RTI Corner

The applicant sought a copy of a Board meeting and related information. During the hearing before the CIC, the PIO submitted that a suitable reply was given on 06.05.2021. He further submitted that the applicant has filed writ petition no. CWP 1825 of 2020 and he has already filed the documents along-with the writ petition. The Cantonment Board also filed the reply with all documents before the Hon’ble High Court and also submitted all the documents which are related under the RTI Act. The CIC took serious note of the unnecessary delay in providing the reply. The CIC observed that the purpose of the Act gets defeated if a citizen has to wait for the second appeal hearing to get a reply from the PIO. Moreover, the reply dated 06.05.2021 was also not available on record. The PIO was issued a strict warning for not providing a reply on time. Further, he was cautioned to be careful in future and send written submissions to the Commission in advance of the hearing.
Comments
The PIO should provide a reply to the RTI applicant within the timeline prescribed under the RTI Act. In this case, the PIO if the Cantonment Board was cautioned to exercise due care in future to ensure that correct and complete information is furnished timely to the RTI applicant(s) as per provisions of the Act failing which penal proceedings under Section 20 shall be initiated. A PIO must exercise due caution to prevent such caustic remarks being passed against him.
Citation: Sanjay v. Chief Executive Officer Office of the Cantonment Board 229 Race Course Road, Ambala Cantt in File no.: - CIC/IARMY/A/2019/129849, Date of Decision: 12/05/2021
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 submitted that he had filed written submissions at CIC in respect of his second appeal No. CIC/SBIND/A/2017/120059 on 23/07/2018. In this connection, he sought a certified copy of the said written submissions. The appellant submitted that certified copy means, stamp has to be affixed and designated officer has to sign the document and give it. He admitted that the Commission cannot certify a document not generated by them but was concerned that his written submissions was not received at the time of decision. The PIO submitted that the written submissions dated 23.07.2018 of the appellant were available on record at pages 50-97 of the PDF file no. CIC/SBIND/A/2017/120059. The PIO replied that there is no provision for providing certified copy of the documents provided by the appellant to the appellant himself. The CIC upheld the order of the PIO.
Comments
The information generated by the applicant is not held by the PIO. Being the originator of the information, the applicant is the holder of the information. This view has been upheld by the Madras High Court in W.P no. 26781 of 2013.
Citation: Prakash Ishwarbhai Patel v. RTI Cell, Central Information Commission in File No.: - CIC/CICOM/A/2019/116199, Date of Decision: 23/04/2021
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 deployment of army men to other country (UN & Bhutan) for specific mission like the certified copy of the instructions on the basis of which unit sends its army men to other country, the number of times the army men employees have been deployed to other country since January 2005, the list of Army men who were sent to other country, the criteria fixed for selection of Army men etc. The reply was delayed and not proper. The CIC held that the RTI application was handled very badly and it shows that the RTI matters are being handled in a very negligent manner. The CIC expressed its extreme displeasure at the conduct of the respondent organisation as a whole for showing such laxity while handling the RTI applications and the correspondence related to it and to the then CPIO for being negligent in handling the RTI application. The CIC directed that the Bombay Engineering Group & Centre, Kirkee office needs to evolve a system to ensure proper receipt & dispatch of the RTI correspondence by the CPIOs/Deemed PIOs/FAAs and maintain a proper record of every RTI application received and replied to by the organisation.
Comments
For timely discharge of duties mandated under the RTI Act, the dak management system of the public authority should be proper. All public authorities should maintain a proper record of each and every RTI application received in the organisation, to whom it is marked for action to prevent misplacement and mishandling of RTI correspondence. If an organisation needs to organise training programmes for the CPIOs and the deemed PIOs to familiarize them with the provisions of the RTI Act, they should contact proper trainers so that mistakes do not happen.
Citation: Gurmeet Singh v. Bombay Engineering Group & Centre, Kirkee in File no.: - CIC/IARMY/A/2019/111340, Date of Decision: 04/03/2021, 26/03/2021, 23/04/2021
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 had taken a home loan and asked the Bank why there is a difference of amount between OS (Outstanding Amount) and DP (Drawing Power) and a related question. The PIO informed that difference in drawing power and outstanding amount occurred on account of interest accrual over a period of time due to delayed repayment or due to interest rate change. The CIC directed the PIO to revisit the RTI application and provide revised information including copy of the calculation sheet of the appellant’s loan account.
Comments
The RTI Act includes providing the existing information and does not involve creating information. A citizen cannot expect a PIO to create a fresh information to satisfy his query.
Citation: K. Subbramaniyan v. State Bank of India in Second Appeal No. CIC/SBIND/A/2019/106076, Date of decision: 16.04.2021
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 requested for status mentioned by his wife in the bank account opening form regarding her marital status like whether Single/ Married/ Separated/ Divorcee as a matrimonial dispute between the appellant and his wife was pending before the Hon’ble Family Court. In the second appeal, he stated that he is husband of Mrs. Nisha and has every right to know about the marital status of his spouse which could be decisive factor in deciding the maintenance order. The CIC held that the basic protection afforded by virtue of the exemption from disclosure enacted under Section 8(1)(j) cannot be lifted or disturbed by a private dispute between husband and wife, unless the petitioner is able to justify how such disclosure would be in ‘public interest’.
Comments
A delicate balance has to be maintained between the transparency and the fundamental right to privacy. Whenever there is a conflict between two rights, the same have to be reconciled and harmony has to be maintained.
Citation: Keshav Anand v. Bank of Baroda in Second Appeal No. CIC/DENAB/A/2019/107456, Date of decision: 16.04.2021
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