CIC- DECISIONS Work Shop on RTI Act
CIC- DECISIONS
(i) CPIO of the Supreme Court pulled up for delayed
information and not passing a speaking order.
(ii) Appeal cannot be filed directly with the CIC
bypassing the DAA.
(iii) While no department is proscribed from
designing an application form;not applying in the
prescribed form cannot be the ground for
rejection.
(iv) Note sheets containing file notings are an
integral part of a file.
CIC- DECISIONS
(v) It is true that there is no provision in section 8 of
the Act, specifically exempting disclosure of
information relating to examination papers;
When answer papers are evaluated,the authority
conducting the exam. And the examiners
evaluating the answer papers stand in a fiduciary
relationship between each other.
Such relationship warrants maintenance of
confidentiality by both ,of the manner and method
of evaluation
CIC- DECISIONS
(vi) Reasons for rejecting the tender has to be
made known.
(vii) Income tax return is in the nature personal
information, the disclosure of which may
cause unwarranted invasion of privacy of an
individual.
(viii) In a single public authority no transfer of
application.
CIC- DECISIONS
(ix) Where the information is not available in
the particular form requested, the applicant
may be allowed if he desires to inspect the
documents.
(x) (a) copy of the notification for recruitment
(b) Recruitment & Promotion policy
(c) Panel of names of interviewees and merit list
(d) copy of recommendations of selection
committee and its approval; be given.
CIC- DECISIONS
(xi) PAN no.is a personal information and may
not be given.
(xii) (a) Certified copy of TE statement (paid
copy)
(b) Certified copy of completed tour itinerary
(c) details of meetings attended during the tour
be given
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(xiii) There is no question of denial of
information if a public authority is prepared to
provide the documents, in the form in which it
is available with them.
(xiv) Noting in the despatch register showing
the despatch of reply / intimation is not
enough. There has to be actual receipt.
CIC- DECISIONS
(xv) Bank account details are not to be disclosed to
others.
(xvi) RTI Act cannot be confused with an instrument
for grievance redressal, although the information
obtained can be used for this purpose.
(xvii) If information is not available in electronic
form,it need not be created.
CIC- DECISIONS
(xviii)The assessment reports by the superior
officers are personal and confidential
information and therefore exempt under
section 8(1)(j).
(xix) If the information seeker asks several
questions expecting the CPIO to reply in yes
or no,the CPIO ought not do so.
CIC- DECISIONS
(xx) Income tax returns are confidential
information,relates to third party and are submitted in
fiduciary capacity.
However, tax assessment is a public action and there is
no reason why such orders should not be disclosed.
CIC- DECISIONS
(xxi) Bio-data submitted in the application for
appointment is a public document and can be
made available.
However, medical reports are purely personal to
the individuals and can be denied.
(xxii) At the appeal stage, an applicant cannot
ask for additional information. The appellate
authority is right in advising the appellant to
give specific details about the information /
documents sought from the CPIO.
CIC- DECISIONS
(xxiii) the cost effectiveness aspect of disclosure
of information ought to be kept in mind.
(xxiv) Misuse of RTI Act ought to be discouraged.
As an enlightened citizen, every information
seeker should resort to RTI Act responsibly as
most people are doing and reaping the benefit
of this powerful act.
CIC- DECISIONS
(xxv) Information relating to future course of
action which is not in any material form is not
information within the definition of information
in section 2(f).
(xxvi) Inspection of records when the process of
recruitment is at the interim stage cannot be
entertained.
CIC- DECISIONS
(xxvii)The Personal Assessment Forms
submitted by the staff to the employer in
fiduciary relationship cannot be shared.
The views recorded in confidence by the
peers on the matter of performance appraisal
may not be disclosed , since it mat lead to
personal acrimony.
CIC- DECISIONS
(xxviii) Applicant’s entitlement for information is only in
respect of categories of information mentioned in
section 2(f).
It is not open to an applicant to ask, in the guise of
seeking information, question to the public authority
about the nature and quality of their action.
The RTI Act does not cast on the public authority any
obligation to answer queries with prefixes ,such as
why,when,what and whether.
CIC- DECISIONS
(xxix) CSIR case: the applicant asked for the
followings;
Information on marks awarded to him by each
interview committee member, without
disclosing their names;
The threshold mark fixed by the board for
promotion;
Permission to inspect the records related to
his assessment;
CIC- DECISIONS
Non-appearance and non-filing of written comments by the
respondents led the CIC to issue show cause notice to the
CPIO for imposition of fine and instruction to DG CSIR to
consider disciplinary action the appellate authority; and
instructed to provide the requested information
On being tendered unconditional apology the CIC reviewed
the case and withdrew the notice for the imposition of fine
on the CPIO and the recommendation for disciplinary
action against the appellate authority.
CIC- DECISIONS
On review, the CIC upheld its earlier
decision of providing the information to the
applicant.
