1 pointIf I remember well, subsequent to all this decisions, there was a decision of HC in which a Chartered Company, engaged in investigation of financial frauds, over a complaint against a Government Dept., was denied of that information, went to HC, and it is HC that interpreted the Act. As it is only of academic interest, and I am also more for citizen rights , I have not kept the reference of Judgment. A one timer, can just file simple RTI Application and can get the information. But a multinational company, using this RTI to charge fees to investigate the tenders and such process, using RTI to me appears not proper, as they are using this individual rights to earn profit. I do also remember a such decision by ICSA, wherein one informer, filed several RTI Applications sought such details of employees property details and income details, and the professor has passed strictures against use of this right for profit. This is not all as a reply to the query, and we simply ask individual applicants to file application to satisfy PIO, as our focus should be on getting information and not on trivial issues. Now as Moderator has raised several CIC decisions, I wanted to just share this information for the sake of awareness.
1 pointI have attached a copy of the decisions on the subject matter of discussion, herewith this post. CICs have time and again, consistently taken a view point, that beneficial provisions of the RTI Act cannot be denied merely on technical grounds, on the basis of a restricted interpretation of a definition. But it would always be advisable to avoid applying in the name of an organization. The reason why the definition has been liberally interpreted is because the only out come of the restricted interpretation would be that the person would have to make a fresh application on technical grounds (thereby only resulting in delay rather than denial of information) and in the end the decision to disclose the information or otherwise would depend upon whether the information is exempt under any of the provisions of the RTI Act.
1 pointTo be simple always use a name at the place / blank of applicant without designation,: Ex; XYZ disclose such particulars in the column for full address: Secretary, ABC Society,....... Resubmit your application without further wasteful correspondence with PIO.
1 pointIf you have submitted the application under your name and signature, even if official stationery is used, the PIO cannot deny the information. If so, please file First appeal before the designated First Appellate Authority within 30 days. For detailed grounds for first appeal, please refer to : [h=4]WHO CAN DEMANDINFORMATION UNDER RTI ACT?[/h] However, if you have signed simply as Branch Manager, without your name, it is considered as an application by the BM. In that case, please file fresh RTI application under your name and signature.
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