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RTI NEWS
Serial RTI applicant warned for misuse of Information Act
PIO fails to attend hearing, State Information Commission coughs up Rs 10,000 requital
RTI info denied, Rs 50,000 fine on F’bad MC official
RTI: CIC Decisions regarding exemption from diclosure of information, transfer of RTI application, compensation to the complainant, etc.
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- 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. - CIC Decision dated 05.09.2028 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]
- CIC 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] - 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]>>> Selected Decisions of Central Information Commission (CIC)
Differently-Abled Not To Be Deprived Of Benefits Of RTI Act: SC Directs Authorities To Explore Advanced Technology To Make Information Accessible To Them
Sep 30, 2018 : Dtf.in
Hon’ble Supreme Court, in its judgment dated 27.09.2018, has ruled as under:-
“… …. we are disposed to think that no further direction needs to be issued except granting liberty to the petitioner to submit a representation to the competent authority pointing out any other mode(s) available for getting information under the Act. If such a representation is submitted, the same shall be dealt not only with sympathy but also with concern and empathy. We say so as differently abled persons, which include visually impaired persons, should have the functional facility to receive such information as permissible under the Act. They should not be deprived of the benefit of such a utility. As indicated in the beginning, the information makes one empowered. 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.”
To see copy of SC Judgment dated 27.09.2018, please click here. >>> RTI – Court Judgements
Serial RTI applicant warned for misuse of Information Act
Sep 11, 2018
Times of India
Read more at: https://timesofindia.indiatimes.com/india/serial-rti-applicant-warned-for-misuse-of-information-act/articleshow/65761329.cms?utm_source=facebook.com&utm_medium=social&utm_campaign=TOIDesktop
PIO fails to attend hearing, State Information Commission coughs up Rs 10,000 requital
Dnaindia.com
Sep 10, 2018
The State Information Commission (SIC) has awarded a compensation of Rs 10,000 to an applicant after a Public Information Officer (PIO) repeatedly failed to attend the hearing. …
RTI info denied, Rs 50,000 fine on F’bad MC official
Tribuneindia.com
September 9, 2018
The State Information Commission has imposed a penalty of Rs50,000 on an Assistant Engineer of the Municipal Corporation, Faridabad (MCF), for not replying to two applications submitted under the RTI Act. …
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RTI: CIC Decisions regarding exemption from diclosure of information, transfer of RTI application, compensation to the complainant, etc.
Aug 20, 2018 : Dtf.in
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: “… … 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]
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]
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