RTI Corner

The CBDT conveyed to the CIC that the online application filed by the Complainant had not been attended to properly by the then PIO and that it was admitted that on receipt of the notice for hearing before the CIC, they learnt about the lapses on their part. The First Appeal that was filed online had also not been attended to about which the Respondent feigned ignorance. The CIC expressed its displeasure on the casual and callous approach adopted by the respondent in responding to the RTI application. With regards to the imposition of penalty u/s 20(1) of the RTI, Act it was stated that the RTI Application was received on the portal, which may not have been accessible to the then CPIO for reasons better known to him. After taking over the charge, the current CPIO had obtained the user ID and password to operationalize the access to the online applications. Penalty was not imposed and the CIC cautioned the PIO to exercise due care in future to ensure that information is furnished timely to the RTI applicant.
Comments
Online filing of RTI Applications was launched with the expectations that it would make the process easy and convenient. In this case, the Respondent admitted that there were a large number of issues in handling the online RTI applications due to technical problems and unskilled manpower. It appears that the whole system of online filing of RTI Applications needs a review.
Citation: Mr. Shiv Kirti Singh v. CPIO M/o. Finance in Complaint No. CIC/BS/C/2015/000189-BJ, Dept. of Revenue CBDT, Date of Decision: 17.04.2017, 29.11.2018
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 at http://www.rtifoundationofindia.com/

The RTI applicant sought information regarding a certain mediclaim, penal actions that could be taken against the Medanta Hospital, Gurgaon for overcharging Rs. 750/- from insured as per the IRDA guidelines, action taken on complaint made to LIC of India and IGMS relating to the medical claim and issues related thereto. The CIC observed that the framework of the RTI Act, 2005 restricts the jurisdiction of the Commission to provide a ruling on the issues pertaining to access/ right to information and to venture into the merits of a case or redressal of grievance. The CIC observed that technically, the RTI queries had been replied by the Public Authority but the discussion during the hearing raised several issues regarding the mediclaims of the family pensioners under LIC-NIA Scheme and the issues associated thereto that need to be addressed meticulously by the Public Authority. The CIC advised the Public Authority officials to re-examine and re-evaluate the steps under taken by them for implementation of the mediclaim policy and ensure that the delivery mechanism is strengthened and made more robust.
Comments
The jurisdiction of the CIC under the RTI Act is limited. While deciding whether a citizen should or should not get a particular information “which is held by or under the control of any public authority”, the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority.
Citation: Mr. Akshay Kumar Malhotra v. CPIO Manager (CRM) LIC of India, Divisional Office in Second Appeal No. CIC/LICOI/A/2017/170260-BJ, Date of Decision: 16.11.2018
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 at http://www.rtifoundationofindia.com/

The RTI applicant sought information regarding Shri Ram Gopal and Smt. Archana and other family members, marriage expenditures survey report as per Section 133A (5) of the Income Tax Act with cash flow details i.e., whether they satisfied the cash flow details, whether his father in law, wife, brother in law and sister in law were Income Tax Assesses, if so, whether they were filing the IT Returns on a regular basis and issues related thereto. The CIC directed that the broad outcome of the investigation should be disclosed to the appellant as soon as the investigation is completed.
Comments
In case of Tax evasion petition, the CIC has been taking the view that the complainant should be informed whether the allegations made in the TEP are fully true, partially true or untrue.
Citation: Mr. Rajesh Bharti v. CPIO, O/o the DGIT (Inv), CPIO, O/o the Pr. DIT (Inv), CPIO and ACIT (OSD) (Inv.- IV), M/o Finance, Department of Revenue, CBDT in Second Appeal No.: CIC/CCITC/A/2017/156422-BJ, Date of Decision: 16.11.2018
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 at http://www.rtifoundationofindia.com/

The Government should immediately overhaul the complete system. I would suggest to make it a multidisciplinary agency where officers of all departments get posted.
AB
Political Parties stooping so low !
Yes it is very unfortunate that Political Parties are stooping so low in their speeches. Ruling parties are resorting to/encouraging Goondaism to attack those who donot tow their line of thinking. One can only wish that saner voices in Parties realise this and take corrective action to save Democracy in the country.
S Gopal
No enquiry at level of inspectors
Investigation shall be done only by officers not below the rank of SAG. No enquiry at the level of inspectors. Policemen should be kept out of CBI as they are not subject experts and not trained for investigations. Investigation is a serious business. Often conflict of interest makes the investigation.
Rajesh

