RTI Corner

The appellant raised queries like whether a Disciplinary Authority direct the charged official to submit a written statement of defence in a case of unauthorized absence from duties if there is no statement of misconduct or misbehavior under Rule 9 of Railway Servants (Discipline & Appeal) Rules, 1968. He demanded to provide the relevant guidelines. Before the CIC, he submitted that complete and correct information has not been provided to him. The CIC noted that more than 70 cases of the same Appellant against same/related Public Authority under Ministry of Railways have already been heard and disposed of by different benches while eleven second appeals of the Appellant were listed for hearing on the same day. The CIC observed that Appellant apparently wants to pressurize the Public Authority rather than actual interest in getting the information denied to him, if any. This intention of the Appellant militates against the spirit of the RTI Act whose primary objective is providing information to the citizen. It appears that the Appellant has grossly misconceived the idea of exercising his Right to Information as being absolute and unconditional. The CIC stated that the Appellant is harbouring a grievance and is not seeking access to information as envisaged under the RTI Act. Pointing out the powers under the RTI Act, the CIC cautioned the Appellant to exercise his right to information in an informed and judicious manner.
Comments
There have been many cases of repetitive RTI applications and such litigation is counter-productive to the RTI regime. An applicant should be judicious in the use of RTI Act and it should be used to obtain information rather than as a tool to harass the Public Authority.
Citation: Shankar Poddar v. M/o Railways, Railway Board, CIC/MORLY/A/2023/106645; Date of Decision : 28-03-2024
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

Copy of account opening form of a deceased person was denied by the Bank u/s 8 (1) (j) of the RTI Act. When queried by the Commission regarding the submission of proof of being a Legal Heir of the deceased by the Appellant, the Respondent replied that no such proof has been submitted by the Appellant. The CIC advised the appellant to furnish the documentary proofs to the Respondent within 10 days from the date of receipt of this order. Further, the Respondent was directed to re-visit the RTI application and provide a correct revised reply to the appellant based on the aforesaid documentary proofs.
Comments
Many RTI applications are filed seeking information about a deceased person without any accompanying documents such as death certificate, legal heir proof, etc. If a person wishes to obtain any personal information about a deceased individual, then such documents should be enclosed alongwith the RTI application.
Citation: Neeta Singh v. Madhyanchal Gramin Bank, CIC/RUGBK/A/2022/136906; Date of Decision: 01.04.2024
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

Repair of quarter by CPWD
Appellant sought information about his online complaint regarding minor repair in Type 4 quarter, the note taken from allottee that he is satisfied with the work and others. The Appellant expressed his dissatisfaction with the fact that neither the necessary repairs works has been carried out by the Respondent Public Authority despite repeated complaints nor his First Appeal has been adjudicated till date. The Respondent submitted that the First Appeal was never received in their office because the address mentioned by the Appellant was not correct. However, at the behest of the CIC, he submitted that copy of First Appeal is now received by him with the hearing notice of the CIC, and he will place a copy of it before the FAA for final order. The CIC observed that First Appeal of the Appellant is not heard by the FAA till date and the Respondent pleads to allowing placing it before the FAA. The CIC directed that a fair and proper hearing be conducted by the FAA, by giving due opportunity to both the parties to present his case. Hence, the Appeal was remanded back to the FAA for adjudication of First Appeal upon providing fair hearing to both the parties. The First Appeal shall be decided by a reasoned, speaking order on merits within four weeks from the date of receipt of this order.
Comments
The First Appellate Authority is an important link in the implementation of the provisions of the RTI Act, 2005. Every FAA should play the role assigned to ensure that the first appeal is disposed timely.
Citation: Amit Kumar v. CPWD, CIC/CPWNR/A/2023/109325; Date of Decision: 29-04-2024
RTI (2)
Link at which the case has been reported is given below from where the comments and citation may be checked-
https://www.whispersinthecorridors.com/detail/120427-DATE+WITH+RTI.html
The comments and citation mailed by me on 17.06.2024 can be checked from the mail and the relevant part which has not been reported is given below:-
Comments
High Court of Delhi in Union of India v. R. Jayachandran WP (C) 3406/2012 dated 19.02.2014 held that passport details, copies of birth certificate and copies of records of educational qualification are personal information, the disclosure of which would cause unwarranted invasion to the privacy of individuals unless there was an overbearing public interest in favour of disclosure. A similar view was taken by the High Court of Delhi in Ministry of External Affairs v. Asmita Sachin Waman, WP (C) 3735/ 2020 decided on 21.111.2022.
Citation: Shri Anurag Mittal v. Regional Passport Office, New Delhi, CIC/PASOF/A/2023/610640; Date of Decision : 27.03.2024
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 about the bank account of his late father, FDs, nominee, amount etc. The FAA directed the PIO to provide statement of account of certain bank accounts. Not having received any information in compliance of the FAA’s order, the Appellant approached the Commission with the Second Appeal. The PIO stated that he was not the then PIO and could not update regarding the compliance of FAA’s order. The CIC observed that the respondent has partly provided the information. The FAA had directed the PIO to provide the account statements, but the PIO has not complied with the directions of the FAA, so far. The CIC directed to provide the copies of account statement.
Comments
Non-compliance of the order of the FAA is grossly incorrect on the part of the PIO. In this case, the PIO has been lucky to escape penalty for which there appears no excuse.
Citation: Vishnudev Prasad Singh v. Union Bank of India, CIC/UBIND/A/2023/100809; Date of Decision: 30.04.2024
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