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  1. Central Information Commission agreed to the RTI applicants right to seek information in the case considering that no legal provision debars disclosure of information pertaining to an unauthorised construction, particularly one which is directly affecting the RTI Applicant. The Commission stated that as the applicant is a stakeholder in the Society and affected by the unauthorised construction and illegal usage of the flat for running an industrial unit, therefore, is directly adversely impacted by such act of the owner of the premises. The East Delhi Municipal Corporation denied information invoking Section 8(1)(e) and (j) of the RTI Act, 2005. The commission stated that these provisions are not applicable since the information sought is neither personal in nature nor is information about unauthorised construction held in fiduciary capacity by the East Delhi Municipal Corporation. Unauthorised Construction [the_ad id=3789] On the contrary, information about such violation of law and punitive action in such cases should be uploaded on websites and publicised by every possible medium in order to strike the fear of law in the minds of the miscreants in order to discourage such illegal practices. Hence, the Commission was of the considered opinion that the Respondent shall provide accurate and complete response to the applicant stating the exact Action Taken on his complaint, alongwith supporting documents, in response to each query of the appellant, within a week of receipt of this order. The decision is available on our portal here: Unauthorised Construction RTI [wysija_form id=1]
  2. If First Appellate Authority claims that applicant has expressed satisfaction with the information furnished before the appellate authority, does the Appellant is precluded from preferring a second appeal on the same RTI application.? The Central Information Commission rejected the claim and directed the FAA to again hear the applicant afresh after affording an opportunity of hearing. The Commission relied on Section–102 of The Indian Evidence Act, 1872 which is extracted hereinafter: 102. On whom burden of proof lies.-The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Still file Second Appeal The onus to prove the fact of having made a statement of satisfaction as well as contents thereof lies on the Respondent. The Commission cannot adjudicate a question of fact in absence of any corroboration tendered by the respondents. The decision can be read here: CIC_CC_A_2014_001218_M_180551 You can discuss the issue on our forums here!
  3. 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!
  4. rtiindia

    RTI is my hobby

    Can one make RTI as a hobby? Especially when there is no public interest? In the hearing at Central Information Commission, an RTI applicant stated that 'Filing RTI is my hobby, and there is no public interest in those RTI". CIC came heavily on to the applicant and stated that such hobby of filing RTI without any public interest causes loss of both time and energy of the Government and it causes disproportionate diversion of the resources of the public authority. (Clause 7 (9) of the RTI Act 2005) CIC warned the applicant not to waste time and resources of the public authority, or else Central Information Commission shall not take cognisance of such appeal or complaint. RTI is my hobby Earlier, the RTI applicant has filed 11 applications with 15 to 23 points each related to log books of the Government and Private vehicles of Prasar Bharti, Hissar. When CIC asked why this information is required and what is the public interest involved in such RTI, the applicant stated that he is posted in Agriculture university Haryana and asking such information from All India Radio is his hobby and there is no public interest but only his personal interest. The decision is available in Hindi at the CIC website here: Sh. Chandrabhan Didhoria Vs Prasar Bharti, Hissar You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  5. While hearing the 2nd appeal, Central Information Commission decided that disclosure of information in relation to unauthorized construction and encroachment does not require clearance from any third party. The commission retreated that in a number of decisions, the CIC has held that when appellant seeks the sanctioned building plan of any third party, public authority should provide the (horizontal) sanction plan(s) of the properties of the Third Party by omitting the internal room arrangements in the plan(s). The external walls with openings and projections should be shown along with the Area Statement for all the floors which has been approved/ regularised. If you want to file RTI online, do read our guide here on how to file RTI Online. Earlier NDMC has denied information by invoking section 8 (1) (j) of the RTI Act on the ground that the sanctioned building plan and other information sought in the RTI application is personal, while the Appellant stated that due to the unauthorised construction, extensive damage was caused to his house. Appellant further stated that the house was inspected by a highly qualified Structural Engineer (M. Tech in Structural Engineering) at his request by the Institution of Engineers (India), who opined “The cracking of roof slab has seriously affected the safety of the house. The structural cracks are expected to widen further or new cracks may develop if the earth under the foundation is not yet fully settled, thus making the building at A-1/9 more unsafe. These cracks may be disastrous in the event of an earthquake. The building itself may collapse. The ideal solution would be to demolish and reconstruct the affected portion of the building at A-1/9 which is indeed cumbersome and very costly. Repairs may be attempted by injection grouting with non shrink cement grout by the experts in the field”. The appellant is aggrieved as his house is damaged because of construction on a neighbouring plot and is seeking compensation for the same. Unauthorized construction and encroachment does not require clearance from any third party The Commission directs the respondent to provide complete information in relation to Unauthorized construction and encroachment. As regards to the sanctioned building plan, the Commission directs the respondent to provide to the appellant the (horizontal) sanction plan(s) of the properties of the Third Party by omitting the internal room arrangements in the plan(s). The external walls with openings and projections should be shown along with the Area Statement for all the floors which has been approved/ regularised. The Commission also directed PIO, EE (B-II) and PIO, EE (B-I) /CLZ of NDMC to submit Written Submissions, latest by 5th September, 2014, to show cause why penalty should not be imposed on him under Section 20 (1) of the RTI Act, for not providing the information within the prescribed period under the RTI Act. CIC further recorded that: The Appellant has clearly been harassed and has had to file the first and second appeal completely unnecessarily. Because of the inept handling of this RTI Application this has occurred. Harassment of a common man by public authorities is abhorring and legally impermissible. Nothing is more damaging than the feeling of helplessness and specially when a senior citizen is the victim. Many instead of complaining would succumb in such circumstances. Therefore the award of compensation in such cases is called for in the interest of justice. The Commission awards compensation of Rs.10,000/- to be paid to the Appellant under Section 19(8) (b) of the RTI Act for the loss and detriment suffered by him in getting the information. The case citation is available here: Maj. Gen. Baldev Kumar Vs NDMC You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  6. It is a settled proposition of law that details of official tours, leave record of a public servant are not exempted per se from disclosure. The citizenry has a right to seek information regarding acts done by a public servant in discharge of his official duties except when the same is qualified under Section 8 of the RTI Act, 2005. Medical details of the spouse of an officer is personal information The CIC in its decision stated that medical details of the spouse of concerned officer are personal in nature and revelation thereof shall cause unwarranted invasion of the privacy. Read Similar stories: Privacy Rights of Public Servants The decision is available here!
