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Disseminating important decisions by CIC and various State Information Commissions in respect of Ministry of Railways

Railways Recruitment Board advised not to destroy examination copy

record-retention-rtiIn a Central Information Commission hearing it was advised to Railways Recruitment Board advised not to destroy examination copy during the pendency of a RTI appeal. It was advised by CIC to Change their record retention policy so that a marksheet which is under consideration in an appeal under RTI Act is not destroyed.

It was also advised to put on Railway website basic details about every examination after the results are declared e.g. copy of question paper, key answersheet, cut off marks etc.

The RTI Applicant has south information on the total marks obtained, copies of question paper and key answersheet, copy of OMR answer sheet and cutoff marks merit of General, OBC & SC/ST categories in the above examination. Read more ›

No third party exemption on discrimination

third party exemption on discriminationIn yet another case Central Information Commission has allowed inspection of documents pertaining to third party citing larger public interest even though third party has said that his file should not be shown to anyone. The RTI applicant argued that the matter was a matter of interest to the public because the railways had indulged in selective decision­ making and discrimination. The appellant said that the railways had decided differently in the matter of one person, hence the issue was of interest to those who had not been given the same treatment. CIC found the argument of the appellant tenable and allowed inspection of the documents. (If you have any questions relating to third party clause, please go to our forum here and post your query, our experts shall reply to you).

The learning for PIO is that if the third party objects to giving the information, the Public Information Officer must take his objections and see if any of the exemption clauses of Section 8 (1) apply. Even, if any of the exemption clauses apply, the PIO is then obliged to see if there is a larger Public interest in disclosure. If none of the exemption clauses apply, information has to be given. Read more ›