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RTI – Court judgements

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RECENT JUDGEMENTS

Delhi HC Judgement dated 24.01.2017 – B.B. Dash Vs. Central Information Commission and Anr. – Delhi High Court: “8. The response to the various queries “it is an institute matter”, neither answers the queries nor renders an explanation claiming exemption from providing information.
9. Perusal of the impugned order shows that the CIC has not erred in returning a finding that information sought has not been provided to the respondent No.2. No cogent explanation has been rendered for non-supply of the information. Thus, the order of the CIC dated 22.11.2016 cannot be faulted.” [Secction 20(1)]

I. SUPREME COURT JUDGEMENTS
II. HIGH COURT JUDGEMENTS

I. SUPREME COURT JUDGEMENTS

CIC & Information Commissioners

  SC Judgement dated 15.02.2019 - Anjali Bhardwaj and Others v. Union of India & Others (205.2 KiB, 3,000 hits)

Sec. 8 
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. (141.4 KiB, 6,125 hits)

 — Sec. 8(1)
— SC: “… …lower level economic and financial information, like contracts and departmental budgets should not be withheld under this exemption. This makes it necessary to think when or at what stage an information is to be provided i.e., the appropriate time of providing the information which will depend on nature of information sought for and the consequences it will lead to after coming in public domain. …” 
–   

  SC Judgment dated 16.12.2015 - Reserve Bank of India Vs. Jayantilal N. Mistry (412.1 KiB, 2,288 hits)

 [Sections 8(1)(e) and 10 & Art. 19(2) of the Constitution]
Sec. 8(1)(g)

  SC judgement dated 13.12.2012 - Bihar Public Service Commission Vs. Saiyed Hussain Abbas Rizwi & Anr. (231.2 KiB, 1,328 hits)

Sec. 8(1)(j)

  SC Judgment dated 31.08.2017 - Canara Bank Rep. by its Deputy Gen. Manager Vs. C.S. Shyam & Anr. (448.0 KiB, 8,305 hits)

  SC Judgment dated 16.04.2013 - R.K. Jain Vs. Union of India & Anr. (325.2 KiB, 3,555 hits)

  SC Judgment dated 03.10.2012 - Girish Chandra Deshpande Vs. Central Informtion Commissioner & Ors. (177.5 KiB, 2,644 hits)

 Sec. 9 

  SC Judgement dated 20.02.2018 - Union Public Service Commission, etc. Vs. Angesh Kumar & Ors. Etc. (141.4 KiB, 6,125 hits)

 Sec. 10

  SC judgement dated 13.12.2012 - Bihar Public Service Commission Vs. Saiyed Hussain Abbas Rizwi & Anr. (231.2 KiB, 1,328 hits)

Sec. 11

  SC Judgement dated 20.02.2018 - Union Public Service Commission, etc. Vs. Angesh Kumar & Ors. Etc. (141.4 KiB, 6,125 hits)

  SC Judgment dated 16.04.2013 - R.K. Jain Vs. Union of India & Anr. (325.2 KiB, 3,555 hits)

 Sec. 20
— “Ordering withdrawal of the departmental action, if any, initiated against the PIO, the Hon’ble Supreme Court directed the State Information Commission to decide the appeal filed by the PIO before it on merits and in accordance with law.”

  SC Judgment dated 13.12.2012 - Manohar s/o Manikrao Anchule Vs. State of Maharashtra & Anr (251.1 KiB, 1,585 hits)

——————————————
Cooperative Societies not covered under the RTI Act

  SC Judgment dated 07.10.2013 - Thalappan Ser. Coop. Bank Ltd. and others Vs. State of Kerala and others (324.2 KiB, 6,125 hits)

Differently-Abled
SC: “Additionally, we think it appropriate to ask the authorities to explore any kind of advanced technology that has developed in the meantime so that other methods can be introduced. We are absolutely sure that if the petitioner would point out, the cognizance of the same shall be taken. We are also certain that the authority shall, with all sincerity and concern, explore further possibilities with the available on-line application/mechanism.”

