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RTI Corner

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

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May 2017 2 posts

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Monday, 29 May 2017

Disclosure in larger public interest

The Appellant sought information regarding certified copy of the complete file of compliance pertaining to complaint filed against an Appraising Officer of Customs, certified copy of factual report on findings of a certain inquiry, certified copies of IPR filed by certain officers and issues related thereto. The FAA denied disclosure of information as per Section 8 (1) (j) of the RTI Act stating that a mere suspicion could not constitute the basis of public interest. It was further stated that consent of the four officers about whom the Appellant had sought details was sought who had objected to the same under Section-11 of the RTI Act, 2005. The CIC upheld the denial of information.
Comments
The passport details, copies of birth certificate and copies of records of educational qualification are personal information, the disclosure of which would cause unwarranted invasion of privacy of individuals unless there was an overbearing public interest in favour of disclosure. Only when the public interest outweighs the need for protection of personal information, the concerned authority is expected to disclose the information.
Citation: Mr. Bandhagit Nadaf v. Central Excise & Customs in Appeal No.:-CIC/SB/A/2016/001225-BJ; Date of Decision: 23.05.2017
Friday, 26 May 2017

Transfer of RTI Application to several PIOs

A complaint was filed with the CIC alleging that the information sought was not provided and the complainant’s RTI application was transferred to several CPIOs who did not revert in a positive way. The CIC advised the public authority to desist from these kinds of practices which defeats the very purpose and motive of the RTI Act.
Comments
It is a common practice in the headquarters of many organisations to transfer the RTI applications received at their end to different sub-ordinate offices carelessly. Such a blind redirection of the RTI applications needs to be curbed as the same is not envisaged under the Act.
Citation: Deepak Narayan Singh v. PIO, M/o Labour & Employment in CIC/BS/C/2014/000328, Decided on: 12.04.2017
Weekly article by Dr. (Mrs.) Anuradha Verma (dranuradhaverma@yahoo.co.in), RTI Consultant to IIM, Indore. Her other articles can be read at https://www.rtifoundationofindia.com/(dranuradhaverma@yahoo.co.in), RTI Consultant to IIM, Indore and Co-author of the books: RIGHT TO INFORMATION - LAW AND PRACTICE and PIO's Guide to RTI by Taxmann. (The views are Personal)