Non payment of fee is not prescribed ground for rejection of request : CIC

[MANOJ B. PATEL 21]

Appellant's had requested to provide information which was rejected by the PIO stating, 'appellant paid fee of Rs. 10 in form of court fee stamp which is not proper mode'. Commission observed that; it is clear that fee is not material factor to throw out the RTI request. Non payment of fee is not prescribed ground for rejection of request. Commission directed the PIO to provide required information and also issued a SCN for compensation.

CIC_SA_A_2014_001610_M_158593.pdf

[jps50 1,580]

Few ICs have in the past decided that if there is no proper payment of filing fee [mode and amount etc] then it is not a valid RTI application and hence PIO is justified in not responding to it. In some cases ICs pulled up PIO as he had not provided reasonable assistance under section 5.3.

[MANOJ B. PATEL 21]

This decision is in detail and IC also discussed indirectly on principle of natural justice. He also quoted guidelines of DoPT.

[Prasad GLN 1,761]

DOPT directive says that information can be provided even without fees, but appellant can not avail RTI benefits like appeals/complaints to CIC.

But Hon IC reversed the tables. Those of us who paid could not get information, now those who have not paid are getting information and compensation also. Great .

Because, printing of Rs. 10/- IPO is a loss to Govt., and further correspondence increases the expenditure. As far as Fee is concerned, it has gone to Govt., and intentions of applicant is bonafide.

In yesterday's post, PIO refused to post information as who can send with our costs, come and collect.

The most interesting factor and innovative procedure now being adopted by Hon IC is that next date of compliance is also being announced immediately for second hearing once again, unlike non compliance complaints are not being taken up by ICs even after two years.