Monthly Archives: December 2014

Asking for inspection of record instead of giving file record

inspection of records under RTICentral Information Commission, after giving one of the important judgement “No provisions to deny information on grounds that it disproportionately divert the resources“, citing case law from Kerala High Court now has issued show cause notice to Public Information Officer (PIO), as to why instead of giving the file under RTI Application, he has offered applicant to inspect the record.

In a similar citation posted at out law segment here: Can PIO direct inspection of records under RTI without knowing where the information is?, Central Information Commission (CIC) has decided that  Read more ›




No provisions to deny information on grounds that it disproportionately divert the resources

disproportionately direvert the resourcesUnder Section 7(9) of the RTI Act, the Public Authority can deny information in a particular form but it cannot refuse totally. Section 7 (9) does not even confer any discretion on a public authority to withhold information, let alone any exemption from disclosure. It only gives discretion to the public authority to provide the information in a form other than the form in which the information is sought for, if the form in which it is sought for would disproportionately divert the resources of the public authority.

Hon’ble Kerala High Court in TREESA IRISH vs. THE CENTRAL PUBLIC INFORMATION OFFICER [WP(C).No. 6532 of 2006], with regard to Sec 7 (9) of RTI Act, had observed as follows:­ “In fact there is no provision in the Act to deny information on the ground that the supply of the information would disproportionately divert the resources of the public authority……” Read more ›




BSES under RTI – yet to be decided

bses under rtiThe fate of B.S.E.S as public authority is still not settled and the matter has been stayed by the Delhi High Court in Stay order 23.1.2007 in W.P. (Civil) No. 544/2007 (BSES Rajdhani Power Limited vs. CIC).

The commission decided that this matter be listed for hearing once the Delhi High Court pronounces its decision.

Following the privatisation of Delhi’s power sector and unbundling of the Delhi Vidyut Board in July 2002, the business of power distribution was transferred to BSES Read more ›