Malhotra v. Delhi Development Authority in Complaint No. CIC/DDATY/C/2019/101384, Second Appeal No. CIC/DDATY/A/2019/101389, Complaint No. CIC/DDATY/C/2019/101502 and Second Appeal No. CIC/DDATY/A/2019/100447, Date of decision: 19.10.2020.
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

The appellant passed intermediate examination from NIOS in the year 2015 but the name of appellant’s mother was incorrect in the passing certificate. The appellant had submitted a demand draft of Rs.350 in favour of Secretary, NIOS on 24/08/2017 for correcting his mother’s name in the passing certificate. In this context, the appellant sought under RTI to provide passing certificate with correct name of appellant’s mother.
The appellant filed an appeal to CIC as a duplicate copy of his passing certificate was not issued to him. He was informed by the CPIO and the FAA that the correction in his mother’s name was done and which was also published on their website. It was clearly informed that there is a proper procedure to apply for a new passing certificate and for this, the appellant has to submit a proforma duly filled in with all the required details accompanied by the requisite fee. It was also stated that a passing certificate cannot be provided under the RTI Act. The CIC concurred with the submissions of the PIO as under the provisions of the RTI Act only the available and existing information can be provided and in this particular case, the appellant has prayed that his correct passing certificate may be issued. The issuance of a correct passing certificate in itself means the creation of new information which does not come under the provision of Section 2(f) of the RTI Act. The CIC ruled that in case the appellant wanted a correct copy of his passing certificate, he was bound to follow the procedure laid down by the concerned authority in this regard.
Comments
The rights of an applicant under the RTI Act is limited seeking and obtaining information as defined under section 2(f) of the Act.
Citation: Shri Amarendra Chaudhary v. UIDA in Second Appeal No. CIC/NITIA/A/2018/127581, Complaint No. CIC/NITIA/C/2018/648714, Date of Decision: 31.10.2020
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

An application was filed under the RTI Act seeking copies of documents related to the biometric attendance of all the staff members of Office of Vice Chairman, NITI Aayog during a particular period. The information was denied claiming that the bio-metric attendance of staff is an arrangement between the employees and the employer which fails under personal information category, the disclosure of which has no relationship to any public activity or public interest and disclosure of which would cause unwarranted invasion of privacy of the individuals. The CIC observed that the applicant has failed to establish that the information sought for is for any public interest, much less 'larger public interest'. The CIC ruled that the requested information cannot be supplied to the applicant under Rule 8(1) (j) of the RTI Act.
Comments
In the case of R.S. Gupta v. Govt of GNCTD and Ors., LPA 207/2020 dated 31.08.2020, the Delhi High Court held that the attendance record is part of service record which is a matter between the employee and the employer and ordinarily these aspects are governed by the service rules which fall under the expression "personal information".
Citation: Shri Amarendra Chaudhary v. UIDA in Second Appeal No. CIC/NITIA/A/2018/127581, Complaint No. CIC/NITIA/C/2018/648714, Date of Decision: 31.10.2020
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

The appellant sought the proceedings and action taken report on his letter dated 12/08/2018 addressed to Sh. Prakash Keshav Javadekar, the then MHRD Minister. The representative of the CPIO submitted that it was only after the receipt of the CIC’s hearing notice that they came to know about the present RTI application. They thoroughly searched all their records but were not able to trace the RTI application, first appeal and even the representations mentioned by the appellant in his RTI application. The appellant submitted that it has been 02 years since he has filed his representation and the RTI Application and after such a long delay, merely stating that the RTI application and the representation are not traceable is making a mockery of the grievance redressal mechanism and also of the RTI Act.
The CIC held that the justification of the representative of the CPIO is not acceptable in toto as it was the fault of the RTI Cell who have failed to attach the relevant documents with the given FTS and it was left blank. The CIC expressed its extreme displeasure at the conduct of the respondent organisation as a whole for such poor handling of the RTI applications and negligence towards the implementation of the RTI Act. The appellant was directed to e-mail the copies of all the relevant documents as referred to in his RTI application to the representative of the CPIO. The CIC also instructed the Secretary, Ministry of Education to relook at the delivery mechanism in vogue in respect of the implementation of the RTI Act and take necessary steps to streamline the system of receiving RTI Applications and First Appeals.
Comments
All public authorities must ensure that the records relating to the RTI Applications and their replies are maintained properly.
Citation: Naresh Mokate v. Ministry of Education in File no.: CIC/MOHRD/A/2019/108482, Date of Decision : 26/10/2020
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