RTI Corner

Whether a particular Dy. Superintending Engineer of ASI was granted bail against the conviction by CBI Court and related information was denied by CPIO citing Section 24 of the RTI Act. Before the CIC, the PIO submitted that the information sought for cannot be provided to the Appellant as it pertains to a third party. The CIC took grave exception to the gross non-application of mind of the PIO in the matter as the information sought for in the RTI Application clearly pertained to allegations of corruption yet the exemption of Section 24 of the RTI Act was invoked in the PIO’s reply. The CIC held that nonetheless, the information sought for in the RTI Application pertains to a third party and disclosure of the same stands exempted under Section 8(1)(j) of the RTI Act.
Comments
It has been debated whether a judicial order suspending a sentence can be termed personal. Further, in this case, the CIC has failed to take a note of the larger public interest.
Citation: L R Sudheendra Rao v. Central Bureau Investigation in File No: CIC/CBRUI/A/2020/115156, Date of Decision: 16/08/2021
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

Brother of the deceased third party sought certain information relating to the death of his sister. The PIO submitted that the appellant was requested to deposit photocopying charges of Rs 16/- which he failed to deposit. The First appeal was disposed of reiterating the same reply. The appellant claimed that he had not received any replies to his RTI Application. The CIC held that in case the PIO provides the proof of delivery of the demand of further fee, the appellant shall deposit Rs 16/- photocopying charges to obtain the copies; Failing which, the PIO should provide the information free of cost..
Comments
If a reply is not received by the RTI applicant within the prescribed time period, he is entitled to receive the information free of cost and the PIO may be liable to penalty. In this case, the CIC ought to have verified this fact during the hearing rather than giving an open ended order.
Citation: Mrityunjay Kumar Gautam v. HQ Western Air Command, CJA Branch Indian Air force in File no.: CIC/IAIRF/A/2019/131483, Date of Decision: 08/07/2021
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 PIO, Airport Authority of India (AAI), informed the Complainant that the process of land acquisition is handled by the concerned State Government, hence the desired information is not available. The AAI did not enclose the required letter alongwith the PIO’s reply and this mistake was not rectified despite a reminder. On receipt of the hearing notice from the CIC, the desired document has been served upon the Complainant. The CIC held that there has been inadvertence on the part of the AAI, but it does not seem to be a case of malafide denial of information. The CIC cautioned the AAI to exercise utmost diligence while answering Applicants under the RTI Act, in future and send complete and accurate information, failing which such lapse will not be treated with leniency.
Comments
The PIO must exercise due caution while replying to the RTI applicants and ensure that the copies of the required documents are enclosed.
Citation: Shri Abhay Kumar Singh v. Airports Authority of India in Complaint No. CIC/AAOIN/C/2019/162954, Date of Decision: 18.08.2021
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