Decisions of Central Information Commission (CIC) – Section-Wise

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RECENT CIC DECISIONS/JUDGEMENTS

2023

• CIC Decision dated 25.10.2023 on the Second Appeal filed by Subrata Goswami vs. PIO, Department of Posts, Yogayog Bhawan, C.R. Avenue, Kolkata-12 – Referring to a judgement of Delhi High Court, the CIC, inter alia, observed that ‘malafide’ on the part of the PIO to deny disclosure of information is a sine qua non for imposition of penalties specified under the RTI Act, 2005. The CIC accepted the explanation tendered by the then PIO and found no reason to disbelieve him. There was nothing on record to suggest that he acted malafidely or failed to exercise his due diligence. The penalty proceedings were dropped by the CIC. [Section 20(1); penalty on the CPIO/PIO]
• CIC Decision dated 27.09.2023 on the Second Appeal filed by Shri Ram Meena vs. PIO, Principal Commissioner of Income Tax, I.P. Estate, New Delhi -The CIC observed that in the matter of Khanapuram Gandaiah vs Administrative Officer &Ors. [SLP (CIVIL) NO.34868 OF 2009], the Hon’ble Supreme Court held as under:
  “… … The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information.” (Emphasis Supplied)
  Hence, it was decided by the CIC that no intervention of the Commission at this stage was required in the matter. [Sections 2(f), 8(1)(h); Case under investigation]
• CIC Decision dated 27.09.2023 on the Second Appeal filed by Yash Malhotra vs. CPIO, Income Tax Department, Vikas Bhawan, IP Estate, New Delhi – The CIC directed the CPIO to provide only the “generic details of the net taxable income/gross income” of the Appellant’s wife for the specified time period as contained in the RTI Application. [Section 8(1)(j); Income of wife]
• CIC Decision dated 21.08.2023 on the Second Appeal/Complaint filed by Shri Saurabh Agrawal v. PIO, Bharat Petroleum Corporation Limited – CIC: “Filing a series of RTI applications and inundating the CPIOs with queries is not in keeping with the spirit of the RTI Act. … … A single information seeker cannot usurp a collective right to the detriment of all others having an identical right nor should a person be allowed to file indiscriminate and unchecked Second Appeals/Complaints so as to clog the system of adjudication itself to the disadvantage of others. It will lead to a colossal waste of time and resources of the Commission which has the obligation to cater to thousands of genuine information seekers facing hurdles. The means adopted by the Complainant … … only points to the ignorance of the Complainant about the spirit of the RTI Act.”
  Hence, the complaints were dismissed by the Hon’ble CIC. [Sections 8(1)(d) & (j), 11, 18, 20;  Third Party Information, Indiscriminate Second Appeals/Complaints]
• CIC Decision dated 06.07.2023 on the Second Appeal filed by Mr. Prabhat Chandra Chaturvedi vs. O/o of Pr. Chief Commissioner of (IT), CCA), Kanpur and O/o of Addl./Jt. CIT, Central Range, Meerut – The Commission, inter alia, directed the CPIO to reiterate his offer of inspection of the relevant available records on a mutually decided date and time.
  Further, copy of documents, as identified and desired by the Appellant was required to be provided free of cost upto 50 pages and thereafter upon receipt of RTI fees as per RTI Rules, 2012. In doing so, the CPIO was at liberty to redact the relevant records of third party’s disclosure of which stood exempted under Section 8(1)(j) of RTI Act by keeping in view the applicability of Section 10 of RTI Act for severance of records.
  The CPIO was also directed to by the Commision to ensure that due assistance is provided to the Appellant during the inspection in accessing and identifying the records. [Sections 8(1)(j), 10; Inspection of Records, IT Search Operations] 
• CIC Decision dated 09.06.2023 on the Second Appeal filed by Raman Verma vs. Regional Business Officer-IV, Mohali, SBI, Patiala, Punjab – It has, inter alia, been observed by the CIC that “… … outstretching the interpretation of Section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act.”
  It was further observed that point wise replies furnished by the CPIO to assist the Appellant was in the spirit of RTI, merits of which ccould not be called into question. [Sections 2(f), 7(9), 8(1)(d)(e) & (j); Humongous Information Sought by Applicant, Multiple RTI applications, SBI]
• CIC Decision dated 24.04.2023 on the Second Appeal filed by Shri Satwant Singh Yadav vs. PIO, PMA Cell, Director Police-I, Ministry of Home Affairs – The CIC observed that the CPIO has denied the information to the Appellant under Section 8 (1) (i) of the RTI Act for point no. 2, 3 and 4 of the RTI Application, which is legally untenable.The Commission further observed that denial of information under Section 8 (1) (j) of the RTI Act for point no. 5 of the RTI Application is not found legally convincing. Therefore, the Commission directed the CPIO to provide a revised reply qua the query number 5 of the instant RTI Application, either justifying the denial of information under Section 8(1)(j) of the RTI Act, or furnish the information sought by the Appellant, invoking the severability clause under Section 10 of the RTI Act, to redact all personal information related to any third party. [Sections 8(1)(i)&(i), 10; Consideration For Gallantry Award]
• Sec. 6(1), 8(1)(e) & (j); CM Arvind Kejriwal, Oral request suo motu converted into an RTI application; Educational document is personal information; Personal Information; Penalty on Respondent No.2
  Gujarat High Court directed as under:-
  Para 30
  “In absence of any inherent or suo moto powers being vested in the commission by the RTI Act, the Commission could not have entertained an oral request and suo moto converted it into an RTI application; that too at an appellate stage.”
  xxx                xxx                  xxx
  “40.   Further despite the degree in question being put on the website of the petitioner University for all to see and despite this fact being made expressly clear with precision in the pleadings before this Court and despite the respondent never ever disputing the degree in question either during the pendency of these proceedings or even during final hearing, the respondent No.2 has persisted with the matter. This is one more reason to impose costs while allowing this petition.
  41 Accordingly, petition is allowed. The impugned order dated 29.04.2016 passed in proceeding is quashed and set aside. Respondent No.2 is directed to pay costs of Rs.25,000/- to be deposited with Gujarat State Legal Services Authority within a period of 4 weeks from the date of this judgment.” – Gujarat HC Judgment dated 31.03.2023 – Gujarat University vs. M Sridhar Acharyulu (Madabhushi Sridhar) & 3 other(s) – [Sec. 6(1), 8(1)(e) & (j); CM Arvind Kejriwal, Oral request suo motu converted into an RTI application; Educational document is personal information; Personal Information; Penalty on Respondent No.2]
• Section 24(1)
  — Delhi High Court: “Thus, considering the fact that the Central Economic Intelligence Bureau is clearly exempted under Section 24(1) read with Schedule II of the RTI Act, the direction of the CIC to provide the outcome of the complaint to the Respondent/ RTI Applicant is not sustainable and the same would be contrary to law. Accordingly, the said finding and direction of the CIC is set aside.” –   Delhi HC Judgment dated 25.01.2023 – CPIO, Central Economic Intelligence Bureau Vs. G.S. Srinivasan
• ACRs/Merit List of Defence Officer
  — Delhi High Court: “15. In the opinion of this Court, the information sought in the present petition would not be liable to be disclosed, owing to the nature of the information i.e., relating to senior personnel in the Navy. The CIC’s order does not warrant any interference.” –  Delhi HC Judgment dated 11.01.2023 – Jagjit Singh Pal Singh Virk Vs. Union of India & Anr. [ACRs/Merit List of Naval Officer] 
• CIC Decision dated 06.01.2023 on the Second Appeal filed by Ms Renu Bala Kochhar Vs. Public Information Officers, DDA, New Delhi – The Commission directed the then PIO through the present PIO to send his/her written submissions to justify as to why action should not be initiated against him/her under Section 20 of the RTI Act for the gross violation of its provisions. Further, in doing so, if any other persons are also responsible for the omission, the then PIO was required to serve a copy of this order on such other persons to ensure that written submissions of all such concerned persons are sent to the Commission. [Section 20; CPIO’s role]

2022

• CIC Decision dated 25.11.2022 on the Second Appeal filed by Shri Subhash Chandra Agrawal Vs. CPIO, Department of Revenue, Govt. of NCT of Delhi and others, including Delhi Waqf Board – The Commission, inter alia, directed the CPIO, Delhi Wakf Board, to provide compensation of Rs 25000/- to the Appellant keeping in view the mental agony he faced and man hours and resources he lost due to stonewalling of the information by DWB for almost nine months.
  The Commission has also observed that the highest Court of the country in passing this order (on 13.05.1993 for special financial benefits from public treasury to only Imams and muezzins in the mosques) acted in violation of the provisions of the Constitution, particularly Article 27, which says that the tax payers money will not be used to favour any particular religion.
  The Commission deemed this matter of extreme importance for the unity and integrity of the nation and interfaith harmony, and directed its registry to forward a copy of this order to Hon’ble Union Law Minister with the Commission’s recommendation for suitable action to ensure enforcement of provisions of Articles 25 to 28 of the Constitution of India in letter and spirit, to keep all religions of India at par in terms of payment of monthly remuneration of priests of different religions at the cost of the pubic exchequers (both Central and State) and also other matters. [Sections 5(4), 7(6), Art. 27 of Constitution; Imams of Masjid, Priest of Temple, Delhi Waqf Board]
• CIC Decision dated 11.11.2022 on the Second Appeal filed by Shri Chitresh Kumar Banjare Vs. PIO (1) Delhi Police & (2) Delhi State Legal Services Authority – CIC: “Yet, it is found that the Appellant has undermined the spirit of the RTI Act by clogging the system with a barrage of RTI applications, merely claiming irregularities within the JNU administration.
  In the light of the aforementioned decisions, and the fact that more than 118 cases of the same Appellant on the same subject matter have so far been adjudicated by different Information Commissioners of this Commission, the Commission is not inclined to entertain any further adjudication on the same subject, since no cause of action subsists under the RTI Act.”
  [Multiple RTI Applications]
• CIC Decision dated 01.11.2022 on the Second Appeal filed by Shri Sura Prasad Pati Vs. CPIO, Punjab National Bank (Erstwhile United Bank of India), Bhubaneswar – Son can’t get details of deceased mother’s pension account without death certificate
  CIC: “… … the appellant was son of family pension holder Smt. Rebati Pati, hence, was entitled to the information sought by him. However, in compliance of the FAA’s order, the appellant had not provided the death certificate of account holder. In case he completes the formalities, the information may be provided to him…” [Sections 8(1)(e) & (j), 20(1); Family Pension Details]
• CIC Decision dated 01.11.2022 on the Second Appeal filed by Shri Rajeev Kumar Agarwal Vs. PIO, CISF – The CIC observed that keeping in view the facts of the case and the submissions made by both the parties the Commission at the outset observes that the CRPF is an organization exempted from the purview of the RTI Act, 2005 as per Section 24 (1) r/w the Second Schedule of the Act and information can only be disclosed in such cases where allegations of corruption or violation of human rights is alleged which the Appellant in the instant case has not justified. The only contention of the Appellant was that the information sought does not pertain to the core activities of the organization which may jeopardize the security of the state Hence, no further intervention was required in this case.
  [Section 24(1); CSIF as an exempted oganisation]
• CIC Order dated 16.09.2022 on the Second Appeal filed by Gautam Saren Vs. CPIO, National Test House, Kolkata – The Commission observed that the reply provided by the then CPIO was inappropriate and that a blanket denial of information under the garb of Section 8 (1) (j) of the RTI Act was inadequate as no personal information of third party has been sought by the Appellant. The Commission admonished the then CPIO for providing such mindless and incongruous replies. Hence, the Commission deemed it fit to direct the present CPIO to provide revised and specific information qua the instant RTI Application to the Appellant. [Sections 8(1)(j), 5(4); Dates of Joining of Officers, National Test House]
• CIC Decision dated 04.08.2022 on the Second Appeal filed by Prakash Gopalan Vs. Public Information Officer, Office of CPMG, Kerala Circle, Deptt. of Posts, Thiruvananthapuram – The Commission directed the concerned PIO to furnish a revised reply to the Appellant, with regards to total period of working in the office as on the specified date, as mentioned in the RTI Application. The PIO was also required by the Commission to make sure that any third-party information or any other information which is exempted from disclosure under RTI Act, 2005 shall not be disclosed to the appellant while providing the said reply. [Section 8(1)(j); Department of Posts]
• CIC Order dated 01.08.2022 on the Second Appeal filed by Anil Kumr Agrawal Vs. CPIO, Canara Bank, Hapur – The Commission noted that the respondent pleaded that they had not received the application dated 27.02.2020. The Commission directed the CPIO to seek necessary assistance and communicate with the appellant in order to respond to the RTI application within the timelines prescribed under the RTI Act. [Section 20(1); Non-Receipt of RTI Application, Canara Bank]
• CIC Decision dated 06.06.2022 on the Second Appeal filed by Dr. Rajiv Khatri Vs. CPIO, University Grants Commission, New Delhi – CIC: “….. the Commission is extremely irked to note that the onus of replying to the instant RTI Application is being shifted across different division of UGC.The Commission expresses severe displeasure for showcasing lackadaisical approach of the Respondent in the instant matter. The Commission further notes that even after an efflux of 2 years of time, the Respondent public authority is yet to ascertain the actual custodian of the information. The Commission treats this as a blatant error and willful violation of the provisions of the RTI Act and the said conduct of the Respondent Authority is highly admonished.”
  [UGC, Grievance Redressal Mechanism in UGC]
• CIC Decision dated 25.05.2022 on the Second Appeal,Complaint filed by Prasoon Shekhar Vs. CPIO, Bar Council of India, New Delhi – CIC: “The FAA burst into frenzied arguments with the Appellant for bringing up allegations of lack of transparency and for insisting on non-compliance of earlier Commission’s directions. The Commission took exception to the disdainful conduct of the FAA and closed the hearing proceedings.” xxxxx
  The Commission directed the FAA to place this order before their competent authority to ensure that action is expedited with respect to the upgradation of the BCI website while also incorporating the stipulations of the Commission in the H N Pathak case. The Commission also directed the CPIO to reiterate the opportunity of inspection of the available records to the Appellant and facilitate the same on a mutually decided date & time.[Conduct of FAA, Bar Council of India, Inspection of Colleges by BCI]
• CIC Decision dated 27.04.2022 on the Second Appeal filed by Shri Hari Gupta Vs. CPIO, Office of DG of Income Tax, Lucknow – Directorate of Income Tax (Investigation) is an “Exempted Organization”. CIC: “… no further disclosure in this respect is warranted in the matter in keeping with the provision of Section 24 of the RTI Act.”