  SC Judgment dated 27.09.2018 – Aseer Jamal Vs. Union of India & Ors. (258.7 KiB, 2,025 hits)

Doctrine of Precedence

  SC Judgment dated 13.09.2012 - Namita Sharma Vs. Union of India (683.3 KiB, 845 hits)


——————————————
Uncategorized

  Supreme Court Judgment dated 02.09.2011 - Institute of Chartered Accountants of India Vs. Shaunak H. Satya & Ors. (198.3 KiB, 790 hits)

  Supreme Court Judgment dated 09.08.2011 - CBSE & Another Vs. Aditya Bandopadhyay & Ors. (264.4 KiB, 1,001 hits)

  Supreme Court Judgment dated 18.04.2011 - P.C. Wadhwa Vs Central Information Commission and Ors. (26.2 KiB, 792 hits)

II. HIGH COURT JUDGEMENTS

 

Section 2(f) * Section 2(h) * Section 3 * Section 4(1)(b) * Section 6(2) * Section 7(9) * Section 8(1)(e) * Section 8(1)(j) * Section 18 * Sections 18 & 19 * Section 19(8)(a)(iv) * Section 20 * Section 22 * Section 24(1)

 

Section 2(f)

  Delhi HC Judgement 23.08.2017 - CPIO, Intelligence Bureau Vs. Sanjiv Chaturvedi (448.0 KiB, 1,023 hits)

Para 26 of Madras High Court Judgment dated 17.09.2014
“26. Insofar as query (iv) is concerned, we fail to understand as to how the second respondent is entitled to justify his claim for seeking the copies of his own complaints and appeals. It is needless to say that they are not the information available within the knowledge of the petitioner; on the other hand, admittedly, they are the documents of the second respondent himself, and therefore, if he does not have copies of the same, he has to blame himself and he cannot seek those details as a matter of right, thinking that the High Court will preserve his frivolous applications as treasures/valuable assets. Further, those documents cannot be brought under the definition “information” as defined under Section 2(f) of the RTI Act. Therefore, we reject the contention of the second respondent in this aspect.”

  Madras High Court Judgement dated 17.09.2014 - PIO-Registrar (Admn.), High Court, Madras Vs. Central Information Commission, New Delhi & another (34.4 KiB, 11,396 hits)

Section 2(h)
—  Cooperative Banks/Societies within the ambit of RTI Act

  Bombay HC Judgment dated 13.02.2017 - Jalgaon Jillha Urban Cooperative Banks Association Ltd., Jalgaon Vs. The State of Maharashtra & Others (261.6 KiB, 3,110 hits)

— 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 (487.4 KiB, 11,655 hits)

Section 3

  Punjab & Haryana High Court Judgement dated 02.11.2012 - Fruit & Merchant Union Vs. Chief Information Commissioner and others (158.6 KiB, 5,779 hits)

Section 4(1)(b) 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.”

  Delhi HC Judgement dated 04.12.2014 - The Registrar, Supreme Court of India Vs. Commodore Lokesh K. Batra and Ors. (474.0 KiB, 14,041 hits)

Section 6(2)

  Calcutta High Court Judgement dated 20.11.2013 - Mr. Avishek Goenka Vs. Union of India (50.5 KiB, 1,626 hits)

Section 7(9)

  Delhi HC Judgement dated 04.12.2014 - The Registrar, Supreme Court of India Vs. Commodore Lokesh K. Batra and Ors. (474.0 KiB, 14,041 hits)

Section 8 
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] 

  Delhi HC Judgment dated 16.01.2019 - Ehtisham Qutubuddin Siddique v. CPIO Intelligence Bureau (370.6 KiB, 2,489 hits)

Section 8(1)(e) 
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.”

  Delhi HC Judgement dated 12.02.2018 - Paras Nath Singh Vs. Union of India (266.0 KiB, 6,183 hits)

—————————

  Delhi High Court Judgement dated 08.11.2013 - UPSC Vs. Pinki Ganeriwal (167.0 KiB, 6,339 hits)

  Delhi High Court Judgment dated 09.11.2012 - Union of India & Ors. Vs. V.K. Shad and Others (40.3 KiB, 908 hits)

Section 8 (1)

  Delhi HC Judgment dated 07.09.2017 - CPIO, CBI Vs. CJ Karira (176.3 KiB, 2,491 hits)

 Section 8(1)(j)

  Delhi High Court Judgement dated 08.11.2013 - UPSC Vs. Pinki Ganeriwal (167.0 KiB, 6,339 hits)

  Delhi High Court Judgement dated 31.10.2013 - Union of India Vs. Anita Singh (197.8 KiB, 5,897 hits)

 Section 11(1) 
Delhi HC: ” …. 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.”

  Delhi HC Judgement dated 12.02.2018 - Paras Nath Singh Vs. Union of India (266.0 KiB, 6,183 hits)

 Section 18   Hon’ble Delhi High Court has decided: “… it is expected that the Commission henceforth will decide the complaints on merits instead of directing the CPIO to provide the information which the complainant had sought.” 

