RTI Corner

Information pertaining to crash of an Attack Helicopter (IA 2148) of Indian Army on 25 January 2021 in an operational area near international border was sought by Mr Manik Chopra who was Commanding Officer of the said attack helicopter unit when the incident took place. A Court of Inquiry was initiated to investigate the circumstances in which the accident occurred. A certified copy of Preliminary Report received by HQ Western Command on 15 Jun 2021 was denied by the PIO under section 8 (1) (e) & 8 (1) (h) of RTI Act. The appellant alleged that certain officers arranged a copy of Preliminary Report and used it to attach and subsequently post out him (appellant) without providing a copy of the report to defend himself as per the provisions of natural justice. The respondent stated that purpose of the Preliminary Report in the instant case was limited to identify any immediate concerns relating to the safe operation of the attack helicopters and recommend precautionary measures to arrest similar occurrences in the highly active operational area, and the same had no relevance to either investigation by the court of Inquiry in the matter or subsequent departmental action against the appellant. In addition to the above, the communication of the said report to any person not authorized, may prejudice the National Security and also adversely affect the war preparedness of the Indian Army. It was also submitted that the information sought was held with their Headquarters Western Command in fiduciary capacity, disclosure of which would prejudicially affect the security of the state and no public interest was involved in the request of the appellant. The CIC held that the reply given by the respondent is in consonance with the provision of the RTI Act and no interference is required.
Comments
As a Commanding Officer of the attack helicopter unit, the appellant was privy to all the records of the relating to the unit. In matters where national has been cited, the decision tends to be against the appellant. Ordinarily, any person charge-sheeted is given an opportunity to defend himself.
Citation: Manik Chopra v. Western Command, CIC/IARMY/A/2022/147250; Date of Decision : 19-02-2024
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

The appellant sought for certain information from University Grants Commission (UGC) - a photocopy of the rules that education institutions cannot keep original documents of students such as marksheet, passing certificate, Migration certificate and other documents. He further asked for the number of members of NAAC team visit a college during inspection, the checks carried out by them, cost for NAAC inspection per college / per university, source of UGC revenue etc. Dissatisfied with the response received, the Appellant approached the CIC. The CIC observed that the appellant communicated to the Registry that he had received the requisite information and was not willing to pursue the second appeal any further. The CIC held that there is no scope for further intervention in the matter.
Comments
The UGC website contains some information on their website such as Annual reports. However, most of the information sought in the RTI application ought to have been provided suo-motu by the UGC. In this case, the CIC should have directed the UGC to put the information on their website. It would be prudent for the UGC to consider putting up a series of FAQ’s for the benefit of the students and their parents.
Citation: Abhishek Ranjan v. University Grants Commission, Second Appeal No. CIC/UGCOM/A/2023/622787; Date of Decision: 16.01.2024
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

The complainant sought details of action taken on a complaint of withdrawal of money from bank account using forged signature and using ATM. Dissatisfied with the response received from the PIO, the Complainant filed a First Appeal alleging that the information provided was incomplete, false and misleading. The FAA did not pass any order. The Commission observed that the respondent furnished point-wise reply, however, both the parties remained absent during the hearing, despite hearing notices having been served upon them. The CIC took a serious note of the absence of the PIO during the hearing without prior intimation and directed to submit written explanations citing reasons for their absence during the hearing before the Commission within 15 days from the date of receipt of the order. In view of the absence of both the parties and the matter not being pressed for, the Commission found no scope for further intervention in the matter and dismissed the dismissed.
Comments
A PIO should not abstain from hearing without prior intimation lest a show cuase notice is served for imposing penalty under section 20.
Citation: Heera Shauharat v. Punjab National Bank, Complaint No. CIC/PNBNK/C/2022/141431; Date of Decision: 01.02.2024
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

The Appellant filed an RTI application seeking documentation of complete data of caste-based census completed by Govt of India since year 1991 and other related information. He specifically sought certified copies under section 2(j) (iii) of the RTI Act requesting not share any website link available in public domain claiming that he lacks expertise to analyse that data. The PIO stated that relevant information has been duly furnished to the Appellant from their official record. She added that the relevant website link has also been furnished to him. She stated that the link furnished to the Appellant is user friendly and complete data related to census 2011 is already available on website. She further stated that the data related to census 2011 is voluminous in nature and it is not feasible to furnish the hardcopy of the same. The Appellant submitted that the relevant information has not been furnished to him till date. He stated that he has clearly mentioned in his RTI Application to provide the certified copies of all the documents sought and not the relevant website link. The CIC noted that that when an information or record is already in the public domain and there is a procedure for disclosure of such information, the same cannot be said to be held or under the control of public authority and it is deemed to be given to the public at large.
Comments
The officers of the public authorities who are designated as CPIOs have other duties and the duty to be discharged by them as CPIO is mostly an additional responsibility. Dealing with request for information is a time consuming process which is a drain on the resources of the public authorities. Ordinarily, photocopies of records which are already made in the public domain are not to be provided.
Citation: Shri Prashant Vilas Dhasal v. Office of the Registrar General of India, Second Appeal No. CIC/ORGOI/A/2022/643113; Date of Decision: 18.01.2024
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