  [Sec 24; Tax Evasion Petition (TEP), Exempted Organisation]
• CIC Decision dated 25.04.2022 on the Second Appeal filed by Savio J.F. Correia Vs. CPIO, Mormugao Port Trust, Goa –  The CIC, inter alia, observed that “The Commission is thus unable to appreciate the square applicability of Section 8(1)(d) of the RTI Act to the specific information sought for in the RTI Application in the absence of any justification to this effect by the CPIO as required under Section 19(5) of the RTI Act, and therefore the denial of the information is not acceptable.” The Commission, therefore, directed the CPIO to provide the available information under the categories mentioned in the RTI Application in the form of a written reply or an extract wherein only these heads of information figure, as per the provisions of the RTI Act. [Secs. 8(1)(d) & (j), 19(5); Financial Investment by Statutory Body]
• CIC Decision dated 23.02.2022 on the Second Appeal/Complaint filed by Sh. Nagsen Rajaram Suralkar Vs. Department of Posts, Office of Supdt. of Post Office, Bhuswal, Maharashtra – The CIC, inter alia, observed that the CPIO has erred in providing the caste related information of all the employees in response to point no. 1 of RTI Application to the Appellant without seeking consent of said employees under Section 11 of RTI Act. In this regard, the CPIO was advised to follow due process of law as envisaged under the RTI Act before parting with any information which stands exempted from disclosure under Section 8(1)(j) of RTI Act. [Section 8(1)(j); Caste-Related Information of Employees]
• CIC Decision dated 22.02.2022 on the Second Appeal/Complaint filed by Sh. J.P. Tiwari Vs. CPIO, Department of Personnel & Training, New Delhi – The CIC decided that it (the facts of the case) reflected on the then CPIO’s gross non-application of mind and a lackadaisical approach in executing the statutory duty cast upon him by virtue of the RTI Act. Nonetheless, the US & then CPIO was directed by the Commission to send his written explanation stating as to why no effort was invested by him in locating the averred complaint despite being provided with the reference of the relevant CVC’s forwarding note. [Acton Taken, Complaint Matter, File Notings]
• CIC Order dated 03.01.2022 on the Second Appeal filed by Mr. Om Prakash Vijaivergia Vs. CPIO, State Bank of India, Siliguri, Darjeeling, West Bengal – The appellant attended the hearing through audio-call. The respondent, Shri Rajiv Kumar Mishra, CPIO/ Regional Manager attended the hearing through audio-call. Both the parties submitted their written submissions and the same were taken on record.
  CIC: “8. In view of the above, the Commission hereby issues strict warning to the concerned CPIO for not providing the available information for so long. That the conduct of the concerned CPIO is highly objectionable and same should be brought to the notice of his controlling authority for an appropriate view. He is being reprimanded for future as the information that could have been provided on time, also not provided by the concerned CPIO. That the conduct of the concerned FAA is also found to be lacking as the first appeal has not been disposed off meticulously, therefore the FAA’s conduct should also be examined by its controlling authority.
  9. xxx xxx Further, the Commission observes that if the technical vendor is not cooperating with the CPIO, the controlling authority should take an appropriate view on competence performance of the vendor. …..” [Conduct of the CPIO; FAA]

2021

• CIC Decision dated 29.10.2021 on the Second Appeal filed by Mr. Dhavalkumar Kirtikumar Patel Vs. CPIO, National Mission for Manuscripts, New Delhi, and CPIOs of 4 other organisations – The CIC directed the NMM to put  in  public  domain  the  around  3  lakhs  manuscripts  (according  to  the  respondent) which it has digitized so far within a period of one year from the date of receipt of this order. The CIC also directed the NMM  to  allow the  appellant  official access (including downloading) of 30,000 manuscripts it has already put in public domain out of  the  total  around  3  lakhs  manuscript  digitized  so  far. Further, the appellant was required to bear downloading cost which he had offered to bear during the course of hearing. [Manuscripts Catalogued by NMM, Larger Public Interest, Third Party Information]
• CIC Decision dated 22.10.2021 on the Second Appeal filed by Love Gogia Vs. CPIO, Bharat Sanchar Nigam Ltd., Office of CGM, Pune – The CIC has held that “Under the provisions of Section 19 (5) of the RTI Act, 2005, in an appeal proceeding, the onus to prove that a denial of a request was justified shall be on the CPIO. The CPIO in his reply had clearly failed to justify his position as to how the disclosure of information would be in contravention of the  provisions  enshrined  under Section  8 of  the  RTI  Act,  2005  and  what commercial confidence would be breached as the information sought by the appellant is very general in nature.” The CPIO was directed to re-visit the RTI application and provide a revised reply to the appellant and it was also directed that he should note that in case he is unable to justify the exemption so claimed, the sought for information should be provided to the appellant free of cost. [Sections 8(1)(d), 19(5); BSNL’s ERP System]
• CIC Decision dated 16.08.2021 on the Second Appeal filed by Shri Saurav Das Vs. CPIO, Department of Health & Family Welfare – The CIC decided: “However, in view of the extraordinary predicament the world finds itself in, it is of vital importance that all relevant updates, notifications and information which are likely to serve larger public interest, and address concerns and worries should be widely disseminated to create awareness among the public. The Respondent must note that dissemination of vital information is as much a national duty as proper and effective discharge of their onerous responsibilities.” [Sections 2(f), 6(3), 7(1), 8(1)(a), 19 and 25(5); Centralised Procurement of COVID-19 Vaccines for States, Foreign Aid, Larger Public interest, Life and Liberty Clause, Suo Motu Disclosure]
• CIC Decision dated 13.08.2021 on the Second Appeal/Complaint filed by Shri Shyamlal Yadav Vs. PIO, CPV Division, Ministry of External Affairs – As per the Decision of CIC, the RTI application was mechanically replied to by the erstwhile CPIO without application of mind. The Commission thus cautioned the erstwhile CPIO and Dy Passport Officer (Ops) to ensure that RTI applications are not dealt with in a casual manner in future. The Commission also directed the incumbent CPIO to re-examine the RTI application and provide the information. [Section 2(f); Passports, CPIO/PIO]
• CIC Decision dated 17.05.2021 on the Complaint filed by Shri Aniket Gaurav Vs. PIO, Ministry of Health & Family Welfare – CIC: “However, before concluding the decision at hand, the Commission wishes to advise the Respondent to ensure that maximum information which serves larger public interest, is proactively disclosed, to enhance transparency and dissemination of correct information. This will also obviate the need for filing of RTI cases by citizens on matters of such vital importance.” [Sections 4, 18; Covid Vaccination Result Data]
• CIC Decision dated 23.03.2021 on the Second Appeal/Complaint filed by Shri Venkatesh Nayak Vs. CPIO, Department of Social Justice & Empowerment, New Delhi – The CIC observed that “The Commission observes at the outset that the denial of the information in the initial reply of the CPIO under Section 8(1)(i) of the RTI Act was grossly inappropriate as no justification was provided for invoking the said exemption, in fact, the CPIO merely reproduced the provision of Section 8(1)(i) in his reply to the RTI Application. The said conduct of the CPIO is viewed adversely by the Commission as it is suggestive of his non-application of mind in dealing with the matters under the RTI Act.” The CPIO was severely admonished for the inappropriate denial of the information to the Appellant and he is warned to ensure that due diligence is exercised while dealing with the RTI Applications in future.
  Regarding the prayer of the Appellant regarding the suo motu disclosure of the Cabinet note pertaining to The Constitution (One Hundred and Third Amendment) Act, 2019 in light of the provisions of Section 4(1)(c) & 4(1)(d) of the RTI Act as well as Section 8(1)(i) of the RTI Act a copy of the order was marked to the Secretary, MoSJ, to look into the prayer of the Appellant. [Sections 4, 8(1)(i); Cabinet Note, etc., Public Authority]
• CIC Decision dated 16.02.2021 on the Second Appeal filed by Jitendra Kumar vs. CPIO, O/o Income Tax Officer, Aligarh, UP – The Central Information Commission directed the respondent to inform to the appellant the current status of his Tax Evasion Petition and/or if the said TEP has already been disposed of, then, broad outcome of the Tax Evasion Petition should be informed to the appellant as per his RTI application, before transfer of the TEP to the Investigation wing. [Sections 8(1)(j); Tax Evasion Petition]
• Section 8(1)(h)
  Delhi High Court: It was held by the Hon’ble Delhi High Court that “the legal position as settled by this court is that cogent reasons have to be given by the public authority as to how and why the investigation or prosecution will get impaired or hampered by giving the information in question.” [Exemption under Sec. 8(1)(h)] – Delhi HC Judgement dated 05.02.2021 – Amit Kumar Shrivastava Vs. Central Information Commission, New Delhi >>> RTI – Court Judgements
• Section 8(1)(d)
  Delhi High Court: “On the basis of the above judgments, the following principles can be clearly gleaned:
  i) CPIO/PIOs cannot withhold information without reasonable cause;
  xxx       xxx
  v) PIO/CPIO cannot function merely as “post offices” but instead are responsible to ensure that the information sought under the RTI Act is provided
  xxx      xxx
  viii) Information cannot be refused without reasonable cause.”
  [Section 5(3), 5(4), 5(5), 8(1)(d); PIO/CPIO] – Delhi HC Judgement dated 22.01.2021 – Sh. Rakesh Kumar Gupta (Erstwhile CPIO) Union Bank of India & Ors. Vs. Central Information Commission & Anr.
• Delhi HC Judgment dated 12.01.2021 – Har Kishan Vs. President Secretariat through its Secretary & Anr. – Delhi High Court: Whenever information is sought under the RTI Act, disclosure of an interest in the information sought would be necessary to establish the bona fides of the applicant. Non-disclosure of the same could result in injustice to several other affected persons, whose information is sought. The petition was dismissed with costs of Rs.25,000/- to be paid to the “High Court of Delhi (Middle Income Group) legal Aid Society”. …” [Sections 8(1)(j); Disclosure of an Interest in the Information, Candidatures’ Particulars] – Delhi HC Judgment dated 12.01.2021 – Har Kishan Vs. President Secretariat through its Secretary & Anr.
• CIC Decision dated 28.12.2020 on the Second Appeals filed by Deeksha Chaudhary Vs. CPIO, Air India Ltd., New Delhi – The CIC decided that it was necessary to ascertain the compliance of the FAA’s order dated 12.11.2018 and that in order to expedite dissemination of the information and ensure compliance of the FAA’s order, it was thus deemed expedient that the 25 second appeals be remanded to the FAA to ensure compliance of his/her earlier order dated 12.11.2018 in response to the Appellant’s first appeals, in order to address the central issue agitated by the Appellant. [Section 7(9); Second Appeals Remanded to FAA]
• CIC Decision dated 21.12.2020 on the Second Appeal by Vihar Durve Vs. CPIO, State Bank of India, Mumbai – CIC: “The Commission upholds the contention of the respondent that in the disclosure of the names of the donors and donees of electoral bonds from books of accounts may be in contravention of the provisions contained under section 8 (1) (e) and (j) of RTI Act. There appears to be no larger public interest overriding the right to privacy of the donors and donees concerned.” [Sections 8(1)(e) & (j); Donors & Donees of Electoral Bonds, Larger Public Interest]
  
• CIC Decision dated 06.11.2020 on the Second Appeal filed by Rahmat Bano Vs. Office of Income Tax Officer, Aayakar Bhawan, Jodhpur, Rajasthan – CIC: “9. Taking into consideration the aforementioned analysis and the judgments of the Higher Courts, the Commission directs the respondent to inform the appellant about the generic details of the net taxable income/gross income of her husband held and available with the Public Authority for the period 2017-2018 ….
  10. The details/copy of income tax returns and other personal information of third party need not to be disclosed to the appellant except as mentioned at para no. 9 above.” [Sections 8(1)(j), 19(3); Copy of Husband’s ITRs]
• CIC Decision dated 05.11.2020 on the Complaint filed by Varun Krishna Vs. CPIO, Oil and Natural Gas Corporation Limited, Mumbai – CIC: “The CPIO cannot be expected to examine and make judgement to find out the name of the official and then provide him report of the controlling authority, reasons for non-disposal including name, official mobile number and designation of their controlling authority. xxx   xxx In light of the factual matrix of these cases and the legal principles enunciated in the aforementioned case-laws, this Commission comes to the conclusion that no action under Section 20 of the RTI Act, 2005 is warranted in these cases.” [Sections 18, 18(1)(e), 20; Penalty on CPIO pressed by the Complainant]
• CIC Decision dated 30.10.2020 on the Second Appeal/Complaint by Shri Kuldeep Kumar Baranwal v. CPIO, Prime Minister’s Office, New Delhi – As per the CIC Decision, the queries of the Appellant were vague, hypothetical, clarificatory and interpretative in nature which do not fall within the definition of information/right to information as per Section 2 (f)/(j) of the RTI Act, 2005. The Appellant was advised to strictly refrain in future from seeking information under the RTI Act by filing such applications before offices which do not ordinarily possess the relevant information. [Section 2(f), 2(j), 8(1) (d), or (j); Improper Use of RTI Act]
• CIC Decision dated 16.09.2020 on the Second Appeal filed by Shri Mahendra Singh Vs. PIO/SDM (Narela), Naya Bans, Delhi through Shri Subhash Chandra Agrawal, Consultant of PIO -A significant aspect of this case is that it was remanded back to FAA by the CIC and that the Respondent was represented by Shri Subhash Chandra Agrawal, consultant/representative of the PIO through audio conference.
  CIC: “Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, Commission observes that the Appellant is not satisfied with the information provided by the Respondent. It is further observed that the Appellant has brought in certain aspects during the hearing which is outside the adjudicatory powers of the Commission.
  Hence, Commission deems it fit to remand the instant case back to Shri Tanvir Ahmed, FAA/ADM-North to provide a fair hearing to the relevant parties i.e., Appellant, Respondent and the BDO concerned and pass a reasoned, speaking order by 31.12.2020.. ..” [Agricultural Land]
• Delhi HC Judgment dated 31.08.2020 – Dr. R.S. Gupta Vs. Govt. of NCTD & Ors. – Delhi High Court: In absence of even a remote connection with any larger public interest, disclosure of information would be exempted as the same would cause unwarranted invasion of the privacy of the individual under section 8(1) (j) of the RTI Act. [Sections 7, 8(1)(j); Attendance Record] – Delhi HC Judgment dated 31.08.2020 – Dr. R.S. Gupta Vs. Govt. of NCTD & Ors..
• CIC Decision dated 26.08.2020 on the Second Appeal filed by Smt. Meeta Agrawal Vs. CPIO, DGM(G) & Nodal PIO, North Central Railway, RTI Cell, Subedarganj, Allahabad -In light of the Delhi High Court Judgment dated 24.11.2014 [in the case of Naresh Trehan v. Rakesh Kumar Gupta (W.P(C) 85/2010)], and considering the facts of the case, the Commission observed that the grounds for the cancellation of the tender, the minutes and approval of the competent authority must be made available to a tender participant as non-disclosure of the same would have affected the competitive as well as personal interest of the said participant. The Commission, therefore, directed the respondent to provide requisite information on point nos. 1, 3 and 4, after redacting information which related to commercial confidence or personal information of third parties, the disclosure of which is exempted under Section 8(1) (d), or (j) of the RTI Act, to the appellant. [Section 8(1) (d), or (j); Minutes of the Tender Committee, Approval of the Competent Authority]
• CIC Decision dated 23.07.2020 on the Complaint filed by Mr. Saurav Das Vs. CPIOs, ICMR, and Ministry of Health & Family Welfare, New Delhi – CIC: ” … it is the considered  view of the Commission that authentic, verified and cogent reply based on factual information needs to be furnished to the Complainant as also disclose on the Public Authority website for the benefit of public at large. The fact that the application shuttled from one Division of the Public Authority to another indicates that there is a very urgent requirement for not only notifying a Nodal Authority in the M/o H&FW to compile, collate and consolidate the information sought in the RTI application but to effectively act and suo motu upload the same on its website in compliance with Section-4 of the RTI Act, 2005. Therefore, the Commission advises the Secretary, Health & Family Welfare to have this matter examined at an appropriate level and the Nodal Authority so notified should furnish all the details sought by the Complainant in a clear, cogent and precise manner within a period of 30 days from the date of receipt of this order depending upon the condition for containment of the Corona Virus Pandemic in the Country or through email.”  [Sections 4, 6(3), 8(1)(a); Coronavirus-related Information]
• CIC Decision dated 20.07.2020 on the Second Appeal/Complaint by Smt. Savitri Devi Vs. PIO, NDMC, Narela Zone, New Delhi – In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings (audio conferencing) were scheduled by the Hon’ble Central Information Commission after giving prior notice to both the parties.
