New DoPT circular regarding 'file notings' under the RTI Act, 2005

[kadalirao 7]

At last by force, DOPT vide OM No. No.1/20/2009-IR dated 23-06-2009 clarified that file noting can be disclosed except file noting containing information exempt from disclosure under section 8 of the Act.

 

http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/RTI/1_20_2009_IR_1.pdf

Disclosure of 'file noting' under the RTI Act, 2005 1_20_2009_IR_1.pdf

[karira 5,897]

Does this mean that each time a PIO receives a RTI Application, he must go through each of the file notings and make sure whether any of them are exempted under Sec 8(1)(a) to (j) ?

[SomeGuy 46]

Yes, I expect it does. In fact that obligation was always present. File notings are "Information", and PIO is required to subject all requested information to the (legitimate) tests of Section 8, before supplying to the applicant.

[sandeepbaheti 106]

I agree with Someguy.

[whackpack 24]

when the situation arises, the PIO can decide to mask out information exempted, that is, if the PIO truly wishes to follow the Act in letter and spirit...

[vnatarajan 33]

Provision of Section 8 exemption- if it is made all pervading- can be ill-utilised by PIOs. File Notings will never see the light of the day!

 

For eg. in regard to Central Govt Ministries/ Authorities- everything and anything requires a Financial Concurrence- and which in turn is related to Budget- which in turn is related to Cabinet Decision etc etc.

 

If you want to paralyse "furnishing" of the "INFORMATION" in reply, you can subject the draft reply to information to a variety of inter-ministerial links and somewhere Section 8 can be brought in.

 

This is happening in our Sixth CPC related Pension Revision Injustice issue - where a new scale had been created "IN HASTE" AND in a "LIGHTNING MANNER" for an ELITE level, and information sought on this is being denied- taking umbrage under the Section 8 provisions- Referring to the new pay scale creation order issued by the Govt., the extract of the RTI reply received by me/ other friends of mine is as follows:

 

"The decision of the Government leading to the issue of Ministry of Finance Department of Expenditure's Notification No GSR 527 (E) dated 16th July 2009 involves other items also. The process with regard to other items is not yet complete. As it is difficult to for this Department to segregate the other items at this stage, we express our inability to supply the said documents as per provisions under Section 8(1)(i) of the RTI Act 2005".

 

There can be no better atrocious and ill-founded reply than this if we believe in TRANSPARENCY in administration can be ensured through RTI!

 

A decision wrt a NEW SCALE CREATION was completed within 14 days - orders issued for serving Officers- similar orders were issued for pre-2006 pensioners of that ELITE scale at lightning speed within the next month- and this remedy is very much related to the same DISPARITY- related INJUSTICE issue for several segments of pre-2006 pensioners (particularly S29 Scale- Jt Secy level/ equivalents being maximum sufferers)-

 

WHY LINK IT TO OTHER ITEMS FOR FURNISHING SIMPLE INFORMATION ASKED UNDER RTI PROVISIONS?

 

AS THIS ITEM WAS DEALT WITHIN 9 DAYS BETWEEN RECOMMENDATION AND IMPLEMENTATION, WHAT IS THE TIMEFRAME REQUIRED TO SEGREGATE DATA WRT ANOTHER ONE SCALE OF SIMILAR DISPARITY?

 

WHAT TYPE OF DIFFICULTY THE DOE HAS TO FACE IN SUCH SEGREGATION? EXPOSURE OF THE NEXUS? NEED TO AVOID TRANSPARENCY?

 

WHEN THE PROCESS WILL BE COMPLETED-NOW THAT ANOTHER SIX MONTHS ARE OVER?

 

So you can see how the provisions under Section 8 can be mis-used to avoid transparency and hide exposure of embarassing decisions and the nexus!