CIC- DECISIONS
(xxx)The applicant asked for status report on complaints
stated to have been made in 499 cases to the Deputy
Commissioner and SDM
The CPIO replied that all complaints have been
ordered to be filed.
The decision was upheld by the DAA
The reply of the CPIO satisfies the requirement of the
act, as the CPIO has only passed on the information
available with him regarding the status of the
complaints.
CIC- DECISIONS
It is not for the CIC to decide on the propriety
of any action taken on applications.
(xxxi) The marks awarded by the panel experts
to each candidate under different parameters
are of confidential nature and this act has
been carried out by them in fiduciary
capacity, which is exempt u/s 8(1)(e).
CIC- DECISIONS
There is no reason why the names of officers
who were promoted or placed in sensitive
positions while they were concurrently under
discreet watch i.e “Agreed List” should not be
disclosed.
Conduct of examinations and for identifying
and short listing the candidates in terms of
technical competence right attitude,etc is a
highly confidential activity.Therefore, answer-
sheets should not be disclosed .
CIC- DECISIONS
The award of marks need not be kept secret.
True copies of the mark sheets of the successful
candidates may be supplied.
The onus for timely despatch of replies to the
applicant lies on the CPIO alone under section 7(1) of
the Act.
If found disproportionately diverting resources of a
public authority, information can be denied in the
form requested but has nevertheless to be made
available in any other convenient form.
CIC- DECISIONS
Appellant Shri S.C.Sharma requested for a copy of
the order, in which the Union Home Secretary had
authorised the special Secretary Home to take action
under section 5(2) of the Telegraph Act.
The information was denied on the ground of being
harmful to the security, integrity and sovereignty of
India section 8(1) (a).
CIC- Authorization by the Union Home Secretary to specific agencies to intercept telephones would not qualify to attract the exemption under section 8(1)(a)
CIC- DECISIONS
From the stand-point of technicality of the RTI
Act, the role of APIO is limited to only to
receiving applications for information and
appeals and transmitting the same to the
proper CPIO.
The CIC does not see any legal difficulty in
the CPIO using the services of an APIO to
transmit his decision;
CIC- DECISIONS
This would not lead to any miscarriage of
justice or place any undue restriction on an
information seeker’s rights under RTI Act.
It is,however, cautioned that any order issued
by the APIO on behalf of CPIO must clearly
state that the former was only transmitting the
orders of the latter, and should also state the
name and the designation of the PIO on
whose behalf the APIO might be acting;
CIC- DECISIONS
The appellant sought for specific reasons for
denial of promotion and benefits of ACP;
CIC- CPIO was directed to ascertain from the
minutes of the DPC as well as the Screening
Committee whether any specific reason has
been indicated in the minutes regarding the
appellant and communicate the same to him
within 15 days.
CIC- DECISIONS
The appellant sought for the details of the academic
and technical qualifications mentioned in the service
book, of certain working and retired employees;
It was denied on the ground of being personal
information;
CIC- it is rather surprising that CPIO and the appellate
authority should have taken the view that details of the
qualification of govt. officials is personal in nature and
as such cannot be supplied;
CIC- DECISIONS
It is the right of every citizen to know about
the qualifications of public servants and posts
held by them,
Further even the format in which the
appellant has sought for the information is so
simple that he same would not attract the
provisions of section 7(9) of the RTI Act.
CIC- DECISIONS
The appellant sought for various information
like the address, the dates of and posts from
which postal officials had retired, the amount
of pension paid for more than 10 years,
CPIO rejected the information applying the
provisions of section 8(1)(i) .
Upheld by the CIC
CIC- DECISIONS
The appellant sought information regarding the
income tax return of certain firm;
The CPIO informed the appellant that the information
relates to third party and the documents could be
given after the necessary concurrence of third party
as per the act;
Third party objected to the disclosure which was not
accepted by the CPIO and the third party was
accordingly informed and advised to appeal;
CIC- DECISIONS
The DAA agreed with the contention of the
third party that the information sought was a
personal information and the disclosure of
which has no relationship to any public
activity or interest;
CIC- income tax returns relates to personal
information ,submitted in fiduciary capacity,
and cannot be disclosed without the
concurrence of third party.
CIC- DECISIONS
The appellant sought certain information
pertaining to Tax Evasion Petition (TEP) and
sought information within 48hrs.
The CPIO and the DAA turned down the
request on the ground that the request was
not supported by any credible evidence to
show that his life was in any danger
CIC- DECISIONS
The appellant had also sought permission to
inspect the files and records including
communication with CVC .
It was denied on the ground that the issue was
under investigation.
Upheld by the CIC.
CIC- DECISIONS
The appellant sought information in respect of
an official in PNB relating to gross salary
paid, total leave at credit, the place of present
posting.