  The Commission observed that the PIO had made a mockery of the FAA’s order by merely re-sending the initial PIO reply, which had not been received by the Appellant till the date of hearing. The Commission directed the PIO to furnish a comprehensive status report with respect to the property under reference by the specified date failing which action would be initiated against the PIO as per the provisions of the RTI Act. [Immovable Property; PIO]
• CIC Decision dated 10.07.2020 on the Second Appeal filed by Smt. Basavantamma Vs. CPIO, Office of the Income Tax Officer, Bengaluru – CIC : 14. … “… this Commission after considering the factual matrix of the case is of the opinion that in the absence of any larger public interest in the matter, the appellant is not entitled to seek the details of the Income Tax Returns filed by the third party, Mr. G H Sharanappa which is exempted u/Section 8(1)(j) of the RTI Act, 2005.
  It is to be noted that the appellant has requested this Commission for disclosure of at least the ‘gross income’ of Mr. G H Sharanappa so that she could defend her matrimonial case. Therefore, considering the aspect of marital discord between the husband and wife vis-à-vis her right of maintenance, this Commission is of the opinion that the respondent should consider providing only the limited information of the last six years, i.e. the numerical figure(s) of the ‘gross income’ of her husband, Mr. G H Sharanappa …” [Sections 8(1)(j), 19(3),20; Income Tax Return Details of Spouse]
• CIC Decision dated 24.06.2020 on the Second Appeal by Shri Baljeet Singh Vs. CPIO, Central University of Haryana, Mahendergarh (Haryana) – The CIC decided that the CPIO erred in stating that no information was asked, whereas the information sought was specific and it is relevant to mention that right to information includes right to inspect also. The CIC directed the CPIO to provide a revised reply to the appellant in respect of point no. 3 of the RTI application. In point No.3, the applicant had sought a copy of the Minutes of Meetings of the Committee constituted for considering promotions, held from 01 January 2018 to 30 April 2019, for considering promotion/selection of non-teaching staff (posts). [Section 8(1)(j); Minutes of DPC/Committee]
• CIC Decision dated 22.06.2020 on the Second Appeal by Mr. R.K. Jain Vs. CPIO, Office of Customs, Central Excise & Service Tax Settlement Commission, Mumbai/Kolkata/New Delhi/Chennai – The CIC, in view of the facts and upon hearing the parties at great length came to the conclusion that ‘right to information’ under the RTI Act, 2005 also includes right to obtain accessible information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. Therefore, denial of accessible information in the CD/DVD format under the RTI Act, 2005 could not be upheld by the CIC. [Sections 2(j)(iv), 4(2), Rule 15 of the Customs and Excise Settlement Commission Procedure 2007; Copies of orders passed by the Settlement Commission, no. of orders passed, etc.].
• CIC Decision dated 05.06.2020 on the Complaint filed by Mr. Venkatesh Nayak Vs. CPIO, Directorate General of Health Services, Ministry of Health & Family Welfare, New Delhi – The Complainant vide his RTI application sought information on 05 points regarding the district-wise number of hospitals and healthcare facilities called by any other name, designated as COVID-19 treatment centers as on date; postal addresses and telephone numbers of the hospitals and healthcare facilities and other issues related thereto. The complainant, Mr. Venkatesh Nayak, attended the hearing through WhatsApp.
  From the Respondent’s side, the hearing was attended by Dr. Sandeep Sharma, CPIO (SJH), Mr. Mahesh Mangla, CAPIO, SJH, Dr. R. Laxmi Narayan, ADG, ICMR, Dr. Ashok Kr. Singh, Prof. Chest Med. LHMC, Dr. U.B. Das, CMO, DGHS in person; Mr. Rajender Kumar, US, PH Division, M/o H&FW and Mr. G.P. Samanta, CPIO & US (Hospital-D) (SJH, RML and LHMC) through WhatsApp/TC. Expressing its displeasure at the state of affairs, the CIC advised the Secretary, M/o H&FW to designate an officer of an appropriate seniority as a Nodal Officer to examine the matter and suo motu disclose the information sought in the RTI application on the website of the Public Authority within a period of 15 days from the date of receipt of this order in the larger public interest. [Section 4(1); Distt.-Wise No. of Hospitals for Covid Treatment]
• CIC Order dated 03.06.2020 on the Appeal filed by Priti Ranjan Das Vs. CPIO, Reserve Bank of India, Mumbai – The Appellant and the Respondent were not present during the course of the hearing. The CIC ordered as under:-
  “6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, feels that it is necessary for both parties to be present for proper adjudication of the issues raised in the matter. Accordingly, the appeal is adjourned.” [Sections 8(1)(a)&(d), 11(1),20(1); Appeal from Public Authority]
• CIC Decision dated 01.05.2020 on the Complaint filed by Mr. Anil Sood Vs. CPIO & Nodal Officer, Office of Central Govt. Health Scheme. R.K. Puram Sector 12, New Delhi-22 – The complainant attended the hearing through WhatsApp.
  The CIC in the case of the complaint filed by Mr. Anil Sood Vs. CPIO & Nodal Officer of Central Govt. Health Scheme, R.K. Puram Sector 12, New Delhi-22, observed on May 01, 2020 that there was complete negligence and laxity in the public authority (CGHS) in dealing with the RTI applications. It is abundantly clear that such matters are being ignored and set aside without application of mind which reflected disrespect towards the RTI Act, 2005 itself. The Commission expressed its displeasure on the casual and callous approach adopted by the respondent (CGHS) in responding to the RTI application. It was felt that the conduct of Respondent was against the spirit of the RTI Act, 2005 which was enacted to ensure greater transparency and effective access to the information.  [PIO, Public Authority, CGHS, Supply of Medicines to WCs]
• CIC Decision dated 24.04.2020 on the Second Appeal filed by Smt. Kairun BiBi Vs. CPIO, Steel Authority of India, Dhanbad [Sections 19(3), 20; CPIO (Warning to CPIO)]
• CIC Decision dated 23.04.2020 on the Complaint filed by Mr. Varun Krishna Vs. CPIO & Dy. GM (Legal), Oil & Natural Gas Corporation Ltd., New Delhi [Section 20(1); ATR, File Notings, CPIO, Public Authority]
• CIC Decision dated 22.04.2020 on the Complaint filed by Mr. Mohit Kumar Gupta Vs. CPIO, University of Delhi  – The CIC in the case of the complaint by Mr. Mohit Kumar Gupta Vs. CPIO, University of Delhi, decided on April 22, 2020, as under:-
  (i)         An advisory was issued u/s 25(5) of the RTI Act to the Secretary DoPT to evolve a system after coordinating with the Director General, NIC in the spirit of the RTI Act and take immediate steps towards providing a platform for implementation of Sec 7(1) of the RTI Act.
  (ii)         A report on the action taken on the advisory might be sent to the Commission by the Secretary, DoPT within 7 days from the date of withdrawal of lockdown. Due to the ongoing pandemic of coronavirus in the country and the prevalent lock down, the Commission found it appropriate to highlight the issue of Sec 7(1) implementation by citizens more so, when postal receipt of RTI applications are minimal, in such situations all public authorities should encourage RTI applications through e-mail in case of life and liberty matter.
  (iii)        A unique e-mail id can be created by the CPIOs in this regard and reflected in their respective website. A method of online acceptance of RTI fees also has to be thought of in this regard. In so far as other normal RTIs are concerned, the RTI portal can be used. The Deputy Registrar was directed to  circulate this order widely to the public authorities related to the Registry. [Sections 4(1)(b), 7(1), 19(1), 25(5); Sports Quota, Delhi University, Public Authority, Minutes of Meeting]
• CIC Decision dated 19.03.2020 on the Second Appeal filed by Ajay Manda Vs. CPIO, Ch. Charan Singh National Institute of Agriculture Marketing, Jaipur – CIC: “Therefore, without commenting on the merits of the rival contentions made by the parties, the Commission deems it appropriate to dismiss this appeal, as voluminous information was sought for which replies have been provided and any further requirement for disclosure would disproportionately divert the resources of the public authority. The appellant is advised to be responsible and avoid filing repeated RTI applications seeking voluminous information.” – [Section 7(9); Habitual RTI Applicant]
•  CIC Decision dated 17.03.2020 on the Second Appeal filed by Mr. D.T. Eshwaran Vs. CPIO, Central Govt. Employees Welfare Housing Organization, New Delhi – The Commission expressed extreme displeasure at the conduct of the CPIO in flouting the FAA’s order. Hence, the concerned CPIO was issued a strict warning to be careful in future with regard to the observations, made in the Decision. The present CPIO was directed to serve a copy of this order to the then CPIO for his information and in case such kind of lapse is repeated in future, the Commission decided that it would be constrained to initiate penal action against him under the relevant provisions of the RTI Act.
  The Hon’ble Commission also directed the present CPIO to comply with the direction given by the FAA. It was also ordered by the Hon’ble Commission that the CPIO should note that at this stage he cannot transfer the RTI application, however, he could obtain information from its custodian after seeking assistance u/s 5(4) of the RTI Act. It was further ordered that the onus was now on him to obtain the required information and provide it to the appellant as per the timeline specified in the Decision. [Sections 5(4), 20; CPIO, Construction Work]
• Certified Copies of Court Documents
  SC: “42. … … In the absence of inherent inconsistency between the provisions of the RTI  Act and other law, overriding effect of RTI Act would not apply.
  (ii) The information to be accessed/certified copies on the judicial side to be obtained through the mechanism provided under the High Court Rules, the provisions of the RTI Act shall not be resorted to.” – (Secs. 2, 4(b), 6(2), 8(1)(a) to (j), 19, 22, 31; Disclosure of Information; Certified Copies of Court Documents)-  SC Judgment dated 04.03.2020 – Chief Information Commissioner v. High Court of Gujarat and Another >>>  RTI – Court Judgements
• CIC Decision dated 21.02.2020 on the Second Appeal by Mr. Amit Khera v. CPIO, Hindustan Petroleum Corporation Limited, Delhi. Keeping in view the facts of the case and the submissions made by both the parties and in the light of the decisions cited in the Decision, the Commission instructed the Respondent (HPCL) to disclose the broad outcome of the investigation redacting information exempted under Section 8 (1) of the RTI Act, 2005 to the Appellant as also suo moto disclose the same on their website. – [Sections 2(f), 2(j), 8(1)(d); Investigation Report]

• CIC Decision dated 10.02.2020 on the Second Appeal filed by Ajay Kumar v. CPIO, Northern Central Railway, Agra.  CIC: “7. Further, this Commission observes that the reply dated 21-03-2018 on point no. 2 is evasive in nature wherein the then CPIO did not apply his mind while replying to the RTI application and therefore, the CPIO is hereby issued a warning for future to be careful and not to contravene the provisions of the RTI Act, 2005.* [Sections 19(3), 20; Warning to CPIO, Recruitment]
• CIC Decision dated 06.02.2020 on the Second Appeal by Mr. Rana Ranjan v. CPIO, National Insurance Company Ltd., Bhavnagar, Gujarat – [Sections 2(f), 8(1)(j); Leave Record]
• CIC Decision dated 20.12.2019 on the Complaint filed by Mr. Kripalani M. v. CPIO, Office of Pr. Commissioner of Customs, Menezies Aviation Cargo Terminal, Bangaluru (Full Bench Decision) – [Sections 8(1)(j), 20; Posting, Property Ownership]
• Delhi High Court judgment dated 17.12.2019 – Election Commission of India Vs. Central Information Commission and Anr. Delhi HC: Electronic voting machine is not information. [Sections 2(f) & (i), 3, 6(1); Electronic Voting Machine]
• CIC Decision dated 06.12.2019 on the Complaint filed by Neeraj Sharma v. CPIO, National Payments Corporation of India, New Delhi (Full Bench Decision). NCPI not a public authority. CIC: “Not declared as public authority NPCI might not be under an obligation to disclose the information requested for by the complainant nor maintain a list of CPIOs as mandated by the RTI Act. Commission is also of the view that it may be open to the complainant to seek information through public authority for NPCI i.e. RBI or Ministry of Finance as the case may be.” – [Sections 2(h); NPCI]
• CIC Decision dated 05.12.2019 on the Second Appeal filed by Priti Ranjan Das Vs. CPIO, Reserve Bank of India, Mumbai – According to the CIC, it appeared that the respondent was taking the RTI application as well as the Commission very casually which is detrimental to the very purpose of the RTI Act. The Commission directed the Registry of that Bench to issue show cause notice to the CPIO, Reserve Bank of India, Department of Banking Supervision, Central Office, Mumbai, for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. [Sections 8(1)(d), 11(1) & 20(1); Report of Bank]
• CIC Decision dated 29.11.2019 on the Second Appeal filed by Ehtesham Qutubuddin Siddiqui v. CPIO, Ministry of Home Affairs, New Delhi (Full Bench Decision) – [Sections 8(1)(j), 8(3); UPSC Forms]
• CIC Decision dated 27.11.2019 on the Second Appeal filed by Shiv Kumar Kanoi Vs. CPIO, Central Bank of India, Regional Office, Mumbai -CIC: The respondent is cautioned that responding or providing documents in other appeals/applications filed by the appellant may not be taken as an excuse for not to respond to other RTI applications.”” [Balance Sheet, Profit & Loss Statement, GST/Service Tax]
• CIC Decision dated 27.11.2019 on the Second Appeal filed by Anand Nallan Vs. CPIO, Reserve Bank of India, Mumbai -CIC: “Moreover, the appellant being absent and not having filed any written objections, the averments of the respondent are taken on record. There appears to be no public interest in further prolonging the matter.”[Applicant, Credit Card, KYC, Voice Recordings, Fraudulent SMS]
• CIC Decision dated 07.11.2019 on the Second Appeal filed by Rakesh Sharma Vs. Asstt. Secretary & CPIO, Central Board of Secondary Education, Regional Office, Allahabad – The Central Information Commission directed the respondent to provide the information, after severing that part of information which would result in disclosure of reasons/purpose of leave which is a third party personal information and hence, is exempted from disclosure under Section 8(1)(j) of the RTI Act, 2005. [Sections 8(1)(j), 10(1); Medical Reimbursement; Purpose of Leave]
• Madras HC Judgment dated 16.10.2019 – The Tamil Nadu Dr. Ambedkar Law University, Chennai Vs. The Tamil Nadu State Information Commission, Chennai – Madras HC: “… … the other procedures or regulations formulated by any other institutions, cannot prevail over the Act of Parliament and those Rules and Regulations of such individual institutions can never override the purpose and object of the Right to Information Act, 2005.” xxx xxx “Thus, the second respondent is entitled to receive the answer scripts as sought for in his application under the Right to Information Act, 2005. All such similar applications are also to be disposed of by the writ petitioner-Law University, as expeditiously as possible.” –  [Section 22; Answer Scripts/Sheets]
• Delhi HC Judgment dated 10.10.2019 – Govt. of NCT of Delhi & Anr Vs. Krishan Kumar – Delhi HC: “A mere reading of Sections 18, 19 and 20 of the RTI Act, 2005 clearly shows that the CIC cannot give directions to handover the possession of the plot to the respondent. Further, passing such an order would be beyond the scope of powers and functions of the CIC as stated under the RTI Act, 2005.” [Sections 18,19 & 20; Giving judgments on organisation’s policy not envisaged]  
• CIC Decision dated 09.09.2019 on the Second Appeal filed by Vipin Jain v. CPIO, UCO Bank, Indore – The Commission was of the view that the reply given by the respondent is incomplete and evasive when allegations of corruption or irregularities have been made and that the public interest demanded that the information should be made available to the appellant. In view of the above, the respondent was directed to provide the complete action taken and findings of the officers with respect to allegations made by the appellant in his complaint dated 12.06.2018. [Sections 8(1)(d) and (j)l Public Interest, Action Taken Report]
• CIC Decision dated 01.08.2019 on the Second Appeal filed by Nikhil Kumar Singh v. CPIOs, Central Board of Secondary Education – CIC: “These Appeals and Complaints reveal that the appellant in the garb of seeking information is flooding the public authority with similar RTI applications.
  x x x
  Therefore, without commenting on the merits of the rival contentions made by the parties, the Commission deems it appropriate to dismiss these appeals and complaints.
