RTI Corner

Information about the Service Associations/Federations recognized by CBEC and their renewal was sought. With regard to the delay in furnishing the reply, the respondnet informed that consequent upon the announcement of GST and related development concerning restructuring of the department, it was not feasible to furnish the information within the specific time period and apologized for the delay. The CIC observed that a voluntary disclosure of all the information that ought to be displayed in the public domain should be the rule and members of the public who having to seek information should be an exception. The CIC directed that all information relating to the registration of Service Associations, Federations/their Service Rules etc. should be placed in the public domain to facilitate dissemination of information to the public at large.
Comments
The suo moto disclosure of all the information in compliance with Section 4 of the RTI Act, 2005 should be made to ensure transparency, objectivity and accountability in the functioning of the Public Authority.
Citation:: :Shri Arvind Kumar Agarwal v. Central Board of Excise and Customs in Appeal No.:-CIC/CBECE/A/2017/133860-BJ; Date of Decision: 17.08.2017
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India - Right to Information Act 2005- RTI Foundation of India

The appellant sought particulars of the officials entrusted with the duty to publish and disseminate the rules on disciplinary action and human resource policy manual; the date(s) on which the above said rules and policy manual were published and the administrative reason for not disseminating these rules on the website of IIM, Ahmedabad. The PIO stated that the IIM, Ahmedabad was a single location building and the HR department was accessible to all the employees. All such type of rules were available with the HR department and was accessible to all the employees on demand. He added that the institute followed an informal way of working and since all rules and policy/s related to the employees were easily accessible to them at HR department, there was no need to put these documents on department’s website. Keeping in view the objective of bringing about transparency and accountability, the CIC directed the CPIO to put the rules on disciplinary action and human resource policy manual on the department’s website u/s 4 of the RTI Act, 2005.
Comments
It is strange to note that the leading management institute does not put human resource policy in public domain. This CIC order would propel all the institutes to put their disciplinary rules and policies on its website.
Citation:: : Shri Ketan Bhatt v. IIM, Ahmedabad in Appeal No. CIC/CC/A/2015/002317/MP, Date of Decision: August 10, 2017
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India - Right to Information Act 2005- RTI Foundation of India

The appellant sought information regarding the note-sheet concerning the amount of honorarium for those who were involved in a particular project and also the promotional post of Xerox Operator. The FAA stated that partial information post 2011 including inspection of the files has been provided to the appellant. The CIC directed to conduct an enquiry to examine the cause behind the six missing pages in the file no. A. 12025/6/95-GAS. The CIC further directed that the enquiry report should be submitted before the Commission within three weeks.
Comments
It is the duty of the public authority to maintain its records and failure to do so may lead to penal proceedings against those who are responsible for the safe keeping of the records. Disciplinary proceedings may be initiated against an individual for destroying any information.
Citation:: Jabardeen v. Ministry of Health & Family Welfare in F. No.CIC/NIHFW/C/2017/118524 F. No. CIC/YA/A/2016/002118, Date of Decision: 20.07.2017
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India - Right to Information Act 2005- RTI Foundation of India