In 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!