  Note: The cases listed from serial no. 12 to 21 are being disposed of collectively on the same day, without issuing notice of hearing, being frivolous and repetitive in nature.
  x x x
  In the context of the aforesaid observations, the Commission does not find it expedient to afford any further opportunity of hearing in the above listed cases from serial no. 12 to 21 as well as similar cases of the appellant which may be pending with the Commission.” [Improper Use of RTI Act)
• CIC Decision dated 29.07.2019 on the Second Appeal filed by Ms. Renu Garg v. CPIOs, Delhi Police – The CIC counseled the FAA, O/o the DCP, South District, Delhi Police to provide the appellants, as far as possible, an opportunity of hearing before deciding the appeals.
  [Hearing by FAA]
• CIC Decision dated 02.07.2019 on the Second Appeal file by Commodore Lokesh K. Batra V. CPIO, Deptt. of Personnel & Training, New Delhi – CIC: “Although, the strength of material on record does not warrant ascribing a mala fide intention on the part of the then CPIO for having denied the information but the allegation of the Complainant that this kind of conduct amounts to stonewalling RTI Applications and stifling the very letter and spirit of RTI Act weighs in. By resorting to such unwarranted opacity, DoPT is setting a bad example for other public authorities and at the same time is discrediting its own footing as the nodal agency for implementation of RTI Act. Commission admonishes the then CPIO for invoking Section 8(1)(i) of the RTI Act without assessing its applicability and the present CPIO is also warned against mindlessly endorsing the reply of the then CPIO.” [Section 8(1)(i); CPIO, Appointment of CIC]
• CIC Decision dated 28.06.2019 on the Second Appeal filed by Mandeep V. CPIO, Bureau of Immigration, New Delhi, CPIO, IB, New Delhi – The CIC directed the respondent to transfer the appellant’s RTI application under Section 6(3) of the RTI Act to the CPIO, MHA within a period of two weeks from the date of receipt of a copy of the order under intimation to the appellant. The Commission further directed the CPIO, MHA, New Delhi, to provide correct and complete information to the appellant within a period of four weeks. [Sections 6(3), 24(1); Bureau of Immigration]
• CIC Decision dated 12.06.2019 on the second Appeal filed by Ujwala Kokde V. CPOI, Ministry of Home Affairs, Judicial Division, New Delhi – CIC: “In view of the above, the Commission notes that the file noting and correspondence received or sent by the Ministry of Home Affairs pertaining to the appellant’s mercy petition which is not a part of the Ministerial advice to the President as well as the file noting relating to the file of the mercy petition file by Shri Pradeep Yeshwanth Kokde as sought by the appellant can be provided to the appellant. … … the Commission directs the respondent to provide the information sought for, after severing all the names and other references which could reveal the identities of the public officials concerned, to the appellant within a period of four weeks… … [Article 74(2) of the Constitution; Sections 8(1)(g) of the RTI Act; Mercy Petition]
• CIC Decision dated 22.05.2019 on the Second Appeal filed by Ms. Nutan Thankur vs. CPIO, Reserve Bank of India, Mumbai – CIC: “The disclosure of the entire files may also reveal the names of the borrowers that are not included in the list of willful defaulters. However, the respondent is directed to provide information/documents pertaining to point nos.1 and 2 of the RTI application to the appellant.” [Sections 8(1)(d)]
• CIC Decision dated 17.05.2019 on the Second Appeal filed by Gopal Kumar Jha vs. CPIO, State Bank of India, Patna – CIC: “This forum is not a grievance redressal forum. Moreover, the Commission is not satisfied with the arguments of the appellant that an inquiry under section 18 of the RTI Act is required in this matter. The Commission feels that ends of justice would be met if the appeal is dismissed.” [Sections 18, 19(8)(b), 20(1)]
• CIC Decision dated 29.04.2019 on the Appeal filed by Shri Manoj Kumar v. CPIO, Central Bureau of Investigation, Anti-Corruption Branch, Patna – CIC: “Even  further, Commission summarily  rejects  the  contention  of  the  CPIO  that  he  is  required  to  provide information only on those allegations of corruption that pertains to their own employees, as RTI Act nowhere provides for any such exception. Similarly, Section 24 of the RTI Act does not provide for any further exemption from disclosure once it is established that the information sought pertains to allegations of corruption and/or human rights violation.
  In view of the foregoing, Commission directs the CPIO to provide available and specific information sought in the RTI Application in a point-wise manner to the Appellant … …
  Further, Commission finds that the incorrect connotation ascribed by the CPIO to the proviso to Section 24(1) of RTI Act that it is only applicable to cases involving CBI’s own employees may result in gross violation of the provisions of RTI Act by the Respondent office in future.” [Section 24(1); Corruption, Appointment]
• CIC Decision dated 26.04.2019 on the Complaint filed by Monish Gulati v. CPIO, Ministry of Civil Aviation, New Delhi – CIC: “Commission drops the show-cause proceedings initiated in the matter with severe reprimand to the CPIO and he is directed to exercise utmost care in future to ensure that reply on RTI Applications is dispatched within the stipulated time frame of RTI Act.” [Section 7(1); CPIO; Reply by CPIO; Airline Passenger Service Fee; Expenditure on Security of Airports]
• CIC Decision dated 25.04.2019 on the Appeal filed by D. Sounderraj v. CPIO, Air India, Air Transport Services Ltd., Mumbai – CIC: “Moreover, Commission also notes that initially the RTI Application was returned by the CPIO on 16.06.2017 on the ground that the “Pay to” column in the Indian Postal Order has been left blank. Commission deems this as a deliberate attempt of the CPIO at obstructing the Appellant’s right to information as the CPIO could have filled the column himself, it was not the case that the Appellant had filled an incorrect IPO, he had merely left the column blank perhaps to avert a situation where his IPO is returned on the grounds of being incorrectly filled.
  Commission severely admonishes the CPIO on both the above counts and warns him to remain extremely careful in future.” [ Sections 4(1)(b), 8(1)(d) & (j); Payment of Fees; Salary of Employees]
• CIC Decision dated 26.03.2019 on the Appeal filed by Nutan Thakur v. CPIO, Department of Personnel & Training, New Delhi – CIC: “In view of the foregoing, Commission directs Sanjay Kumar, US & CPIO to provide the list of names of IAS officers for whom prosecution sanction has been granted as well as denied for the period starting from year 2010 till date of RTI Application.”[Sections 7(9), 8(1)(j); Prosecution, Name of IAS Officers for whom prosecution sanction has been granted/denied]
• CIC Decision dated 11.03.2019 on the Appeal filed by Shri Ashok Rameshbhai Mistry v. CPIO, Dena Bank, Surat  – CIC: “The Commission agrees that the remaining information including the names and account number of the NPA burrowers may not be furnished as the same are held in fiduciary capacity. The same are exempted under sub-section (1) (e) of section 8 of the RTI Act. In view of the absence of the appellant to controvert the contentions of the respondent, the response given by the respondent may be accepted. Accordingly, the appeal is dismissed.” [Section 8(1)(e); NPA, Name & Account Number of NPA Borrower]
• CIC Decision dated 07.03.2019 on the Appeal filed by Shri Vipin Yadav v. PIO, Office of the Land Acquisition Collector (South-West), GNCTD – CIC: The case was remanded by the Hon’ble CIC to the current FAA/ADM for ensuring compliance of the FAA’s order dated 23.01.2017. The FAA was desired to call for explanation from the aforementioned PIOs for causing deliberate obstruction in the flow of information and non-compliance of the FAA’s order dated 23.01.2017. The Hon’ble CIC also directed for the Enquiry Report being submitted before the Commission. Further, the PIO was directed by the CIC to provide complete information, in response to the queries of the appellant, as already directed by the FAA vide order dated 23.01.2017, after submission of documents establishing title to the property, by the appellant. Compliance report was required to be submitted by the current PIO/SO,LAC within three weeks of receipt of this order, failing which appropriate action, as per law, would be initiated by CIC. [FAA, NOC for Land]
• IC Decision dated 15.02.2019 on the Appeal filed by Shri R.P. Rohilla v. PIO, Dte. General of Health Services, New Delhi – CIC: “Section 11 of the RTI Act does not cast an obligation on the PIO to resort to third party procedure in all cases. Section 11 comes into play only when the PIO proposes to disclose information which is personal to any third party. In the present case, the PIO held the information sought as personal and exempted under Section 8(1)(j) in absence of any element of larger public interest. Even before the Commission, no case of public interest has been established. Accordingly, the Commission finds the decision of PIO as well as FAA to be in line with law laid on the aspect. (See: Girish Ramchandra Deshpande vs. Cen. Information Commr. and Ors. (03.10.2012 – SC):MANU/SC/0816/2012&Canara Bank vs. C.S. Shyam and Ors. (31.08.2017 – SC) : MANU/SC/1068/2017)” [Sections 8(1)(j) & 11; Address of Applicant, Larger Public Interest]
•  CIC Decision dated 13.02.2019 on the Appeal filed by Ms Pushpa Devi v. CPIO, Central Coalfield Limited, Jharkhand – The CIC has obverted that the legal heir of a deceased is entitled to receive information pertaining to the deceased person. [Section 20(1); Service Record]
• CIC Decision dated 12.02.2019 on the Appeal filed by Shri Razaak K. Haider v. CPIO Election Commission of India, New Delhi – CIC: “”Thus, the EVM which is available with the respondent in a material form and also as samples, as admitted by the respondent during the hearing, is an information under the RTI Act. The Commission also notes that as per the respondent, the software installed in the EVM is an intellectual property of a third party, the disclosure of which would harm the competitive position of the third party concerned. However, the respondent had denied the information sought for, erroneously, under Section 6(1) of the RTI Act. The Commission, therefore, directs the respondent to provide an appropriate reply, as per the provisions of the RTI Act, to the appellant within four weeks … [Sections 2(f), 2(i), 6(1), 8(1)(d), 20; Electronic Voting Machine (EVM)]
• Delhi HC Judgment dated 16.01.2019 – Ehtisham Qutubuddin Siddique v. CPIO Intelligence Bureau – Delhi High Court:  “… … The only import of second proviso to Section 24(1) is that information relating to corruption and human rights violation would fall within the scope of the RTI Act. Section 8 of the RTI Act provides for certain exemptions from disclosure of information and the said provisions would be equally applicable to information pertaining to allegations of corruption and human rights violation. Thus, the concerned authorities would have to examine whether the information sought for by the petitioner is otherwise exempt from such disclosure by virtue of Section 8 of the RTI Act.
  23. In view of the above, the impugned order is set aside and the matter is remanded to the CIC to consider afresh having regard to the observations made in this order.” [Sections 8, 19(3), 24(1); Section 2(1)(d) of the Protection of Human Rights Act, 1993; Copy of IB Report] 
• CIC Decision dated 15.01.2019 on the Appeal filed by Mr. Kantilal B. Chavda v. CPIO, Central University of Gujarat, Gandhinagar, Gujarat – CIC: “Keeping in view the facts of the case and the submissions made by the Respondent, the Commission advises the Vice Chancellor / Registrar of the Respondent Public Authority to suo motu disclose the information as narrated in the preceding paragraphs in the public domain in accordance with the provisions of Section 4 of the RTI Act, 2005 for ease and convenience of the stakeholders at large so that the public need not resort to the RTI mechanism for seeking such information as outlined in the aforesaid Court judgements.” [Sections 4, 8(1)(g); Purchase, Supplier/Vendor, Recruitment, Tender, University]
• CIC Decision dated 10.01.2019 on the Complaint filed by Shri S.S. Chawla v. Director,CPIO, Central Vigilance Commission, New Delhi – CIC: “Now, the submissions of the CPIO are not refuted that no timeline is specified in the CVC Act, 2003; however, the guidelines issued by CVC as discussed above does stipulate a time frame to all public authorities and these guidelines do not anywhere suggest indemnity to CVC itself from adhering to those timelines.
