RTI Corner

An employee filed an application with his own public authority seeking information certain information about the decision of an independent committee. The desired information was not provided to her by the PIO while stating that she can get the information through proper channel. The PIO submitted that the appellant being an employee of the same organisation, the RTI application was put up before the higher authorities and based on the decisions taken by the higher authorities, a reply was provided to her. The CIC held that the PIO was supposed to address the points raised by the Appellant in her RTI application rather than stating that the applicant being herself an employee of the respondent is a part of information provider and can get the information through proper channel. The CIC cautioned the PIO to strictly follow the RTI regime while handling the RTI applications in future.
Comments
As per Section 3 of the RTI Act, a citizen has every right to file a RTI application and the PIO is legally bound to reply to the same. Even though one may be an employee of the organisation, it does not take away the right to file an application under the RTI Act to that organisation as a citizen.
Citation: Ani Dath v. ICAR-Central Island Agricultural Research Institute in Decision no.: CIC/CARIT/A/2018/166218/02856, Date of Decision: 12/02/2020
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

Appellant sought information pertaining to his pay alleging certain discrepancies with respect to the same. He sought certified copy of recovery order issued by the Principal/DHE regarding fixation of pay in ACP, copy of pay fixation ACP case, copy of Earned leave record up to 30.07.2017 etc. The CIC directed the PIO to provide an opportunity to the Appellant to inspect relevant documents along with all the note sheets/correspondences pertaining to averred Pay Recovery order on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. The CIC further directed to provide copies of documents, if desired, to the Appellant without charging prescribed fees.
Comments
As per the provisions of the RTI Act, the information can be denied only under section 8 and 9. All the available information must be provided failing which penal action may be taken against the PIO.
Citation: Ajit Singh v. Post Graduate Govt. College in File No : CIC/UTOCH/A/2018/152703, Date of Decision : 19/03/2020
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

The Appellant sought information regarding the examination conducted for the post of Maintainer Electrician by Delhi Metro Rail Corporation like the category wise cut off marks of the candidates selected in the main merit list, the number of candidates finally selected and issues related thereto. He alleged large scale corruption in the selection process by the Respondent Public Authority. On being queried by the Commission whether the lists of selected candidates were available on the official website, the Respondent replied in the affirmative. The Appellant vehemently contested the averments of the Respondent and submitted that names of the selected candidates along with the marks secured was not available in the public domain and that the Respondent was duty bound to upload the same as per the decisions of the Superior Court. The CIC directed to furnish a copy of list of the selected candidates along with the marks secured as also the formula adopted in Normalisation Process by DMRC, to the Appellant within a period of 30 days from the date of receipt of the order depending upon the condition for containment of the Corona Virus Pandemic in the Country.
Comments
Though many State Information Commissions are non-functional, the CIC has been working while being mindful of the difficulties being faced due to the Coronavirus infection.
Citation: Mr. Sohan Singh v. Delhi Metro Rail Corporation in Second Appeal No.(s):- CIC/DMRCP/A/2018/627844–BJ+ CIC/DMRCP/A/2018/628759-BJ, Date of Decision : 28.04.2020
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