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

CIC- DECISIONS

(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.