  xxx xxx A copy of this order is marked to the Secretary, Central Vigilance Commission to look into the aspect of inordinate delay in completing enquiry/investigation by CVC and take corrective
  action as deemed fit.” [Complaint, Inquiry, CVC]
• CIC Decision dated 24.12.2018 – Mr. R.S. Rai v. CPIO, Kendriya Vidyalaya Sangathan, Jabalpur  – CIC: “The Appellant could not substantiate his claims regarding mala fide denial of information by the Respondent or for withholding it without any reasonable cause.” [Sections 2(f), 20; Leave Record, Result Analysis]
• CIC Decision dated 21.12.2018 on the Appeal filed by Shri Sounder Rajan v. CPIO, IDBI Bank Limited, Mumbai – CIC: The Commission, however, notes that the Notice for Hearing served upon the appellant was returned undelivered to the Commission with the remark “Deceased”. In view of the death of the appellant and the Commission’s Circular F. No.2/Management regulation2007/CIC-MR dated 18.06.2018, the Commission directs the respondent to publish the information sought vide point nos. 1, 2, 3, 5 and 6 of the RTI application, as per the available records, suo-motu on their website …..” [Sec. 2(f), 4, 20; FD Account]
• CIC Decision dated 19.12.2018 – Nirmal Singh Dhiman v. CPIO, Deptt. of Ex-Servicemen, New Delhi – CIC: “In the event, the averred letters and corresponding noting(s) remain untraceable, Commission directs the CPIO to file an appropriate affidavit to this effect stating the efforts made in tracing out the information and the factum of non-receipt of letters and unavailability of file noting(s). The said affidavit should be sent to the Commission with its copy duly endorsed to the Appellant.” [Section 2(f); File Notings]
• CIC Decision dated 08.11.2018 on the Appeal filed by Shri Subhash Chandra Agrawal v. CPIO, Min. of Youth Affairs & Sports, New Delhi – The CIC directed for complimentary passes for hockey matches being put in public domain [Sections 6(3), 7(6), 8(1)(d), (e) & (j), 8(2); File Notings, Complimentary Passes, Hockey India League]
• CIC Decision dated 02.11.2018 on the Appeal filed by Shri Sandeep Singh Jadoun v. PIO, DGEAT – CIC issued show-cause notice to RBI governor for non-disclosure of wilful defaulters’ list [Sections 2(f), 4(1)(b),(c),(d), 8(1)(a),(d),(e) & (h), 8(2), 19(8), 22; NPA]
• CIC Decision dated 05.09.2018 on the Appeal filed by R.P. Verma Vs. CPIO, Ordnance Factory, Raipur, Dehradun – CIC: The CPIO was directed to place this order before their competent authority to pass a speaking order ….. Appellant was warned against the misuse of RTI Act in future and was advised to make judicious use of his right to information. [Appointment, Misuse of RTI]
• RTI
  Delhi High Court has held as under:-
  “… … the CPIO being custodian of the information or the documents sought for, is primarily responsible under the scheme of the RTI Act to supply the information and in case of default or dereliction on his part, the penal action is to be invoked against him only. The Appellate Authority is not the custodian of the information or the document. It is only a statutory authority to take a decision on an appeal with regard the tenability or otherwise of the action of the CPIO and, therefore, there is a conscious omission in making the Appellate Authority liable for a penal action under Section 20 of the RTI Act and if that be the scheme of the Act and the legislative intention, we see no error in the order passed by the learned writ Court warranting reconsideration.” [Sections 19(1), 20 of the RTI Act] –   Delhi HC Judgment dated 29.08.2018 – R.K. Jain Vs. Union of India
• CIC Decision dated 06.08.2018 on the Appeal filed by Mr. K.S. Jain Vs. CPIO, Dte. Gen. of Vig., Customs & Central Excise, New Delhi – The Appellant was not able to contest the submissions of the Respondent or to establish the larger public interest in disclosure which outweighs the harm to the protected interests. The Commission observed that the said matter pertained to exemption claimed u/s 8 (1) (h) and not Section 8 (1) (j). The Commission also observed that the applicant therein sought information in the context of his own suspension pending disciplinary action, whereas in the present instance, the Appellant had sought information regarding a third party. [Sections 8(1)(h), 8(1)(j); Public Interest, 3rd Party]
• CIC Decision dated 06.08.2018 on the Appeal filed by Ms. Rashi Agrawal Vs. CPIO, SPMCIL, New Delhi, CPIO, Indian Security Press, Nashik – CIC: “… … it is evident that the transfer of RTI application u/s 6 (3) to the concerned PIO was not made by the Respondent (SPMCIL, New Delhi) vide its initial reply dated 29.07.2016 and that no reply had been furnished by the Respondent (ISP Nashik) subsequent to the transfer of points 03 and 05 of the RTI application by FAA, SPMCIL, vide letter dated 06.09.2016 which was a grave violation of the provisions of the RTI Act, 2005. The Commission, therefore instructs the CMD, SPMCIL, to depute an officer of a senior rank to seek the explanation to the show cause notice from the concerned CPIOs and furnish the details sought by the Complainant …..” [Sections 6(3), 20(1); Processing of RTI Application/1st Appeal]
• CIC Decision dated 30.07.2018 on the Appeal filed by Shri Subhash Chandra Agrawal Vs. CPIO, Min. of Environment, Forest & Climate Change, New Delhi – The CIC was of the opinion that a token amount of Rs.1,000/- should be paid as compensation to the appellant u/s 19(8)(b) of the RTI Act for the detriment caused to him and that this amount of Rs.1,000/- is to be paid by the public authority, Ministry of Environment, Forest and Climate Change as compensation to the appellant u/s 19(8)(b) of the RTI Act for the detriment caused him for the delay caused. [Sections 2(f), 19, 19(8)(b); File Notings, Compensations to Complainant]
• CIC Decision dated 11.07.2018 on the Appeal filed by Shri S.P. Sinha Vs APIO, Min. of Shipping, MMD, Mumbai – The Hon’ble Commission directed the concerned CPIO to disclose the sought for information after obtaining consent of the third parties. Regarding Point No.5 of the RTI application, the respondent CPIO was directed to fix a joint inspection of relevant records on a mutually convenient date and at mutually convenient time and place and thereafter to provide certified copies of records as selected by the appellant free of charge u/s 7(6) of the RTI Act. [Sections 7(6), 8(1)(j), 11(1) of the RTI Act; DPC; File Notings, Third Party Information]
• CIC Decision dated 04.07.2018 on the Appeal,Complaint filed by Shri Hans Raj Chug Vs. PIO, Delhi Development Authority, New Delhi –  As per the CIC decision, the Commission, inter alia, found that the objection of third party(ies) was not legally tenable considering that information sought was not personal in nature. Thus the reply of the PIO and the FAA were set aside. It has been further observed by the Hon’ble Commission that the FAA had skipped the analysis of the queries vis-a-vis the responses, though he is supposed to exercise his expertise based on domain knowledge. Hence, the Commission remanded this case back to the FAA for complete and proper adjudication of the issues and ensuring that information shall be provided to the appellant upon obtaining the same from the relevant custodians of information, invoking [Section 5(4) of the RTI Act; First Appellate Authority; Third Party Information]
• IC Decision dated 27.06.2018 on the Appeal,Complaint filed by Mr. R. Natarajan Vs. PIO, Ministry of Health & Family Welfare – The CIC observed as under:-
  “The society is a creation of MCI, housed in the MCI building for extending ease of functioning. In garb of functional autonomy, the parent body MCI cannot be said to have abrogated its right to access information from the society.”
  “The process of bestowing national honours cannot be kept away from public scrutiny. Any practice facilitating opacity will go on to diminish the sanctity of the honour and its past recipients.”
  The CPIO, MCI was accordingly directed to access information from Secretary, Dr. B.C. Roy National Award Fund and furnish the same to the appellant. [Dr. B.C. Roy National Award]
• CIC Decision dated 25.06.2018 on the Appeal filed by Balkrishna Porwal Vs. PIO, Department of Posts – As per the CIC Decision, by denying the information the appellant was not only harassed by the public authority, but also by the CPIO, and that while public authority denied him the documents which he was entitled under SHW Act of 2013, the CPIO denied them under RTI Act besides wrongfully invoking Section 8(1) (d) and (g). For the reasons stated in its decision, Hon’ble Commission concluded that denial of information to the appellant was without any reasonable cause, and hence liable for maximum penalty of Rs. 25,000 under section 20 of RTI Act, Hon’ble Commission also found it as a fit case to recommend the public authority to initiate disciplinary action against the CPIO in view of the analysis, in the above-referred decision. [Sections 8(1)(d) & (j) and 20; Section 16 of SHW Act of 2013; Inquiry Report; Sexual Harassment; File Notings]
• CIC Decision dated 25.06.2018 on the Appeal filed by Ajay Kumar Vs. CPIO, Indian Oil Corporation Ltd., Lucknow – The CIC observed  that  the  1^st appellate  authority  order  dated  13-06-2017  was  not  proper,  wherein,  the  1^st appeal was dismissed on the ground of limitation. In fact, the RTI application was never received by the CPIO. Therefore, calculation of timelines done by the 1^st appellate authority was without application of mind. The 1^st appellate authority was advised to adhere to the provisions of the RTI Act/Rules while disposing of 1^st appeal(s).
  The Deputy Registrar was directed to send complete RTI application file to the CPIO for taking necessary action. [First Appellate Authority (FAA)]
• CIC Decision dated 18.06.2018 on the Appeal filed by Shri Neeraj Sharma Vs. CPIO, Rajya Sabha Sectt., New Delhi – The  CIC was  of  the  view  that  the  delay  of more  than  5  days  in transferring  the  application  had  been  duly  explained  by  the  respondent and the  appellant was  provided  a  reply well  within  the stipulated  period  of  time. The Commission did not find any reasons to impose penalty on the CPIO. [Sec. 6(3); CPIO)]
• CIC Decision dated 31.05.2018 on the Appeal filed by Hitender Vs. CPIO, Ministry of External Affairs, New Delhi – The Commission was of the opinion that the complainant (who was an Australian citizen with the OCI card) could not be treated as Indian citizen for the purpose of seeking information u/Section 3 of the RTI Act. Moreover, the RTI Act, 2005 does not have any provisions for furnishing information to overseas citizen of India. It is applicable to Indian citizen(s) only. [Overseas Citizen of India]
• CIC Decision dated 11.07.2017 on the complaint filed by Shri Saurabh Bindal Vs. Delhi Lawn Tennis Association(uploaded on CIC website on 19.04.2018) – The issue before the bench of the Central Information Commission was to decide whether Delhi Lawn Tennis Association is a public authority per section 2(h) of RTI Act, 2008. In the light of the reasons stated in the Order and in order to avoid multiple litigation, the bench refrained from passing an order at that stage. The matter was adjourned sine die and it was open to the parties to agitate the matter before the Commission again after the superior courts have pronounced their decision. [Section 2(h); Delhi Lawn Tennis Association is or is not a Public Authority under the RTI Act]
• CIC Decision dated 07.05.2018 on the Appeal,Complaint filed by Mr. M. Dinesh Vs. PIO, Bureau of Immigration,IB (MHA) – It was, inter alia, observed by Hon’ble Information Commissioner that he was left with no doubt that a man preparing for his self defense in penal proceeding exercises his basic human right. Any impediment in the same would invariably be a breach of human right. The term ‘violation’ as preceding the term ‘human right’ in proviso to Section 24 of the RTI Act had to be understood in a broader manner so as to cover any past or ongoing violation of human rights.
  The appellant was seeking information about his own travel details to prove his innocence in a criminal proceeding. The information sought was crucial to the appellant for a fair opportunity of self defence. The Hon’ble Commission was not considering the culpability or innocence of the appellant in the criminal case set up against him; but declining a fair opportunity to arrange for material of self defence would certainly breach the human right of appellant. Furthermore, there was no impediment in terms of exceptions carved out in Section 8 of the RTI Act prohibiting dissemination of information sought. Accordingly, the Commission directed the PIO, Bureau of Immigration, Intelligence Bureau/MHA to provide complete information sought within four weeks of receipt of the order. [Sections 8 & 24; Human Rights; Self Defence]
• CIC Decision dated 19.04.2018 on the Appeal filed by Ashok Pandit Vs. CPIO, State Bank of India, Maheshkhunt, Khagaria, Bihar – CIC: “The copy of Land Possession Certificate (LPC) and land receipts of the borrowers is personal information of the third parties i.e. the borrowers, which is held by the Bank in a fiduciary capacity, the disclosure of which  has  no  relationship  to  any  public  interest  and  would  cause  an unwarranted invasion of the privacy of the third parties. Hence, the disclosure of the information sought is exempted under Section 8(1) (e) and (j) of the RTI Act. However, the total number of KCC loans sanctioned from 05.08.2016 till date should be disclosed.” [Section 8(1)(e) and (j); Land Possession Certificate]
• CIC upholds PMO’s decision not to disclose Aadhaar details of PM [Section 8(1)(j); Personal Information] – CIC Decision dated 19.02.2018 on Appeal filed by Soni S. Eramath Vs. CPIO, Prime Minister’s Office, New Delhi
• SC: “Weighing the need for transparency and accountability on the one hand and requirement of optimum use of fiscal resources and confidentiality of sensitive information on the other, we are of the view that information sought with regard to marks in Civil Services Exam cannot be directed to be furnished mechanically. Situation of exams of other academic bodies may stand on different footing. Furnishing raw marks will cause problems as pleaded by the UPSC as quoted above which will not be in public interest.” (Emphasis Added.) (Sections 8,9,11) –  SC Judgement dated 20.02.2018 – Union Public Service Commission, etc. Vs. Angesh Kumar & Ors. Etc. >>> RTI-Court Judgements
• Delhi HC: “Section 8 of the Act provides for exemption from disclosure of certain information and none of the provisions of Section 8 provide for blanket exemption that entitles the respondent to withhold all notings on a file.”, ” …. the reasoning, that the notings or information generated by an employee during the course of his employment is his information and thus has to be treated as relating to a third party, is flawed.” [Sections 2(f),8(1)(e),11(1),19(3); File Notings, Third Party Information] –  Delhi HC Judgement dated 12.02.2018 – Paras Nath Singh Vs. Union of India >>> RTI-Court Judgements
• CIC Decision dated 22.01.2018 on the Second Appeal,Complaint filed by Shri Rajender Saxena Vs. PIO,EE, Citi Zone, North Delhi Municipal Corporation – CIC: “Perusal of the records of the case reveal that the FAA has passed a non-speaking and summary order without specifying how the PIO’s order is incomplete and unsatisfactory. The case is remanded back to the FAA to adjudicate over the matter and decide the same on merits, giving specific directions to the PIO to furnish the deficient information, if any.” [FAA, CPIO]
• CIC Decision dated 18.01.2018 on the Complaint filed by A. Gopi Krishna Vs. CPIO, Syndicate Bank, Regional Office, Visakhapatnam – CIC: “The Commission, therefore,
  directs the FAA, Syndicate Bank, Regional Office, Visakhapatnam, to inquire into the matter as to whether the RTI application was received in the branch and, if so, what action was taken on the RTI application. The FAA shall also, if required, take appropriate departmental action against the officers responsible for the misplacement of the RTI application. A copy of the inquiry report along with the action taken report may be provided to the Commission as well as to the appellant within a period of six weeks. …”  [FAA, CPIO, Departmental Action for Misplacement of RTI Application]
• CIC Decision dated 05.12.2017 on Appeal filed by Madhu Vs. PIO & Sr. DMM, DRM Office, Northern Railway, New Delhi – The CIC directed the CPIO (Personnel) to issue notice u/s 11 of the RTI Act to the third party within five days from the receipt of the order, informing him of the Commission’s order and of the fact that the respondent was directed to disclose the information subject to third party’s consent and invite the third party to make a submission in writing on whether the information sought for in the above-stated RTI application should be disclosed to the appellant in this case. [Sections 2(n), 8(1)(j), 11(1); Caste Certificate]
• CIC Decision dated 05.12.2017 on the Appeal filed by Om Prakash Sharma Vs. PIO, Department of Posts – CIC: “… … CPIO is directed to explain why the Public Authority should not be directed to pay compensation to the appellant for providing illegible documents.” [Leave Record, MACP, CPIO’s action amounting to denial of information, Compensation to Appellant]
• CIC Decision dated 05.12.2017 on the Appeal filed by Shri Ajay Kumar, Gurgaon Vs. National Institute of Technology, Patna – CIC: The Commission directed the CPIO to provide to the appellant only the total amount of LTC claimed by the Director, NIT as per available record, excluding the name of family members, while providing information the CPIO would adhere to the provisions of the RTI Act, 2005. [Sections 10(1); LTC]
• CIC Decision dated 20.11.2017 on the Complaint filed by Mr. Shailesh Gandhi Vs. The CPIO, Reserve Bank of India, Central Office Building, Mumbai (Full Bench Decision) – Paras 29 and 30 of CIC’s Decision: “29. … … the instant Complaint is not maintainable under Section 18(1)(f) of the RTI Act due to the absence of cause of action. Moreover, the Complainant could not substantiate the reasons for not filing an RTi application with the Public Authority before filing a Complaint with the Commission.
