Gist of some CIC Decisions under RTI Act

Article

Gist of some CIC Decisions under RTI Act

Prescription of Application Forms:

• Prescription of form can be done.
• Forms should be simple.
• Reasons for seeking information should not be asked in the Forms.
• Hand written applications are acceptable.

Sharing of File Noting’s:

• Citizens have right to seek information about File Noting’s except those hit by section 8(1) & 9 of the Act.
• File noting provided by other organisation/bank stands covered under fiduciary relationship and cannot be disclosed. 

Sharing of information available in Fiduciary relationship:

• Copies of evaluated answer sheets may be provided but names of the examiner can’t be disclosed.
• Answer key to question paper may be furnished.
• Marks awarded by different Members in interview cannot be disclosed.
• Project Reports are covered under fiduciary relationship and cannot be given.
• List of borrowers is covered under fiduciary relationship and cannot be disclosed.
• File noting provided by other organisation/ bank stands covered by fiduciary relationship and cannot be disclosed.
• Documents provided by Companies are covered under fiduciary relationship.
• Annual Performance Reports stand covered under fiduciary relationship and cannot be given. 

Role of Information Commission in imposing penalty/ grant of awards:

• First Appellate Authority is not covered by the penal provision but disciplinary action can be ordered against them.
• Grant of compensation has been ordered in some cases of metal torture.
• Damages have been ordered to be paid in some cases where applicants suffered some economic loss. 

Service matters:

• Details of immovable property returns of government servants can be shared.
• Documents provided by a candidate relating to selection for a post can be supplied.
• Tour Programme of officers can be shared.
• Enquiry report where evidence has been given in confidence cannot be furnished.
• Annual performance appraisal reports are covered under 8(1)(j).
• Bio data of applicants can be shared.
• Medical reports of other candidates cannot to be provided.
• Criteria for promotion can be given.
• Agreed List for promotion can be disclosed.
• Information about re-employment can be disclosed.
• Conduct of examinations is a confidential activity.
• Merit list of candidates can be shown.
• Specific reasons about ignoring promotion by DPC should be intimated.
• Qualifications of public servants can be given.
• Procedure of appointment can be told.
• Self-appraisal report of third party cannot be given.
• GPF Account of third party cannot be shown.
• Rules for creation/abolition of posts can be supplied.
• Merit list of driving test for appointment can be shared.
• Grant of promotion not covered under Commissions purview.
• Rank in merit list of unsuccessful candidate not be disclosed. 

Financial/Banking matters:

• Bank accounts of other companies are secret.
• Bank are to maintain secrecy of affairs.
• Bank can not disclose valuation reports.
• Loan details cannot be given.
• Income tax returns of individual are confidential.
• Income tax assessment orders in case of suspicion of corruption could be disclosed.
• Tax returns of third party cannot be disclosed.
• Disclosure of Tax Evasion Petition report can be done which are based on complaints.
• Income Tax Returns is personal and cannot be shared.
• Provide investigation report in TEP case after completion.
• Operation of bank accounts is a contract between bank and parties.
• Disclosure of voluntary information about income tax not permissible. 

Supply information in available form:

• Information be provided in form in which it exists.
• Supply information in desired format, where it can be done without disturbing the normal functioning. 

Electronic form:

• Information not to be created for the applicant in electronic form. 

Voluminous records:

• Disclose information without unduly increasing the workload.
• Applicant may be invited to inspect and identify records required. 
• Provision of information in Sub-judice Matters:
• Obtain information through court in sub-judice matters.
• Information about investigation in crime case to be decided on case to case basis.
• Information where prosecution proceedings are in advance stage cannot to be given.
• Matter under investigation may impede process of investigation. 

Impede the process of investigation:

• Supply of information during court proceedings may impedes the process of prosecution. As such the information can be denied.
• Information that may impede the process of prosecution can be withheld. 

RTI not a tool for grievance redressal:

• Information and redress of grievance are distinct.
• Grievance redressal beyond commissions’ jurisdiction. 

