RTI Corner

The appellant sought information regarding reasons for non-delivery and returning of his two letters, name & address of the postman who was supposed to deliver the aforesaid letters etc.. The PIO informed that since the addressee was not available, those letters could not be delivered and there was no investigation was conducted in this regard. The Central Information Commission observed that name of the postman who was supposed to deliver appellant’s letters had not been provided by the Department of Posts. Therefore, the Commission directed the to provide name of the postman who was demarcated to deliver the articles in that particular zone/circle/area, within 15 days from the date of receipt of this Order.
Comments
The RTI Act has been innovatively used by citizens for grievance redressal and improving the quality of service.
Citation: Navaratan Mal Jain v. PIO, Department of Posts in CIC/POSTS/A/2017/194596, Date of Decision – 16.03.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICand PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at - http://www.rtifoundationofindia.com/

IThe complainant sought attested copies of his answer book, some confidential documents and other related information. The CIC noted that the RTI application was received on 03.01.2014 and it was transferred to the Electrical department on 16.01.2014. The evaluated answer sheets were in the custody of the Electrical Department and the same were provided by PIO (Electrical) finally on 18.06.2015. The custodian of the confidential documents was the gazetted section and the Electrical Department and both were asked to furnish the requisite information but the delay occurred due to their non-performance in furnishing the sought for information to the personnel branch. The CIC observed that complete information had since been furnished to the applicant but the delay in furnishing the requisite information was due to wrong return of the transferred RTI application by the PIO (Electrical) and due to the time taken for collecting details from gazetted section which was the custodian of the relevant records. The CIC directed them to submit an explanation for the resultant delays of 14 months and 17 months respectively for furnishing the requisite information at the next date of hearing before it which is scheduled on 04.04.2018 at 04.45 PM.
Comments
In case of any malafide denial of information, a penalty of Rs 250/- per day extending to a maximum of Rs 25,000/- may be imposed on the PIO under the provisions of the RTI Act. The onus that the denial of information has been in good faith lies on the PIO.
Citation: Amarjeet Singh v. Northern Railway in File No.: CIC/BJ/C/2016/000001, Date of hearing: 20.12.2017, 22.02.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICand PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at - http://www.rtifoundationofindia.com/

Information regarding the total amount of black money declared, state-wise and city-wise figures under the Income Disclosure Scheme, 2016 was sought. The PIO informed that the Scheme was maintained with absolute confidentiality about the declarants and the amount declared. Sharing of such information in public domain might cause the declarants vulnerable and jeopardize their security. The CIC noted that the CBDT has refrained from issuing any statement regarding number of declarations received, amounts declared or taxes paid under the Scheme in order to ensure complete confidentiality and upheld the denial of information.
Comments
The confidential handling of declarations made under the Scheme is of utmost importance to the Income Tax Department and such information can be disclosed only if the larger public interest warrants so. A matter of public interest does not mean that which is interesting as gratifying curiosity or a love of information or amusement but that in which a class of the community have a pecuniary interest, or some interest by which their legal rights or liabilities are affected.
Citation: Mr. Vimlesh Kumar Verma v. Ministry of Finance, Department of Revenue in Appeal No.:-CIC/DOREV/A/2017/102892-BJ, Date of Decision: 05.03.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICand 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 information in connection with a particular tender - technically sanctioned estimates alongwith all document, Comparative Statement prepared after opening of technical bids, reasons for long delay, decision until its opening and issues related thereto. The CIC noted that the tender process had since been completed. The CIC advised the Respondent to suo-motu disclose all tender related information pertaining to this matter on their website keeping in view the larger public interest involved in such matters. The CIC noted with serious concern that the FAA had also not acted in accordance with the provisions of the RTI Act, 2005 and advised the public authority to be alert and cautious.
Comments
The act of entering into an agreement with any other entity by a public authority is a public activity and every citizen is entitled to know on what terms the Agreement has been reached. The Division bench of Jharkhand High Court in State of Jharkhand v. Navin Kumar Sinha and Anr. held that once a decision is taken in the matter of grant of tender, there is no justification to keep it secret. The appeal against the aforementioned decision was dismissed by the Hon’ble Supreme Court of India.
Citation: Mr. M. R. Sonaje v. Office of the General Manager, ISPN in Appeal No.:-CIC/ISPNR/A/2017/191825-BJ, Date of Decision: 02.02.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICand PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at - http://www.rtifoundationofindia.com/