Through his RTI application, the applicant sought information regarding whether the Indira Gandhi National Open University (IGNOU) had received his registered letter in respect of his ANC-01 Study Material, reasons for delay in receiving of his study material, total number of temporary and permanent employees in their office etc. Before the CIC, the applicant stated that the requisite information was received by him after a prolonged delay. The CIC noted that the Applicant had received the information sought by him after a substantial period of delay which was against the spirit of the RTI Act, 2005. Therefore, the CIC cautioned the PIO 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.
Comments
The case depicts the myriad ways in which the citizens are using the RTI Act to improve the delivery of services to them. The PIO was fortunate to get away with a reprimand and not a penalty of Rs. 250/- for each day of delay in replying to the RTI application.
Citation: Mr. Virender Singh v. CPIO, Indira Gandhi National Open University in CIC/IGNOU /A/2017/171940-BJ, Date of Decision: 16.11.2018

The estranged wife’s lawyer had applied to seek information about husband’s salary. The purpose of seeking information was claimed to be bonafide as his client is fighting a legal battle against her husband claiming maintenance from him. The Bombay High Court dismissed the prayer of the wife’s lawyer for disclosure of husband’s salary slip using RTI route observing that the salary slips contain such details as deductions made from the salary, remittances made to the Bank by way of loan installments, remittances made to the Income Tax Authority towards part payment of the Income Tax for the concerned month and other details relating to contributions made to Provident Fund etc. Thus, the salary slips contain information of personal nature.
Comments
The lawyer had not asked for the gross income which he could have obtained as the same is liable to be provided under the RTI Act. Further, the application was not filed by the wife but by the advocate in his individual capacity.
Citation: Rajesh Ramchandra Kidile v. The Maharashtra State Information Commission and others in Bombay High Court Writ Petition No. 1766 of 2016
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 at http://www.rtifoundationofindia.com/

The appellant sought information on three points pertaining to his bank account no. including copies of withdrawal/deposit vouchers/slips of certain transactions. The appellant filed a second appeal before the CIC on the grounds that certified copies of the vouchers related to the transactions have not been provided by the CPIO, Indian Overseas Bank, and that the FAA did not respond to his appeal. The appellant requested the CIC to direct the CPIO to provide complete information as sought by him. The Bank submitted that point wise information was furnished to the appellant vide letter dated 25.04.2017. Further, the FAA vide his letter dated 05.06.2017 had provided copies of the vouchers as sought by the appellant vide his RTI application. The Bank, however, admitted that the copies were not certified and perhaps only copies of the front side of the vouchers had been provided to the appellant. The CIC directed the respondent to provide certified copies of the vouchers/slips (both sides - front and back) of transactions mentioned in the RTI application to the appellant within a period of four weeks.
Comments
The certified copies of documents provided under the RTI Act have evidentiary value in a court of law.
Citation:Meghnath Prasad v. CPIO, Indian Overseas Bank in Second Appeal No. CIC/IOVBK/A/2017/147091 Dated: 25.10.2018
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 at http://www.rtifoundationofindia.com/

The appellant sought the certified copy of letter no. 1/14/2012-ORR Government of India, Ministry of Home Affairs, whether the circular issued by Dr. Rajendra Prasad, First Hon’ble President of India on 10.08.1950 is available with their office. The appellant was asked to deposit Rs. 360 for 180 pages of the entire file concerning the information sought but the appellant did not respond and approached the CIC with a second appeal. It was informed to the CIC that file concerning the letter belonged to Ministry of Law and Justice and it is currently with a few researchers. It was also submitted that the files under the possession of National Archives of India are being digitized according to priority basis and the file concerning RTI queries raised by the appellant in this matter shall also be digitized.
The CIC observed that the letter as stated by both parties contains subject-matter of constitutional benefits to Scheduled Castes and categories concerning crucial issues of reservation in education and employment, which as a matter of fact and law should have been disclosed voluntarily on their website under Section 4(1)(b) of RTI Act. The Public Authority should have scanned and uploaded such files on their official website in compliance of section of 4 (1) (b) of RTI Act or even after receiving the RTI application or given the complete document in CD collecting the cost. This information should have been made available by other concerned ministries also. The CIC directed the PIO to provide soft copy of the entire document sought in a CD in fifteen days free of cost and upload the digitized form of the documents on their website as soon as possible.
Comments
The Public Authority is required to upload certain information on their official website in compliance of section of 4 (1) (b) of RTI Act.
Citation: Renu Jain v. Department of Education Dr. Mallikarjun K S - DDE Mr. V.K. Kajal -PIO in F. No. CIC/DIRED/A/2017/188568, Date of Decision: 23.07.2018
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 at http://www.rtifoundationofindia.com/