  30. The Complaint is accordingly dismissed.” [Sections 4(1)(b), 18(1)(f); Disclosure Policy]
• CIC Decision dated 13.11.2017 on the Complaints filed by Shri R.K. Jain and Ms. Ita Bose against Indian Banks Association, Mumbai – CIC: The Indian Banks Association is declared as a public authority under Section 2(h) of RTI Act 2005. [Sections 2(h), 18, 19(8)(a)(ii)]
• CIC Decision dated 20.10.2017 on the Second Appeal filed by Shri Ramraj Sonkar Vs. CPIO, Branch Manager, SBI, Kanpur Nagar – CIC: The respondent was directed to show cause in writing that why action should not be taken against him for not attending the hearing in the Commission, within 30 days. (CPIO)
• CIC Decision dated 17.10.2017 on the Second Appeal filed by Shri Yogesh Chandra Vs. CPIO, Office of SE (Elect.). BSNL, New Delhi – The respondent denied the information relating to paras 3 and 4 (tenders awarded from September, 2011 to March, 2012; and photocopy of tender scrutiny notes) of this RTI application on technical ground saying that ‘award’ of tender was not issued from their office. The tenders were handled by the BSNL office. Therefore, the CIC decided that it is obligatory on part of the respondent to collect the information from the section/office where it is available, and provide to the appellant. (CPIO)
• CIC Decision dated 16.10.2017 on the Second Appeal filed by Shri Y.N. Prasad Vs. Ahlmad Evening Court – CIC: “Judicial proceedings and records thereof are public records and the appellant has a right to secure desired information. After hearing the appellant and perusal of record, the Commission deems it fit to direct the respondent PIO to offer inspection of the judicial file to the appellant on a mutual convenient day and time. The appellant shall be entitled to avail copies from the record upon payment of usual charges.” [Judicial Proceedings/Records]
• CIC Decision dated 16.09.2017 on the Second Appeal/Complaint filed by Shri Shailesh Gandhi, Shri Madhukar Ganpat Kukde and Shri Nimish S. Agarwal Vs. CDR Cell, IDBI Tower, Mumbai (Full Bench Decision) – CDR is not a public authority under the RTI Act. [Section 2(h)]
• CIC Decision dated 14.09.2017 on the Appeal filed by Shri R.B. Patil Vs. PIO, Department of Posts – The CIC on May 29, 2017, inter alia, ordered that “It is wrong to collect huge amount after delaying the response by two months. As per law they cannot charge if they have delayed the response beyond one month. Hence the Commission directs the respondent authority to provide complete information after certifying the documents and return Rs.7,096 to the appellant.” [Section 7(3) and (6); Refund of Fee]
• CIC Decision dated 04.09.2017 on the Second Appeal filed by Shri Ashwani Kumar Avasthi Vs. The CPIO, SBI, Mumbai & Director/GM, IBPS, Mumbai (Full Bench Decision) – Institute of Banking Personnel Selection (IBPS) is not a public authority under the RTI Act. [Section 2(h)]
• Service details of employees amount to ‘personal information’ under the RTI Act – SC Judgment dated 31.08.2017 – Canara Bank Rep. by its Deputy Gen. Manager Vs. C.S. Shyam & Anr.
• CIC Decision dated 08.08.2017 on the Appeal file by Sh. RK Jain, New Delhi Vs. CPIO, High Court of Madras, Madurai Bench of Madras High Court – CIC: “The Commission observed that uploading the details of impugned orders of the lower Courts/Tribunals can help the general public, litigants and all other stake holders in linking the Hon’ble High Court’s orders/judgments with the impugned orders and thereby serve a larger public interest.” [Sections (4)(1)(b), 22; Suo Motu Disclosure]
• CIC Decision dated 28.07.2017 on the Appeal filed by Ms. Krishna Sharma vs. PIO, Department of Posts, Supdt. of Post Offices, Gwalior – CIC: “The Commission recommends Shri Ananta Narayan Nanda, Secretary, Department of Posts & Chairperson, Postal Services Board to either instruct CPIOs to attend second appeal hearings or replace them with officers of different rank with requisite aptitude so that they responsibly represent the case during hearing.” [Section 20 of RTI Act; Second Appeal, Third Party Information, Action Taken, Pension]
• CIC Decision dated 28.07.2017 on the Appeal filed by Munna Ahmad vs. PIO, Dargah Committee, Ajmer – CIC: “As a journalist, appellant has every right to criticize the functioning of public authority. As a citizen he can also file RTI application. But he has no right to demand Advertisements for his magazine building pressure of RTI applications.” [Improper Use/Misuse of RTI]
• CIC Decision dated 16.06.2017 on the Second Appeal filed by Nammi Bano Vs. National Commission for Women – The explanation of the First Appellate Authority has been sought as to why disciplinary action should not be recommended against him for violating law in dealing with first appeal under RTI Act, in spite of being accused of sexual harassment of the complainant, which could be a clear case of conflict of interest.
  The Member Secretary has been directed to explain why the NCW should not be ordered to pay compensation to the appellant for the harassment. In exercising the powers under section 18 (1) of RTI Act, the respondent authority has been directed to conduct inquiry into the appellant’s complaints, and to provide the report to the Commission. [Sections 7(9), 8(i)(j), 18(1), 19(3)&(6), 20, Sexual Harassment Act, 2013; FAA, Compensation to RTI Applicant]
• CIC Decision dated 07.06.2017 on the Appeal filed by Mohd. Amin, J&K Vs. CPIO, TCIL, New Delhi – CIC: “6. The Commission observed that the respondent should be informed of the factual position of the processing and payment of his bills. The relevant documents, note sheets etc. may be provided to him. …  … The respondent is directed to provide information to the appellant as stated in para 6 above, free of cost …” [Payment of Bills] 
• CIC Decision dated 18.05.2017 on the Complaint filed by Shri Subhash Chandra Agrawal, New Delhi Vs. CPIO, Reserve Bank of India, Mumbai – CIC: “5 … … In any case, a public authority should not return an RTI application merely on the ground that it is not addressed to a specific CPIO but only to ‘CPIO’.
  6. In the light of the foregoing, we direct the Respondent public authority to appoint a nodal CPIO or designate one of the existing CPIOs as the nodal CPIO and give wide publicity to his name, designation and address. It will be the task of this nodal CPIO to discharge the responsibilities contained in the directions of the High Court of Delhi mentioned in paragraph 4 above.” [Nodel CPIO]
• CIC Decision dated 06.04.2017 on the Second Appeal filed by Mrs. Gunmala Jain, Lalitpur, UP Vs. CPIO, Sr. Supdt., Jhansi, UP – The appellant had filed RTI application dated 08.06.2015 seeking information regarding the PPF account of her husband Sh. Jay Kumar Jain viz. passbook of his PPF account; details of amount from opening date to 07.10.2013; copy of account opening form SB-3 and other related issues. CIC, inter alia, decided that “The respondent should search the record afresh and give a copy of search report to the appellant free of cost, and if feasible, the search should be carried out in the presence of appellant or her authorised representative. Further, the appellant shall be allowed to inspect the record on mutually agreed date and time ……”  [Inspection of Records, PPF Account, Post Office]
•  CIC Decision dated 05.04.2017 on the Second Appeal filed by Sucheta Sureshkumar Vs. PIO, EPFO, Mumbai – CIC: “… … it is not proper on part of Mr. Raju Kumar to reject RTI application on the ground that name of the addressee for IPO was not correct. Besides rejecting the PIO spent around Rs. 100/- Rupees in demanding another IPO in name of correct addressee. In fact the appellant has already paid Rs.10/- to Govt. of India when he purchased the IPO. Both common sense and prudence does not justify spending Rs. 100/- asking for Rs. 10/-. If PIO had furnished information and along with that had he asked for properly addressed IPO, there could have been justification for spending Rs. 100/-. The Commission records its admonition against the CPIO for such rejection and warns the public authority not to reject RTI applications in this manner. The Commission finds Mr. Raju Kumar accountable for wasting more than Rs. 100/- for rejecting the RTI application.” [Section 6(1), Rule 3 of RTI Rules, 2012; Payment of Fee, PF Dues, IPO]
• CIC Decision dated 30.03.2017 on Second Appeal filed by Amrika Bai V. PIO, EPFO, Raipur – CIC: “The Commission also requires as per Section 19(8)(a)(i, iii & iv) of RTI Act, the public authority to consider pension related information as life and liberty concerned information to provide quick access to information, publish necessary guidelines to deliver the pension related information and circulate amongst all CPIOs, and train them to provide such information concerning pension within 48 hours and the FAAs to initiate hearing proceedings within 48 hours.” [Sections 7(1), 19(8)(a)(I,iii & iv), Art. 21 of Constitution, Section 125 of CrPC; Pension, Right to Life, Sr. Citizen)
• CIC Decision dated 08.03.2017 on the Appeal filed by Insad, New Delhi, Vs. Dy. P.O., Min. of External Affairs, R.K. Puram, New Delhi – CIC directed Chief Passport Officer to lay down clearly articulated policy, shared with general public, for re-verification of police report. [Sections 19, 20; Passport]
• CIC Decision dated 09.02.2017 on Appeal filed by Shri Shrigopal Soni Vs. PIO, National Science Centre -CIC: “If the complaint by an admonished misuse leads to punishment, RTI will become a mockery, encouraging removed employees like this complainant to further misuse RTI and demoralize the disciplinary authorities. Hence, the complaint is rejected with another record of admonition against this complainant.” [Disciplinary Case, Suspension, Misuse of RTI, Action Against Complainant]
• CIC Decision dated 06.02.2017 on Appeal filed by Shri Gopal Rao Gudi Vs.PIO, National Council of Science Museum – CIC: “The Commission directs the public authority to provide certified copies of contract copy, records of bills payable to outsourced employees and to update information about service records of outsourced employees on their noticeboard/website regularly under section 4 (1) (b) of the RTI Act.” [Sections 2(j),4(1)(b),20; Outsourced Employees]
• CIC Decision dated 20.01.2017 on Appeal filed by Mr. Ashwani Kumar Gupta, Distt. Durg, Chhattisgarh Vs. CPIO, Office of the CLC (C), Raipur, Chhattisgarh -“Once an applicant seeks information as defined in Section 2(f) of the RTI Act, the same cannot be denied to the information seeker except on any of the grounds mentioned in Section 8 or 9 of the RTI Act, the CPIO cannot add or introduce new reasons or grounds for rejecting furnishing of information.” [Sections 2(f), 8 and 9; Conciliation Proceedings]
• CIC Decision dated 13.01.2017 on Appeal filed by Shri Shanker Goel, New Delhi – CIC: “However, the Commission directs the CPIO to provide copy of file note to the appellant, wherein the proposal was initiated/approved, in case it pertained to the appellant, after following the provisions of Section 10(1) of the RTI Act, 2005, …” [Section 8(1)(j), 10(1); Pay/Pension]
• CIC Decision dated 04.01.2017 on the Appeal filed by Shri Devraj, Distt. Dharwad, Karnataka vs. CPIO, South Western Railway, Bangalore – CIC: “Copy of the appointment letter of the third party employee can be given to the appellant. Rest of the information sought e.g. education qualification etc. is personal in nature and hence exempted.” [Section 8(1)(j), third party information; Appointment letter]
• CIC Decision dated 04.01.2017 on the Appeal filed by Mr. Ankur Jindal, Delhi, vs. CPIO, West Central Railway, Kota, Rajasthan – The CIC observed that the defense taken by the respondent under Section 8(1)(a) of the RTI Act was vague, as no case of impact on national security etc. had been made out. It was, inter alia, ordered that “The Commission is of the view that the information should be provided to the appellant on his application dated 10.03.2015, as this is not barred under RTI Act.” [Section 8(1)(a)]
• CIC Decision dated 29.12.2016 on the Appeal filed by Shri Pradeep B. Sharma, Indore vs. State Bank of India, Jabalpur/Bhopal  – The Central Information held that the information sought could not be provided to the appellant under the provisions of Section 8(1)(e) and (j) of the RTI Act, 2005 and that moreover, the appellant had not substantiated any larger public interest for divulging such information.” [Section 8(1)(e)&(j)]
• CIC Decision dated 27.12.2016 on Appeal filed by Shri Harinder Dhingra Vs. PIO, Ministry of Environment & Forests, New Delhi -CIC: “The Commission remands the first two questions of the RTI application back to the CPIO of PMO with a direction to initiate fresh efforts to find out the historical facts about these two inspiring songs- Jana Gana Mana and Vande Matharam and status accorded to them to place facts before the nation and dispel widespread misnomers about them in larger public interest, as that is a national necessity to address the patriotic and secular sentiments of the people of India. … …” [Section 6(3); National Anthem/National Song, etc.]
• CIC Decision dated 05.12.2016 on Appeal filed by Shri Prashant Katela Vs. CPIO, Railway Board, New Delhi – The CIC, in its order, directed the Railway Board to take steps to amend the rules regarding copying charges suitably to bring them in conformity with the letter and spirit of the RTI Act and Rules. [Photocopying Charges, Direction to Public Authority]
• CIC Decision dated 17.11.2016 on Appeal filed by Mrs. Gayatri Devi, Distt. Patna, Bihar Vs. CPIO, Office of GM, Personnel Branch, Vaishali, Bihar – [Section 8(1)(j); Inspection of Files]
• CIC Decision dated 16.11.2016 on Appeal filed by Mr. Hukma Raj Badala, Pali, Rajasthan Vs. CPIO, North Western Railway Division Office, Ajmer – CIC: The Commission advises the appellant to give a complete list of information, within 7 days of the order for which the reply was yet to be given to him in the context of his RTI request. The appellant was admonished for using improper language and making allegations that were not supplemented by him during hearing. [Recruitment]
• CIC Decision dated 15.11.2016 on Appeal filed by Mr. Narayan Prasad, Bikaner, Rajasthan Vs. CPIO, DRM Office, Bikaner, Rajasthan -CIC: “The respondent is advised to conduct an inquiry into why a decision was taken that the Railway Club is an autonomous body and is not within the purview of the RTI Act. The name of the person (s) taking this decision may also be given.”
• CIC Decision dated 01.11.2016 on Appeal filed by Shri Y.K. Mall Vs. PIO, KVS, New Delhi – CIC: “The appellant as on today has a right to information about remarks in the ACR and to know the reasons for average/adverse remarks. The RTI Act does not provide any answer to such questions, for which a policy need to be formulated. The affected employees like appellant need to organize representation and the appropriate Government should consider the same. The Commission recommends both.” [ACRs]
• CIC Decision dated 01.09.2016 on Appeal filed by A.B.S.J. Rao (ESM), Kakinada District, AP Vs. CPIO, NCC Group Hq., Kakinad District, A.P. – CIC: “Commission takes very strong exception of non attendance of CPIO during the  hearing of Second Appeal. He has also not provided any reply to the Appellant. A show Cause notice should be issued to the CPIO to send his written submissions explaining as to why penalty should not be imposed on him for both lapses as per Section 20(1) of the RTI Act.” [Sections 7(9) & 20(1)]
• CIC Decision dated 31.08.2016 on Appeal filed by Shri Joginder Singh, Tihar, New Delhi Vs. CPIO, Punjab & Sind Bank, Rajendera Place, New Delhi – Any larger public interest for disclosure of the information sought by him could not be established before the Commission. “His personal grievance concerning his conviction cannot become the ground of larger public interest”, observed the Commission. Therefore, the Commission upheld the decision of the Respondents to deny the information, sought by the Appellant under Section 8 (1) (j) of the RTI Act. [Section 8(1)(j); Disciplinary Action]
• CIC Decision dated 16.08.2016 on Appeal filed by Shri Tolendra Kumar Baghmar, Chhattisgarh Vs. CPIO, Dena Bank, Raipur  – The CIC noted that the Respondents holds the information concerning the accounts of their customers in a fiduciary capacity and it is exempted from disclosure under Section 8 (1) (e) of the RTI Act, in the absence of a finding of larger public interest. The Appellant had not established any larger public interest for disclosure of the information sought by him. His unsubstantiated allegation regarding an unauthorised withdrawal from the account by the outgoing sarpanch could not become the ground of larger public interest. The decision of the Respondents was upheld. [Sections 8, 8(1)(e), 11 and 19; Public Interest, Third Party Information]
• CIC Decision dated 16.08.2016 on Appeal filed by Shri Sham Sundar, Faridkot, Punjab Vs. CPIOs at Mumbai and Chandigarh, NABARD
  [Sections 8 (1)(e)]
• CIC Decision dated 22.07.2016 on Appeal filed by Bhramanand Mishra Vs. PIO, Kendriya Vidyalaya Sangthan, Lucknow [Sections 4(1)(a) & 8(1)(j); RTE Act, JJ Act; Art. 21,21A & 39(e) of the Constitution of India; Inquiry Report, School] To see detailed news, click here.