  Delhi HC Judgement dated 28.10.2013 - J.K. Mittal Vs. Central Information Commission and Anr. (267.2 KiB, 5,444 hits)

Sections 18 & 19

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]

  Delhi HC Judgment dated 10.10.2019 - Govt. of NCT of Delhi & Anr Vs. Krishan Kumar (463.3 KiB, 107 hits)


Section 19(3) 
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] 

  Delhi HC Judgment dated 16.01.2019 - Ehtisham Qutubuddin Siddique v. CPIO Intelligence Bureau (370.6 KiB, 2,489 hits)

Section 19(8)(a)(iv)

  Delhi HC Judgement dated 04.12.2014 - The Registrar, Supreme Court of India Vs. Commodore Lokesh K. Batra and Ors. (474.0 KiB, 14,041 hits)

Section 20

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 (375.0 KiB, 3,742 hits)

Delhi High Court: “8. The response to the various queries “it is an institute matter”, neither answers the queries nor renders an explanation claiming exemption from providing information.
9. Perusal of the impugned order shows that the CIC has not erred in returning a finding that information sought has not been provided to the respondent No.2. No cogent explanation has been rendered for non-supply of the information. Thus, the order of the CIC dated 22.11.2016 cannot be faulted.”

  Delhi HC Judgement dated 24.01.2017 - B.B. Dash Vs. Central Information Commission and Anr. (572.5 KiB, 2,651 hits)

  Delhi High Court Judgement dated 20.02.2014 - Union of India Vs. Praveen Gupta (67.0 KiB, 5,874 hits)

Section 22

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]

  Madras HC Judgment dated 16.10.2019 - The Tamil Nadu Dr. Ambedkar Law University, Chennai Vs. The Tamil Nadu State Information Commission, Chennai (234.3 KiB, 113 hits)

Section 24(1) (of RTI Act) 
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] 

  Delhi HC Judgment dated 16.01.2019 - Ehtisham Qutubuddin Siddique v. CPIO Intelligence Bureau (370.6 KiB, 2,489 hits)

——————— No Absolute Exemption To The CBI From RTI Act

  Delhi HC Judgment dated 07.09.2017 - CPIO, CBI Vs. CJ Karira (176.3 KiB, 2,491 hits)

“5. …….if an information of the nature sought by the respondent is easily available with the Intelligence Bureau, the agency would be well advised in assisting a citizen, by providing such an information, despite the fact that it cannot be accessed as a matter of right under the provisions of Right to Information Act. … It is again made clear that information of this nature cannot be sought as a matter of right and it would be well within the discretion of the Intelligence Bureau whether to supply such information or not………”

  Delhi HC Judgement 23.08.2017 - CPIO, Intelligence Bureau Vs. Sanjiv Chaturvedi (448.0 KiB, 1,023 hits)

  Delhi HC Judgement dated 09.10.2013 - Union of India and Ors. Vs. Adarsh Sharma (272.6 KiB, 3,697 hits)

Uncategorized

  Jharkhand High Court Judgment dated 11.07.2011 - Commissioner (Appeal) of Central Excise and Service Tax, Ranchi Vs Central Information Commission and Anr. (82.8 KiB, 569 hits)

  Bombay High Court judgement dated 11.10.2010 - Board of Management of Bombay Properties of Indian Institute of Science Vs. CIC & Union of India (115.0 KiB, 739 hits)

  Delhi HC Judgement dated 21.05.2010 - Delhi Development Authority Vs. Central Information Commission and Another (394.3 KiB, 4,388 hits)

  Delhi High Court judgement dated 15.4.2010 - National Stock Exchange is a public authority (430.5 KiB, 690 hits)

  Delhi High Court Judgement dated 15.2.2010 - Union of India Vs. Central Information Commission (27.0 KiB, 797 hits)

  Delhi High Court judgement dated 12.1.2010 - Secy. General, Supreme Court of India Vs. S.C. Agarwal (555.4 KiB, 744 hits)

  Delhi High Court judgement dated 16.4.2009 - Union of India (Passport Office) Vs. CIC & Ors (225.4 KiB, 722 hits)

  Bombay High Court Judgement dated 03.04.2008 - WP No.419 of 2007 - Dr. Celsa Pinto, Panaji Vs. Goa State Information Commission (173.8 KiB, 741 hits)

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