The Appellant claimed illegal removal from employment in the Maharaja Agarsain Public School. The PIO made all possible efforts to procure the necessary information from the School and the actual grievance of the appellant was redressed. A show cause notice was issued for imposing penalty. The PIO tendered an unconditional apology for the delay in dissemination of information. The CIC held that the PIO made all possible efforts to procure the necessary information from the School, who is the actual custodian of information and the actual grievance of the appellant has also been redressed. The appellant informed the CIC that she is satisfied with the information received. The CIC exonerated the notice from the penal proceedings.
Comments
Penalty can be imposed on the PIO for malafide denial of information and the onus is on the PIO to show that the denial was legal.
Citation: Renu Jain v. Department of Education Dr. Mallikarjun K S - DDE Mr. V.K. Kajal -PIO in F. No. CIC/DIRED/A/2017/188568, Date of Decision: 23.07.2018
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 at http://www.rtifoundationofindia.com/

The Appellant who worked in Coal India Limited (CIL) sought certain information, acting as a whistleblower to corroborate his complaints which he has filed to unearth misappropriation. The CIL stated that the matter had been sent for investigation to CVC on 23.07.2013 and no response has been received thereafter despite reminder on October 2013. The CIL submitted that certain information was denied claiming exemption under section 8(1)(h) of the RTI Act while minutes of the meeting had not been received from CVC, hence not available with the Respondent to provide. The CIC noted that the complaint filed by the appellant has been pending since year 2013. The fate of the complaint is yet to be decided by the CVC, despite passage of more than reasonable period of time. It is worrisome and unfortunate to note that such inordinate period of time is taken in completion of investigation of a complaint, even by the CVC. Hence, the CIC directed the PIO, CIL to transfer the RTI application to the concerned PIO, CVC who in turn shall submit before the CIC the report submitted to the CVC by CIL and the current stage of the investigation pending before the CVC alongwith the possible timeline for conclusion of the Investigation. The CIC made it clear that non compliance of the directions shall attract appropriate proceedings, as per law.
Comments
The CIC has so far refrained from asking for a possible timeline for conclusion of the Investigation in cases of delay. The case indicates the possible use of RTI Act for expediting the proceedings in certain cases.
Citation: Shri Ainul H Mazumdar v. Coal India Limited in F. No.CIC/CILTD/A/2017/111036, Date of Decision: 10.08.2018
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 at http://www.rtifoundationofindia.com/

A loan was obtained by one Mr. R.K. Rohilla for which the appellant purportedly stood surety. A recovery of Rs. 1,64,000/- + interest was effectuated from salary of the appellant upon order of attachment issued from Court of Registrar of Cooperative Societies, Delhi. The Appellant addressed a letter dated 05.07.2016 to the Assistant Registrar mentioning that he has neither took any loan nor stood as Guarantor for Mr. Rohilla. Vide RTI application dated 23.07.2016, the appellant sought action taken upon on his letter. The CIC held that the ends of justice require that the appellant be furnished with copies of complete file of claim application filed by credit society before RCS. The proof of appellant having stood surety towards the loan agreement as submitted by Credit society before RCS shall be made available to the appellant.
Comments
In case of commercial disputes, the RTI Act has emerged as a possible tool to resolve the same in an amicable manner.
Citation: Mr. Raj Kumar Respondent v. Assistant Registrar-(S-III, T&C) O/o the Joint Registrar Registrar Cooperative Societies, GNCTD in No.CIC/RECOS/A/2017/109027, Date of Decision: 01.08.2018
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 at http://www.rtifoundationofindia.com/

The Appellant acknowledged the receipt of the letter from CBSE, New Delhi dated 29.04.2017 seeking a fee of Rs.2/- per page for 40 pages of information to be furnished to him. He contested that since the reply was received beyond 30 days, no fee could be deposited by him.
Regarding the plea of the Appellant regarding disclosure of information without any charges, the CIC observed that no response was provided to the Appellant within the mandatory period of 30 days from the date of RTI application, hence the information should indeed be provided to him, free of cost.
Comments
As per Section 7(6) of the RTI Act, the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified of 30 days prescribed u/s 7 (1).
Citation:Mr. Pawan Kumar Sharma v. Central Board of Secondary Education in Complaint No.:- CIC/CBSED/C/2017/140614-BJ, Date of Decision: 31.08.2018
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 at http://www.rtifoundationofindia.com/