  
• CIC Decision dated 21.07.2016 on Appeal filed by Shri Gulab Singh Rana, GM, Indian Overseas Bank, Chennai Vs. CPIO, Indian Overseas Bank, Chennai – CIC: “The decision of IOB to deny the information to accused/appellant is illegal, unconstitutional and in serious violation of appellant’s internationally recognized human rights besides the RTI Act. The investigating agency, CBI, performing police functions, was a contributor of investigative inputs, while the IOB as sanctioning authority has complete decision making power. It is established that Section 24 was illegally invoked ignoring its proviso.” The IOB was directed by the CIC to provide the point-wise information sought by the appellant with relevant certified copies. [Sections 2(j), 8(1)(d),(g) & (h), 19, 22 & 24(1) of the RTI Act, Sections 5, 162 r/w 123 & 165 of the Indian Evidence Act, Articles 19(1)(a) & 21 of the Constitution of India; CBI Investigation, Prosecution]
• CIC Decision dated 11.07.2016 on Appeal filed by Shri Vivek Duggal Vs. CPIO, Petroleum and Natural Gas Regulatory Board, N. Delhi (Div. Bench Decision) – CIC: The Commission upheld the decision of the Respondents to deny the information sought at point 2 (ii) (a) to (h) of the RTI application [Sections 8, 8(1)(d) & 11(1)]
• CIC Decision dated 28.06.2016 on Appeal filed by Shri Nanik Premchand Rajwani, Distt. Thane Vs CPIO, Union Bank of India, Mumbai (Division Bench Decision) – CIC: The CPIO of the Respondent Bank was directed to provide to the Appellant the information in response to point (a) of his RTI application. With regard to the information sought at points (c) to (e) of the RTI application, the Commission saw no ground to question the submission of the Respondents that they do not maintain compiled information regarding action taken against their officers / statutory auditors in respect of the specific misdemeanours mentioned at the above points. Therefore, the Commission did not interfere with the CPIO’s response to these points.  [Sections 8(1)(a)&(d), 19; Action Taken, NPA Accounts, Economic Interest, Compiling of Information; Art. 12 of the Constitution]
• CIC Decision dated 24.06.2016 on Appeal filed by Ex Nb Sub U.S. Maurya, New Delhi Vs. CPIO, Records Signals – CIC: “Relevant extracts relating to medical fitness wherever available in the Work Charter be provided to theappellant.” [Sections 8(1)(a)&(j); Army Branch (Work Order)]
• CIC Decision dated 24.06.2016 on Appeal filed by Shri Banarasi Rai, Madya Pradesh Vs. CPIO, CBI, Madhya Pradesh – CIC: The Commission observed that in that case information has been sought from CBI, an organization to which the RTI Act does not apply as per Section 24(1) of the RTI Act. Further, the information sought did not pertain to allegations of corruption and human rights violations by the officers of CBI. Hence, information could not be provided to the appellant. [Section 24(1); Action Taken]
• CIC Decision dated 15.06.2016 on Appeal filed by Shri Chayan Ghosh Chowdhury, Lucknow Vs. Punjab & Sind Bank, New Delhi – CIC: While providing the information on point No. 4, the CPIO should sever / blot out from the orders, copies of which are to be provided to the Appellant, the names and any other information of a personal nature (such as date of birth, personal address and family details etc.) concerning the officials, in whose case the Officer was conferred the power of disciplinary authority. ….  The Commission also pointed out the consistent position taken by the Commission that the FAA should give a personal hearing to those appellants who request for it. [Sections 8(1)(j), 10; Disciplinary Action, Personal Hearing by FAA]
• CIC Decision dated 09.06.2016 on Appeal filed by Shri Arun Kumar Agarwal, Bangalore Vs. Security & Exchange Board of India (SEBI), Mumbai (Full Bench Decision) – CIC: The appellant in the instant case had not made a bona fide public interest in seeking information, the disclosure of such information was likely to cause unwarranted invasion of privacy of the individual under Section 8(1)(j) of the RTI Act. It being so, the Commission were not inclined to allow disclosure of the requested information. [Sections 8(1)(e)(f) and (j); Third Party, Assets & Liabilities Statement]
• CIC Decision dated 06.06.2016 on Appeal filed by Ms. Monika Singh Vs. Family Welfare Deptt., Govt. of NCT of Delhi – CIC: The Commission directed the respondent authority to spell out their policy on compensation for the doctors dying on duty due to exposure to infectious diseases, such as the case of husband of the appellant under section 4(1)(c) of the RTI Act. [Sections 4(1)(c), 19; Action Taken, Hospital, Hon’ble Commission’s Direction]
• CIC Decision dated 06.06.2016 on Appeal filed by Mr. Onkar Nath, Allahabad Vs. CPIO, Ordnance Factory Board, Kolkata [Sections 8(1)(a) & (d), 10]
• CIC Decision dated 26.05.2016 on Appeal/Complaint filed by Shri Gurmeet Singh, Delhi Vs. Safdarjang Hospital & VMMC, New Delhi – Upon a query from the Commission as to why procedure envisaged under Section 11 of the RTI Act was not resorted to, the CPIO stated that considering the fact of ongoing legal dispute between the appellant and the patient, he was not inclined to make disclosure. The First Appellate Authority’s Order was upheld. [Sections 8(1)(e), 11; Medical Record, Court Case, Hospital]
• CIC Decision dated 25.05.2016 on Appeal filed by Mr. Vikas Sethi, New Delhi Vs. CPIO, Department of Income Tax, New Delhi – The assessment proceedings had been completed. Hence the Commission decided that the CPIO should disclose the broad outcome of the TEP (Tax Evasion Petition) to the appellant. [Income Tax, Tax Evasion Petition, Action Taken]
• CIC Decision dated 13.05.2016 on Appeal filed by Shri Gaurav Sethi Vs. University Grants Commission -The CIC, inter alia, directed respondent authority to furnish action taken report on the complaint of the appellant, and also directed PIO of Mahatma Gandhi University, Meghalaya considering him as deemed PIO to show cause why information was not provided to the appellant and why maximum penalty should not be imposed against them for non-furnishing of information, within 21 days from the date of receipt of this order. [Sections 18, 20; Action Taken Report]
• CIC Decision dated 06.05.2016 on Complaint filed by Shri S.C. Agrawal Vs. Constitution Club of India (Full Bench Decision) – The CIC, inter alia, directed the concerned CPIOs to produce the lease deed and the file relating to the lease deed along with correspondence or any other relevant documents pertaining to the CCI, etc.  before the Commission, and also directed the CPIOs of CPWD and the Director (Works), Ministry of Urban Development to show cause why maximum penalty should not be imposed against each of them for not responding to the direction of the Commission dated 1.4.2016 to provide all relevant documents pertaining to the CCI. [Section 20; Property/Lease]
• सीआईसी निर्णय दिनाकित 23.03.2016 – श्री अशोक कुमार, नन्द नगरी, दिल्ली Vs सी जी एच एस, लक्ष्मी नगर, दिल्ली – [Section 8(1)(j); Appointment, Service Book]
• CIC Decision dated 22.03.2016 on Appeal filed by Shri Rameshwar Das Bhankhar Vs. Kendrya Vidyalaya Sansthan, N. Delhi – CIC: “The appellant had sought information about a post in computer science, qualifications required for the Post of PG Teacher, copy of rules, whether the candidates, who secured the degree through distance education are eligible, etc. This is the information which the Public Authority is under obligation to voluntarily disclose under Section 4(1)(b) of the RTI Act and place the same in the web site.” [Sections 4(1)(b) and 20; Appointment]
• CIC Decision dated 12.03.2016 on Appeal filed by Shri Hemant Dhage Vs. Department of Legal Affairs, Govt. of India, New Delhi – The CIC, inter-alia, decided: “33. ….. the Commission declares that the office of the Minister for Law as public authority under Section 2(h) of Right to Information Act, and under Section 19(8)(a)(ii) require the Government of India to appoint a Central Public Information Officer to answer the information requests of the citizen and publish the information as per Section 4(1)(b) including facility of meeting people.
  34.    The Commission strongly recommends to implement the recommendations of NCRWC, Second ARC and replace the ‘oath of secrecy’ with ‘oath of transparency” so that the Minister will respect the right to information of the citizen, which was passed by the Parliament and considered as fundamental right intrinsic in Article 19(1)(a) of the Constitution, and be answerable/accountable to the citizens.” [Sections 2(h), 4(1)(b), 8(1), 8(2), 19(8) and 22; Appointment with Minister]
• CIC Decision dated 10.03.2016 on Appeal filed by Nirmal Kanta Vs. Laxmi Bai College, Delhi University – [Sections 4(1)(b), 8(1)(a) and (j) and 20; Civil/Building Works, DI]
• CIC Decision dated 08.03.2016 on Appeal filed by Shri Bipin Kumar Vs. Bhakra Beas Management Board, Nangal – CIC: “… without commenting upon the merits of the present appeal, the Commission deems it expedient to set aside the order dated 10.07.2014 passed by the first appellate authority of BBMB. It is directed that the FAA shall decide the first appeal afresh after affording an opportunity of hearing to the appellant.” (First Appellate Authority, Burden of Proof)
• CIC Decision dated 07.03.2016 on Appeal filed by Shri P. Muruesan, Turicorin Vs. Tuticorin Port Trust – [Section 8(1)(j)]
• CIC Decision dated 24.02.2016 on Appeal filed by Shri Anil Sood Vs. Sub Divisional Magistrate (Election), Govt. of NCT of Delhi – CIC: “It is not proper on the part of public authority to suppress the information on such vital aspects, inspite of CIC Order. Commission recommends that most of the information as sought by the appellant should have been published under section 4(1)(b), accordingly, there should be proper updating of section 4(1)(b). Commission directs public authority to take necessary steps to update the official website with such information at regular intervals.” [Sections 2(f), 4(1)(b); Voters List]
• CIC Decision dated 23.02.2016 on Complaint/Appeal filed by Shri Dinesh Chandra Vs. Medical Council of India, New Delhi – The CIC, inter alia, decided that in the event of non-receipt of response (of the CPIO) within the stipulated period, the Commission shall proceed with the penalty proceedings, in due course of law, on the basis of information available on record. [Sections 2(f), 4(1)(b); Voters List]
• CIC Decision dated 08.02.2016 on Appeal filed by Mr. Hemant Kumar Agarwal, Sarguja, Chhattisgarh Vs. CPIO & Supdt. of Post Office, Raigad – CIC: “… … the RTI Act does not require the public authority to retain records for indefinite period. The information needs to be retained as per the record retention schedule applicable to the concerned public authority.” [Sections 8(3), 19(8)]
• CIC Decision dated 08.02.2016 on Appeal filed by Shri S. Poovendran, Salem Distt. Vs. CPIO, Southern Railway, Chennai – CIC: “During the pendency of an RTI appeal, the records should not have been destroyed. … … The Railway may be advised to, inter alia, change their record retention policy so that a marksheet which is under consideration in an appeal under RTI Act is not destroyed.” [Retention of Records]
• CIC Decision dated 15.01.2016 – Abne Ingty vs. CPIO, Delhi University, New Delhi  – The CIC, inter alia, directed all the Universities in India, including deemed Universities and all examining bodies to provide copies of answer sheet only at a cost of Rs 2 per page and make necessary changes to their respective notifications accordingly as soon as possible but not beyond 30 days. [Sections 4(1), 7, 8(1)(d), 18(1)(d), 19(8)(a) & 22 of RTI Act and Rule 4 of the Fee & Cost Rules]
• CIC Decision dated 16.12.2015 on Appeal from Mr. Maniram Sharma, Distt. Churu, Rajasthan Vs. Min. of Communication & IT, NIC, New Delhi (Full Bench Decision) – The CIC, inter alia, decided that as per appellant’s request the NIC shall compile the GOI Web Directory at the earliest in larger public interest and all public authorities concerned shall expeditiously provide the necessary data to NIC to complete the task. [Sections 2(j), 4, 7(6), 8, 10, 11 & 24 of the RTI Act, Section 4 of the Public Records Act, Sections 43 & 72 of the IT Act, Art. 51 of the Constitution]
• CIC Decision dated 11.12.2015 on Appeal from Smt. Mukesh Devi, Distt. Alwar Vs. CPIO, Office of DG, CISF Camp, New Delhi – CIC: “…. the Commission would like the CISF to consider the request of the complainant and provide information to the extent possible to the appellant. (Section 24(1), Exempt Organisation)
• CIC Decision dated 09.12.2015 on Appeal from Dr. A.L. Agarwal Vs. Delhi University The CIC, inter alia, ordered that “Public authority should read Section 16 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 along with the rules made under this Act and circulars of DoPT which specifically direct them to provide a copy of sexual harassment complaint to charged officer.” [Section 8(1)(e),(g) and (j), Complaint of Sexual Harassment]
• CIC Decision dated 30.11.2015 on Appeal from Dr. D. Dhaya Devadas & Shri V. Sundaram Vs. CPIO, Indian Bureau of Mines, Chennai (Full Bench Decision) (Public Interest)
• CIC Decision dated 27.11.2015 on Appeal from Mr. Nirmal Kumar Agarwal, Kheri (UP) Vs. CPIO, Department of Posts, Kheri – CIC: “After hearing submissions of both the parties the Commission directs the CPIO to provide copy of the investigation report regarding the account(s) of the appellant & his family members …” (Investigation Report, Post Office Accounts)
• CIC Decision dated 27.11.2015 on Appeal from Mr. Kunjan Tripathi, Distt. Kanpur (Dehat) Vs. CPIO, Department of Posts, Kanpur – CIC: “The RTI Act is not the proper law for redressal of grievances/disputes and there are other appropriate forum(s) for resolving such matters.” (RTI not appropriate forum for redressal of grievances/disputes).
• CIC Decision dated 09.11.2015 on Appeal from Shri R.K. Jain Vs. Delhi University – CIC: “The Commission … … considers that it is a case where the CPIO returned the original RTI application along with the IPO, which means a total and complete refusal to act under the provisions of RTI Act, which appears to be a serious breach of RTI Act. The Commission directs the CPIO to explain and show cause as to why maximum penalty should not be imposed against him and why compensation should not be granted to the appellant and disciplinary action should not be recommended against him.”
• CIC Decision dated 09.11.2015 on Appeal from Mr. A. Bidyadhar, S.P.M. Sumandala, Ganjam (Odisha) Vs. Department of Posts, Berhampur-760001 – The CPIO’s representative stated that he will supply copy of the LTC bill submitted by the appellant along with the relevant file notings vide which sanction was accorded. The CIC decided that the CPIO’s representative should supply the information as above to the appellant.
  * CIC Decision dated 21.10.2015 on Appeal from Mr. David George Thomas Vs. Ministry of Environment & Forests – The Commission directed the respondent public authority, inter alia, to explain reasons for this non-publication of policy related information about Solar Thermal projects as mandated by Section 4(1) of RTI Act, to explain why adequate compensation should not be given to the appellant, and to provide necessary training to CPIOs to understand their duties under Environment Protection Act, RTI Act, duties as the CPIO representing the entire public authority.