CPIO and the DAA denied the information
CIC allowed the information
CIC- DECISIONS
The appellant asked for the following
information:-
(a) no. of employees of BSNL indicted by
Consumer Forum since 2001,
(b) total amount of compensation awarded,
(c) total amount paid by BSNL from public
funds and the amount recovered from the
employees,
CIC- DECISIONS
(d) Specific provision of the Rules under which
BSNL is making payments on behalf of the
indicted employees along with copy of such a
rule,
(e) whether any disciplinary action has been
taken against the erring officials and whether
any amount has been recovered from them.
CIC- DECISIONS
The appellant was asked to pay a sum of Rs.
9,340
Ground of appeal: the information asked
would not even cover half a page but with a
view to deny the information, which could
perhaps be an embarrassment to the BSNL,
such a huge amount has been demanded.
CIC- DECISIONS
BSNL’s plea: the application consists of 6
pages to be sent to 320 field units ; cost of
photocopy Rs. 2 per page
Total 320x6=1920 page x 2 = Rs. 3840
50 CGMs
Cost of compilation at each CGM office
assessed to be Rs.110; total 110x50=
Rs.5,500
Total cost Rs.3840+5500= Rs.9340
CIC- DECISIONS
Information has been received from most of
the units and if the applicant deposits the
amount of Rs. 9340; the information can be
given.
CIC :
Each and every information sought for by the
a citizen cannot be expected to be readily
available at a single point specially in an
organisation like BSNL .
CIC- DECISIONS
Section 7(3)(a) empowers the CPIO to
demand the cost of providing information.
While it is for the CPIO to determine the cost
in terms of this section, neither the Act nor
the rules specify the mode, manner and
components of costs.
As long as the same is based on a rational
basis, a citizen cannot complain.
CIC- DECISIONS
Even a half page information can be compiled
only after all the field units submit their
reports.
The cost of collection computed by the CPIO
is rational and reasonable.
However, since the information has already
collected without collecting the fee, the CPIO
may furnish the information to the appellant
on his depositing a sum of Rs. 1000/-
CIC- DECISIONS
PIO to render reasonable assistance under
section 5(3).
The PIO may call the information seeker for
discussion to clarify the precise information
required
Merely quoting the provisions of section 8 is
not enough –also need the provisions of
section 8 applies.
CIC- DECISIONS
The Public Authority should strength the
grievance redressal mechanism which relates
to the service matters.
Information about Property Return being an
information used exceptionally, must be held
to serve no general public purpose.
Information seeker is a company- not covered
under section 3 of the Act.
CIC- DECISIONS
Section 7(3)(a) authorizes CPIO to determine further
fee as cost of providing the information.
CIC about CR :
(a) it undoubtedly contains personal information
about the employees – disclosure can harm
interpersonal relationship
(b) ACR notings represents an interaction based on
trust and confidence between the officers involved in
initiating ,reviewing and accepting ACR
.
CIC- DECISIONS
(c) these officers could be seriously
embarrassed and even compromised if their
notings are made public;
DPC :
(a) DPC prepares their minutes and make
recommendations based on ACR ,disclosure
of the complete proceedings of the DPC and
the grades given by the various officers to
their subordinates may lead to disclosure of
the ACR.
CIC- DECISIONS
In case the request for information of an
applicant is found to be unclear or vague, it
helps if the applicant is called for a
meeting/hearing where he may be advised to
state precisely what information he seeks;
These may be listed by the CAPIO/CPIO and
the concurrence of the requestor obtained for
their wordings and scope.
CIC- DECISIONS
Damage be paid to the requestor who had to
spend Rs.100 on travel expenses.
DOP instructed not to transfer application
within the same public authority
The details of the Daily diary ,which
contained in it the names and address of
informants, witnesses and other contacts of
the police authorities could not be disclosed
to the appellant under section 8(1)(g)
CIC- DECISIONS
The appellant could be provided not the full reports of the
investigating officers, but the concluding parts of the reports
containing the investigating officer’s findings
The appellant’s request for providing the report of the CBI
enquiry against him was rejected by the CPIO & DAA
CIC : rejection of information has to be in accordance with any
of the provisions under section 8 of the Act
CIC- DECISIONS
Rejection based on confidentiality of the
report is not proper
None of the sub- sections exempts disclosure
on the ground of confidentiality.
Once the action is complete after
investigation, report is not exempt from
disclosure.
CIC- DECISIONS
The CPIO conveyed the decision taken by the
competent authority
CIC : it is the responsibility of the designated CPIO to
deal with application under this act and any decision
on the same has to be taken by the said CPIO;
Likewise comments on the appeal also have to be
sent under his signature as he has to justify the
decision taken by him
CIC- DECISIONS
The normal office procedure to convey decisions is
not applicable in communicating decisions under RTI
Act
While RTI does not allow questioning the intention of
the parties who seek information, when a matter of
this nature reaches the commission , it becomes
important to highlight the same so that such
aberrations do not go unnoticed.