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RTI Corner

Key RTI rulings, CIC decisions and what they mean for citizens — archived by date.

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March 2020 2 posts

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Monday, 16 March 2020

Possibility of unrest amongst unions

The appellant alleged that there were irregularities in the dividend distributed to the beneficiaries by the ITI Colony Welfare Committee (Gas Agency) and sought information about the dividend distribution. The PIO submitted that the information sought by the appellant cannot be given as the disclosure of the information sought may cause a breach of commercial confidence. He further submitted that the dividends are paid as per the decision of IOC and there is possibility of unrest among different unions if this information is made public. The CIC ruled that disclosure would not breach commercial confidence of respondents and the third parties.
Comments
Any process should be transparent to ensure fairness in the system. It is the responsibility of the public authorities to pro-actively disclose information to ensure faith of the citizens in the system.
Citation: Ramkaran Singh v. CPIO ITI Limited in Decision no.: CIC/ITILT/A/2018/146255/02498, Date of Decision: 02/01/2020
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
Monday, 2 March 2020

Office Memorandum cannot override the RTI Act

The date on which Magadh University Bodhgaya, Bihar was given permission by UGC for conducting MBA and related information was sought from the UGC. On a query by the CIC, reliance was placed by the PIO on DoPT OM dated 24.09.2010 which advises the applicant to make separate applications to the concerned public authorities for obtaining information from them. The CIC issued a strict warning to the then PIOs and the Nodal Officer for delaying the transfer of the RTI application. The CIC ruled that the PIO’s reliance on the OM of the DoPT dated 24.09.2010 is misplaced in the light of Sec 6(3) provision of the RTI Act.
Comments
Sec 6(3) of the RTI Act provides that where an application is made to a public authority requesting for an information, which is held by another public authority or the subject matter of which is more closely connected with the functions of another public authority, the PIO of the public authority to which such application is made, shall transfer the application within five days from the date of receipt of the application (in full or pin part to that other public under intimation to the applicant.
Citation: Rajdeo Ram v. University Grants Commission in Decision no.: CIC/UGCOM/A/2018/158929/02885, Date of Decision: 13/02/2020
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