  * CIC Decision dated 21.10.2015 on Appeal from Mr. David George Thomas Vs. Ministry of Environment & Forests – The Commission directed the respondent public authority, inter alia, to explain reasons for this non-publication of policy related information about Solar Thermal projects as mandated by Section 4(1) of RTI Act, to explain why adequate compensation should not be given to the appellant, and to provide necessary training to CPIOs to understand their duties under Environment Protection Act, RTI Act, duties as the CPIO representing the entire public authority. [Sections 4(1)(d) & (e)]
  * CIC Decision dated 15.10.2015 on Appeal from Shri Durga Prasad Kushwaha, Katni Vs. Life Insurance Corporation of India, Jabalpur – The Commission held that the attendance in respect of employees of public authority is disclosable information and the CPIO was directed to provide computerized attendance sheet in respect of the former Branch Manager, LIC, for the specified period in 2013, severing any personal information like the reason of leave/not attending etc. [Sections 8(1)(e),(g) & (j)]
  * CIC Decision dated 23.09.2015 on Appeal from Indian Technomac Company Ltd., New Delhi Vs. CPIO, Bank of India, Janpath, New Delhi – CIC: “However, the crux of the matter is that the information should have been sought by a citizen in his individual capacity. ….. in the instant case, there is no doubt whatsoever that M/s Indian Technomac Company Ltd. were the RTI applicant, the Appellant before the FAA and are the Appellant before the Commission. As a legal entity, they cannot seek information under the RTI Act.” (Sections 8(1)(d) & (e), 19)
  * CIC Decision dated 11.09.2015 on Appeal from Shri Biswamber Nayak Vs. Batra Hospital & Medical Research Centre, New Delhi – Batra Hospital is covered under the RTI Act. [Section 2(h)]
  * CIC Decision dated 07.09.2015 on Appeal from Shri Sultan Singh Vs. PIO, Sub-Divisional Magistrate, Punjabi Bagh, New Delhi – The Commission directed the Deputy Commissioner of Revenue Department Head Quarters (Delhi), inter alia, to explain to the appellant and the Commission what measures they have taken to correct the unconstitutionally given caste certificates to Chamars as “Jatavs”, etc., since 2011 till today, and when do they start certifying the applicants with their original caste names. (SC Certificate)
  * CIC Decision dated 13.08.2015 on Appeal from Shri Sunhash Chandra Agrawal Vs. PIO, Min. of Environment, Forests & Climate Change, New Delhi – CIC: The Commission directed the respondent officer to provide complete information for points 7 and 8 of the RTI application together with related documents free of cost … The Commission also directed the CPIO/PMO and CPIO/DOPT to provide information sought, appear before the Commission to report compliance to the Commission. [Sec. 7(6), 8(1) (e) and (j), 11] * CIC Decision dated 10.08.2015 on Appeal from Mr. Chandratan, Ahmedabad Vs. CPIO, Office of Commissioner, Income Tax Department, Surat – CIC: The appellant has not succeeded in establishing that the information sought was for larger public purpose. [Sec. 8(1)(j), Larger Public Interest] * CIC Decision dated 03.08.2015 – Ms. Poonam Kumari, Ghaziabad Vs. CPIO, Staff Selection Commssion, New Delhi – CIC: The Commission directed the CPIO to communicate the reason for non-selection of the candidate.
  * CIC Decision dated 03.06.2015 on Appeal filed by Rakhee Marwah Vs. PIO, SDM (Saket), New Delhi – CIC: The Commission found reasonable grounds to inquire (as provided under Section 19(2) of RTI Act) into the matter of issuing income certificate to a person, and into the allegation of suppressing the file, partly in the beginning and some part even now, and furnish report to the Commission within 30 days. The Commission also directed the respondent authority to pay compensation of Rs 10,000 to the appellant, for denying and harassing the appellant by not giving information in stipulated time on the pretext of missing file.
  * CIC Decision dated 30.04.2015 on Appeal from Surender Vishwakarma Vs. Department of Justice, GOI, New Delhi – CIC: The Commission having heard the submissions and perused the record, observes that the information sought by the appellant is from the year 1952 to 2015 that is for 63 years which is very unreasonable as the same is very voluminous. The appellant ….. could not convince the Commission why he needs this huge information. The Commission, therefore, does not interfere with the FAA order and dismisses the appeal. (Voluminous Information)
  * CIC Decision dated 13.04.2015 on Appeal from Ms. Jyoti Arora Vs. Pusa Polytechnic, Delhi – The Commission directed the PIO/DTTE to inform the reasons for delay in giving the appellant the selection grade and also provide complete correspondence between the respondent and the DTTE within 15 days The Commission also directed to show cause why penalty cannot be imposed on them for not giving complete information to the appellant. (Disclosure of Reasons)
  * CIC Decision dated 10.04.2015 on Appeal from Ms. Jyoti Jeena Vs. Institue of Human Behaviour & Allied Sciences, Delhi – CIC: “Hence, the Commission holds that there is a larger public interest that require disclosure of medical records of a patient as mandated under Section 8(1)(j) and directs the respondent authority to furnish the information about the medical records of her husband to the extent ….” (Sections 2,3,4,6(2),7,8,11,18,19, Right to Privacy, Larger Public Interest)
  * CIC Decision dated 31.03.2015 on Appeal from Shri Shantaram Vs. New India Assurance Co. Ltd., Mumbai – The Commission directed the FAA, Life Insurance Corporation to issue instructions to all the Divisional Offices for charging correct premium in this regard under intimation to the Commission.
  * CIC Decision dated 19.03.2015 on Appeal from Mr. Dharampal, Gurgaon Vs. CPIO & Supdt. of Post Offices, Gurgaon – The Commission directed the department to compensate the appellant by an amount of Rs.1000/- for the inconvenience and detriment caused to him. [Section 19(8)(b)].
  * CIC Decision dated 19.03.2015 on Appeal from Dr. Ram Kumar, Jaipur Vs. Controller of Communication Acts, Deptt. of Telecommunications, Shimla – The basic protection afforded by virtue of the exemption from disclosure enacted under Section 8(1)(j) cannot be lifted or disturbed unless the petitioner is able to justify how such disclosure would be in ‘public interest’. [Section 8(1)(j)]
  * DoPT Circular dated 17.03.2015 – Format for giving information to the applicants under RTI Act-seeking comments from public regarding
  * Office of the Attorney General of India is a public authority within the meaning of Section 2(h) of the RTI Act. –  Delhi High Court Judgment dated 10.03.2015 – Subhash Chandra Agrawal Vs. Office of Attorney General and R.K. Jain Vs. Office of Attorney General of India * CIC Decision dated 04.03.2015 on Appeal from Mr. Jitendra Anandrao Chauhan, Kolhapur Central Prison Vs. Department of Posts, New Delhi –  The Department of Posts has been requested to look into the issue and take appropriate steps to provide access to PIN code to prisoners lodged in various jails. (Larger Public Interest) * CIC Decision dated 03.03.2015 on Appeal from Mr. Baladevan Rangaraju Vs. PIO, Delhi Commission for Women, GNCTD, New Delhi (Non-Disclosure Agreement, Section 10) * CIC Decision dated 02.03.2015 on Appeal from Dr. Amal Kumar Bhattacharya, Vadodara Vs. Medical Council of India, New Delhi (Voluminous Records, Section 10) * CIC Decision dated 26.02.2015 on Appeal from Shri Anbuvendhan, Chennai Vs. the CPIO, National Commission for Scheduled Castes, New Delhi [Section 5(4)] * CIC Decision dated 20.02.2015 on Appeal from Suresh Chander Gupta Vs. Ministry of Environment & Forests, New Delhi – The Commission directed the CPIO of MoEF to, inter alia, perform their obligation under Section 4(1)(c) and 4(1)(d) of RTI Act, 2005, and to furnish the reasons for formulating the policy of not imposing any restrictions and instead permitting the DDA to go ahead with unrestricted installation of Mobile Towers in the lands of DDA, in spite of recommendations against. The Commission also recommended the Chief Minister’s Office and office of Lieutenant Governor to probe into the reasons for ignoring these vital reports and their recommendations about the adverse effects of EMF from Mobile Towers and also to inform the people as to what measures they would initiate in response to the recommendations of the Inter Ministerial Group or if they have rejected the recommendation, the reasons and grounds for the same. (Sections 4(1)(c)&(d)/Disclosure of Reasons) * CIC Decision dated 18.02.2015 on Appeal from Shri Shyam Mohan Parashar, Faridabad Vs. Dte. of Training and Technical Education, Delhi – “The Commission directed the respondent authority to furnish information to the appellant as to the reasons for denial of Selection Grade to him as they are bound to give the same under Section 4(1)(c.) …” (Section 4(1)(c)/Disclosure of Reasons) * O.M. dated 17.02.2015 – Guidelines for Public Information Officers/FAAs for supply of information and disposal of first appeal respectively – reiteration of  >>> RTI – Rules/Circulars * Decision dated 05.02.2015 on Complaint from Shri Pradeep Sharma Vs. Social Welfare Officer (respondent) – “The Commission reiterates that the Bar Council of Delhi should initiate proceedings against the complainant for alleged misconduct of sending a blank paper as RTI application and causing wastage of public money and time of Public Authority.” (Misuse of RTI/Action against Complainant) * Decision dated 03.02.2015 on Complaint from Shri Roshan Lal Vs. Registrar of Cooperative Societies, Delhi – “The Commission after hearing the submissions made directs the PIO to obtain the information from the Society and furnish the same to the Complainant within thirty days of receipt of this order.” (Section 18) * CIC Decision dated 02.02.2015 on Complaint from Shri Roshan Lal Vs. Deptt. of Health & Family Welfare, GNCTD, Delhi – “The Commission, therefore, directs the respondent authority to inquire into the complaint of the complainant and provide the action taken report on the same within 30 days from the date of receipt of this order.” (Section 18) * CIC Decision dated 02.02.2015 on Appeal from Shri SKT Sherman Vs. RCS, GNCTD, New Delhi “The Commission also advises the appellant not to file repeated RTI applications which are aimless and useless. The Commission also advises the respondent authority not to share any personal information of the officers with the people like the appellant without invoking Section 11 of the RTI Act.” (Abuse of RTI) * CIC Decision dated 02.02.2015 on Appeal from Dr. Satya Prakash, Delhi Vs. Lalit Kala Akademi, New Delhi – “The CPIO is directed to provide to the Appellant copies of such agreements, if available on the records of the public authority, by severing any information of a personal nature concerning the advocates, such as their personal address, bank account and income tax details etc., under Section 10 of the RTI Act.” [Section 10] * CIC Decision dated 30.01.2015 on Appeal from Shri N.B. Deshmukh, Thane Vs. CPIO Air India Ltd., Mumbai – The Commission cautioned the FAA to strictly follow the RTI regime while disposing of appeals and pass a speaking order, after taking due cognizance of merits of each case. * CIC Decision dated 27.01.2015 on Appeal from Shri Harsh Vardhan Nayyar, New Delhi Vs. NDMC, New Delhi – “… names, addresses and phone nos./email addresses of all plaintiffs cannot be provided to the appellant as the same is third party information u/s 8(1)(j), the disclosure of which serves no larger public interest. … .. the appellant has neither suffered any detriment nor is there any public interest in seeking the information. Therefore, his plea for award of compensation is not accepted.” * Copy of Minutes of the CIC Meeting dated 13.12.2011, reg. norms for according priority to appeals/complaints filed before the Commission (As on CIC website-01.02.15) * CIC Decision dated 27.01.2015 on Appeal from Mr. M. Mahadevappa Vs. CPIO & DGM (HR/Admn.), BSNL, Mysore – “The appellant has not succeeded in demonstrating that the information asked for by him is in larger public interest. It being so, there is no need to interfere with the respondent’s decision.” [Section 8(1)(j)] * CIC Decision dated 21.01.2015 on Appeal from Ms. Harpreet Kaur Vs. Delhi Subordinate Selection Board, Delhi – “… the candidate with regard to his/her own answer sheet can obtain the copy of the same as a matter of right, but with regard to the answer sheet of third party, unless the candidate is able to show that large public interest is involved, the same cannot be furnished unless the candidate from whom it is sought for permits the same.” The Commission, therefore, directed to follow the procedure for supplying third party information U/S 11 of RTI Act, by seeking the opinion of the third party and taking a final decision by the PIO in this respect. [Sections 3, 8(1)(j), 11 and 19(3)]  * CIC Decision dated 16.01.2015 on Appeal from Sh. Subhash Chandra Agrawal Vs. Department for the Welfare of SC/ST/OBC, GNCTD, Delhi – “The Commission require the Chief Secretary of Delhi and Union Cabinet Secretary to disclose their policy on this issue under Section 4 of Right to Information Act and also inform the appellants about their proposed steps to implement recommendation of Lokayuktha of Delhi in effectively preventing photo publicity of the political rulers.” * CIC Decision dated 14.01.2015 on Complaint from Sh. Subhash Chandra Agrawal Vs. National Green Tribunal, New Delhi – The Commission recommended change of officer to be designated as FAA. * CIC Decision dated 08.01.2015 on Complaint from Ms. Sakshi Jain Vs. GGS Indraprastha University, Delhi [Sections 7(9), 18 & 20)] * Decision dated 07.01.2015 on Appeal from Shri S.N. Shukla, Lucknow Vs. Department of Justice, Govt. of India, New Delhi – The CIC has directed the Law Ministry to disclose the Cabinet note about the decision to establish a National Judicial Appointments Commission, saying that such documents are not secret and should thus be made public. * CIC Decision dated 17.12.2014 – Mr. Francis Assis Fernandes, Indore Vs. CPIO & Sr. Supdt. of Post Offices, Ujjain [Sections 8(1)(e), 8(1)(j)] * Delhi HC Judgement dated 04.12.2014 – The Registrar, Supreme Court of India Vs. Commodore Lokesh K. Batra and Ors. – Hon’ble Delhi High Court: “I find no infirmity with the impugned order in so far as it directs that the records may be maintained in a manner so that the information regarding the period for which the judgments are pending after being reserved, is available with the petitioner in future.” [Sections 4(1)(b), 7(9) and 19(8)(a)(iv)] * CIC Decision dated 01.12.2014 – Attar Singh Kaushik Vs. Education Deptt., GNCTD, Delhi – CIC: “The Commission after hearing the submissions made directs the PIO to conduct an inquiry u/s 18(2) of the RTI Act to find out reasons and officer responsible for delay in payment of remuneration to the Appellant for nearly three years, for initiating disciplinary action against such officer. …” * CIC Decision dated 25.11.2014 – Mr. R.K. Jain Vs. Department of Legal Affairs, Govt. of India, New Delhi – CIC: “The Appellate Authority is cautioned not to dismiss any appeals without reading the contents of the appeals or hearing the parties.” * CIC Decision dated 10.10.2014 – Sarla Verma Vs. Delhi Jal Board – “The Commission … … recommends the Public Authority to treat the RTI application as a complaint and as a regulatory initiate action against the persons who had installed nonfunctioning meters.” * Madras High Court Judgement dated 17.09.2014 – PIO-Registrar (Admn.), High Court, Madras Vs. Central Information Commission, New Delhi & another – “… … the first respondent-Commission clearly erred in passing the impugned order in this Writ Petition, directing the petitioner to furnish the details to the second respondent as well as sending a tabular statement listing all the complaints and representations received from the second respondent.” * Decision dated 20.08.2014 – Dr. Srinivas Vyas Vs. Ayurvedic and Unani Tibbia College & Hospital, GNCTD, New Delhi – “The Commission recommends the respondent authority to prepare a consolidated report of the appellant’s RTI applications and upload the same in their website, showing it as a case of misuse of RTI.”