RTI Corner

The certified copy of the file noting, orders, instructions, directions, minutes of deliberations, etc. pertaining to a particular DO letter was denied u/s 8(1)(a) of the RTI Act being internal and sensitive in nature. The Commission clarified during the hearing the previous orders are not binding per-se in entirety as every case has to be seen in relation to the circumstances of that particular case. It is only the ratio decidendi part of the order which is binding and taken into consideration while deciding questions of law based on identical issues and facts. Therefore, in the absence of the discussion on the question of law, the decision referred to cannot be relied upon by the Commission. After examining the facts of the case, the CIC ruled that the file notings relating to the matter in hand are disclosable to the appellant. The CIC gave the liberty to the respondent to apply severability u/s 10(1) of the RTI Act.
Comments
The earlier orders of the CIC must
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 information with regard to his applications for appointment on compassionate grounds. The CIC observed that the query of the appellant viz. “As to when the appellant will be offered appointment on compassionate grounds” is futuristic and hypothetical. Regarding the query whether the appellant is eligible for appointment on compassionate grounds, the CIC observed that the same is interrogative in nature and therefore, the queries are not covered under Section-2(f) of the RTI Act, 2005.
Comments
Whenever an application is received, a PIO should examine whether it seeks “information” as defined under section 2(f) of the RTI Act. The responsibility of a PIO is limited to providing what is covered under the term information.
Citation: Nandkishor Gohe v. Military Engineer Service, File no.: CIC/IAIRF/A/2022/117292; 06/04/2023
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 has sought the following information with regard to sanction of family pension in respect of Late Sh. Roop Narayan Jha. The PIO replied seeking certain documents which were not provided by the appellant who preferred to file a second appeal. The CIC observed that the appellant shall submit the documents proving his relationship with the deceased as well as the legal heir proof of him and his father to justify the entitlement to receive information. On receipt of the requisite documents, the PIO shall send a suitable reply to the appellant.
Comments
On the demise of an individual, the information relating to him still remains private and only the legal heirs are entitled to obtain the information.
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

In response to a request for information pertaining to the appointment of outsourced manpower, the PIO requested the appellant to visit the office for inspection. Thereafter, the appellant conducted the inspection and the relevant documents were given by the PIO on 29.11.2021. The CIC concurred with the submissions of the PIO that the copies of all the complaints received by the respondent’s office cannot be provided as it may contain certain personal information, therefore, it is barred from disclosure under section 8(1)(j) of the RTI Act. The CIC also concurred with the submissions of the PIO that the documents submitted by the firm during the tender process cannot be put in public domain as it is third party information. The CIC held that the copy of the contract containing terms and conditions of the tender once finalized can be provided to the appellant as it is not barred from disclosure under Section 8(1)(d) of the RTI Act.
Comments
A copy of the contract containing terms and conditions of the tender can be provided after the award of the tender subject to taking recourse to the provisions of Section 10 of the RTI Act, 2005. All the sensitive and personal information, if any, should be severed after giving a notice to the third party.
Citation: Rajat Narayan v. Central Road Research Institute (CRRI), File no.: - CIC/CRRID/A/2022/615059; Date of Decision: 15/03/2023
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