Public Authority can’t deny information on the behest of any resolution taken by them

rti-resolutionIn a recent decision, CIC has ruled that Public Authority can’t deny information on the behest of any resolution taken by them. National Joint Committee for the Steel Industry (NJCS) which is an umbrella body of the unions of SAIL and RINL had made a self resolution that NJCS is a bipartite forum which comprise of workers and management representatives. The decisions taken in NJCS are only circulated in the form of Notes of Conclusions among the Members of NJCS only. The same are for internal use of members only and as such, cannot be shared under RTI.

NJCS is a bi-partite forum and as such information pertaining to NJCS cannot be provided under RTI Act…..

Even CIC had earlier decided that as 80 to 85% of the funds for this body come from SAIL Steel plants. Hence, this entity is held to be a public authority u/s 2(h)(d)(i) of the RTI Act. (decision of the Commission in F.No. CIC/LS/A/2012/002516 in the matter of M D N Panicker vs SAIL). Thus clearly National Joint Committee for the Steel Industry as a public authority is under an obligation under the statute to provide such information to maintain transparency.

Public Authority can’t deny information

Another RTI application was denied by taking recourse to it’s resolution. However, CIC held that

The resolution taken by NJCS in its 247th meeting is not in conformity with the provisions of RTI Act. Public Authority can’t deny information on the behest of any resolution taken by them unless it is exempted under Sec 8 of the RTI Act, 2005.

What are your views? The decision can be read here!

Posted in CIC Decisions
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3 comments on “Public Authority can’t deny information on the behest of any resolution taken by them
  1. R. Muralidharan says:

    The stand taken by the PA exhibits how such public authorities are allergic to the Act and how they want to circumvent the RTI Act by quoting all such untenable defense. Any amount of training to them will be of little use, unless there is a paradigm shift in their mind set.

  2. G.L. N. Prasad. says:

    NJCS definitely challenges the decision stating that information in between employer and employee is not having larger public interest.

    • R K Mishra says:

      Hi all,
      I have tried my best to bring Transparency in NJCS.
      National Joint Committee for Steel Industries(NJCS) is a body comprising of Union leaders & High level officers of member Steel Plants(SAIL units & RINL).

      It was constituted to deal with wage negotiations & other facilities for workers.
      Like their Political masters, some Union leaders abhor RTI. They hv taken Resolutions to shield all information regarding NJCS. They blame other groups & glorify their own activities in NJCS. Management never discloses the facts regarding the negotiations. Thus, contradictory & confusing information is disseminated with the mercy of the leaders.

      Every worker of member Steel Plants has the Right to get the Information on NJCS, formed for his/her own welfare.

      Strangely, NJCS members had taken repeated Resolutions to shield information.

      My RTI & and arguments can be seen from the following link.

      https://www.scribd.com/doc/297134266/NJCS-RTI-Appeals

      I don’t know whether the Hon’ble commissioner has gone thru my arguments or not. Experts may decide on rational behind sec 8(1)(e)based on my arguments.

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