  7. After filing 30 applications on the same subject with different names but with the same handwriting, Central Information Commission came heavily by warning to desist from misusing the provisions of the RTI Act for settling his personal scores with the respondent. CIC further stated that "In case the appellant continues to prefer RTI applications which are vexatious and frivolous in nature with a view to disproportionately divert the resources of the public authority, then the PIO will be free to deny information under the provisions of section 7 (9) of the Act." It is certain that this variety of the vexatious and frivolous petitions is not going to serve the interest of the Right to Information ⎯ the self-serving, pious protestations of serial petitioners such as this one notwithstanding. NDMC, the Respondent informed that appellant who has filed at least 30 RTI applications in different names with similar queries, having the same handwriting regarding pending payment of M/s Gyan Const Co. against work done by the agency. Vexatious and frivolous RTI are ground of denial The Commission emphasised that though the Respondents are duty-bound to supply information asked for by the Appellants, the Appellants are also required to keep in mind the objectives of the RTI Act as outlined in the Preamble to the Act: and that is, to introduce the elements of transparency and accountability in the functioning of the public authorities and to contain corruption. The citation is available here: Sh. R.K. Chauhan & Sh. N. Singh Vs NDMC Some of the similar decisions posted at our Case segments are as below: Probe into the motive behind repeated RTI No Right to Repeat: Citizen has right to information only once- Rules CIC What are your views? Does this practice of refusing RTI on grounds of repetition justified? You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  8. Using the powers vested under Section 19(8)(a)(iii), Central Information Commission directed the Commissioner Registrar General of India to review the Birth and Death certificate and issue suitable amendment to ensure information requirements of common man are met. When the RTI applicant showed the example to commission that earlier as far as 1991, there used to be all necessary columns in the death certificate and now those columns are missing after the revision of the format in the year 2000, the commission gave directions to Registrar General of India to amend Birth and Death Certificate. If you are interested in downloading various forms, please visit our developmental sister portal formstore.in here. The Birth and death certificate is an important document which are required at various places such as court, school and various day-to-day work. And by reduction in the column in both birth and death certificates, the common man are facing a lot of difficulties. Registrar General of India to amend Birth and Death Certificate The RTI applicant in its second appeal stated that without the necessary columns which is due to revision in the format, the age of the deceased cannot be determined from the Death certificate. He quoted the birth certificate from the year 1991 which made this clear. The Office of the Registrar General and Census Commissioner, Ministry of Home Affairs is responsible for conducting the decennial Census. The citation in Hindi is available here: Ved Prakash Sharma Vs North Delhi MCD You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  9. RTI applicant wife filed complaints against the RTI applicant in not one but two police stations. The Puducherry police refused to give the copy of a complaint by the appellants wife and inquiry report, on grounds of physical safety, by invoking exemption under section 8(1) (g) of the RTI Act. Central Information Commission while hearing the case recorded that "as to how the physical danger to the wife’s safety is enhanced by the appellant knowing the contents of her complaint, since the substance of her charges is already known through the contents of the complaint filed in another police station made available to him through another RTI Application". If you want to file RTI Online, do read our guide on how to file RTI online here! Further, CIC observed that "Since the inquiry by Puducherry Police is over and the Complainant is signatory to the letter by the both parties for approaching the family court, due to which inquiry was closed- clearly strengthens his claim to get a copy of the documents. The inquiry is also not required in other cases." Marital Disputes and RTI Section 8(1) (g) The Commission did not accept the grounds taken by the respondents for denial of information under Section 8(1) (g) of the RTI Act. The Commission directed SP & PIO of UT of Pondicherry to provide the information sought in the RTI. Earlier Shri V. Ayyappan, the RTI Appellant sought a copy of the complaint, filed against him by his wife in the Police station at Puducherry with the copy of enquiry report and copies of the statements given. PIO on 24.10.2012 refused to give information stating therein that the information could not be provided under the provisions of Sec 8(1)(g) of the RTI Act as disclosure of the same may endanger the life or physical safety of the appellant’s wife who resides in Puducherry. The case citation can be downloaded from the CIC website here: V. Ayyappan Vs SP UT of Pondicherry You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
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