Old information:

• 20 year old information can be provided if not hit by section 8(1).
• Information about old record destroyed as per policy cannot be provided. 

Seeking Opinion or advice:

• Reply in Yes/No ought not to be given.
• RTI not to answer queries.
• Don’t seek opinion or advice.
• Who and why cannot be answered. 

Third party Information:

• Personal information containing business detail cannot be given.
• Lodgment of an individual in jail is not covered under privacy.
• Personal information of a third party fiduciary capacity.
• Details about oil company sales.
• Letter of permission. 

Trade secrets:

• Audited balance sheets of third party cannot be shown
• Copy of ledger account can’t be given. 

Unwarranted invasion of privacy:

• Action taken against Police Officers amounts to invasion of privacy.
• Information not held in confidence cannot be denied.
• Matrimonial dispute information cannot be given. 

Different laws when persist

• No right to obtain certified copies under RTI where different laws for providing such copies prevail.
• Seek information under relevant Act (where permissible) 

Fees:

• BPL not to pay cost of documents.
• Charge for priced publications.
• Supply free information in case of delay.

Miscellaneous

• Desist from using offensive language.
• Applicant has right to know the conclusion.
• Clarity in information required.
• Citizen of India can get information (on behalf of society)
• Contract on completion does not remain confidential
• Provide assistance in inspection of files.
• Supply information not withstanding one’s personal standing.
• Investigate fairly in complaint cases. 

Information:

• A claim made by someone cannot be construed as information. 
• Information that is not available cannot be supplied.
• Future course of action is not information. 

Need to follow procedures:

• Transfer RTI application or part thereof to the concerned Public Authority within 5 days.
• Transfer of application within the same Public Authority not permissible.
• Inform applicant about transfer of his application.
• Time limit begins from date of receipt of oral/written request.
• The PIO and Appellate Authorities should pass speaking orders.
• Reply sent by APIO is valid provided it is issued with the approval of the Public Information Officer.  
• Seeking assistance of other Officers in replying not violation.
• Officers whose assistance is sought in disposal of RTI request can be held responsible for delays.
• Provide information which is not hit by exceptions even if it is in custody of the highest authority.
• Reject RTI applications as per provisions of the Act or rulings given by Higher Courts.
• Prefer first appeal before filing second appeal before the Information Commission.
• First Appellate Authority is required to dispose of appeals in 30-45 days.
• Particulars of the first Appellate Authority be provided to the applicant while sending reply.
• Non intimation of particulars of first Appellate Authority amounts to violation of provisions of the RTI Act.
• Applicant cannot make additional demand of information at appellate stage.
• Appeal does not survive when first Appellate Authority gives orders for supply of information.
• CPIO/PIO cannot file appeal against the orders of First Appellate Authority.
• Applicants may personally collect information, if he so chooses.
• Avoid delay in sending replies.
• The PM Office can transfer RTI applications to the Public Authority more closely connected with the request.
• Apply mind before disposal of RTI requests/appeals.
• Avoid duplication of work in organisations.
• Pleading by advocates is avoidable.  
• Service of subsequent pleadings should be done by the parties to the opposite parties.
• Improve record management system.
• Inspection of files be allowed at one place, where the files are available in a scattered manner, at different places. 

Limitation of Information Commission:

• Commission has no powers to issue directions for ordering award of tender to L-I.
• Commission cannot rule on correctness of statements.
• Commission cannot issue directions in the matters concerning government policy.
• Commission is not to perform auditing function.
• Commission cannot orders for rectification of Rules.
• Appointment and establishment matters do not fall within purview of commission.
• Commission is not the appropriate forum for an execution of Decree on the orders passed by the High Courts.
• Grievances related to service matters should be taken up with the appropriate authority. 

Invasion in privacy of individuals/traders:

• Interception of phone calls is highly confidential.
• Importers’/Exporters’ information is forbidden from disclosure.
• Immigration details are confidential.
• Intellectual property is hit by invasion of privacy.
• Confidential Clause of agreement cannot be disclosed.