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Not mandatory for authority to call for info under RTI: Delhi high court


Sajib Nandi

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Sajib Nandi

Even if a public authority has the power to call for certain information, it is not mandatorily required to seek the data to provide it to an applicant under the RTI Act, the Delhi High Court has held.

 

The court said that the authority can only provide information which is available with it to an applicant under the Right to Information (RTI) Act.

 

"The Act is available to make transparent any information that they have. You cannot ask a public authority to mandatorily procure an information, even if they have the power to do so," Justice Vibhu Bakhru observed.

 

The observations by the court came while disposing of a plea challenging an order of the Central Information Commission (CIC) which had declined to direct the Delhi government to call for further information from a private unaided school regarding terms and conditions of service of its employees.

 

Read more at: Not mandatory for authority to call for info under RTI: Delhi high court | India News - Times of India

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Prasad GLN

The HC just reiterated what was stated earlier.

Many citizens still think, that because a Public authority is controlling a private entity, a citizen can seek such information from Public authority on private entity.

Collection and compilation is not PIO's job.

A PIO can provide that information which in his control and custody.

That means a PIO can provide that information, which was already submitted by private entity to Public Authority as per controlling system, and in custody of that public authority.

Because some one asks, PIO is not supposed to seek such information from private entity, only to provide information to applicant.

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