LATEST DECISIONS OF CIC The ultimate goal of the implementation of the Right to Information Act (RTI) is to improve the transparency in the activities of the Government through their Public Authorities. Thus it is very much essential to know about this Act and updates frequently which is required for both information seeker and information provider. Section 26 of RTI Act expects Government to educate and train to Public and Public Authorities with the available resources. This article is presented to fulfill such expectations.
The best way of understanding various sections of the RTI Act is to read the decisions of Central Information Commission (CIC). More than thousand hearings were conducted at an average in a month and the decisions arrived therein were published in the official website of CIC. All such decisions are available in www.cic.gov.in. Out of 1011 decisions published by CIC from 1st July to 8th Aug 2008, gist of the decisions is reproduced for the use of Public Authorities as well as Public for the effective implementation of the RTI Act. Section 2(f) Information not maintained: ......As the information asked for are not maintained by the respondent and that the desired information cannot be obtained u/s of the Act [1st August,2008] Views and opinion: .....Under Section 2(f) of the Act, an information seeker should ask for information, which are available in any material form. He is not expected to elicit views and opinion of the CPIO through various forms of questions. [5th August, 2008] Section 4 (1) (a) (x) Salary of an employee: ..... every public authority u/s 4 (1) (a) (x) of the Act, is expected to disclose `the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations'. Accordingly, the CPIO is directed to provide the monthly salary received by the employee [5th August, 2008] Section 4(1)(ix) and (x) Husband's information by wife: The appellant has asked for information relating to her husband, who has not been cooperating with her for complying with the orders of the Court. As she is an affected person, ...... Under Section 4(1) (ix) and (x) of the Act, a public authority is required to disclose the following information: A directory of its officers and employees; The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations. Accordingly, the CPIO is directed to disclose the above information in respect of the appellant's husband. As pleaded by the appellant, the CPIO would also provide the relevant portion of the documents, wherein the details of marital status is mentioned. [5th August, 2008] Section 7(1) and (3) Calculation of the 30 days: .....the request for further fees has indeed been made on 16.4.07 even though it may have reached appellant by 20.4.07. Therefore, the days from 16.4.07 to 23.4.07, when the fee was actually paid, are excluded u/s 7(3) sub-section (a) from calculation of the 30 days time limit referred to u/s 7(1). Section 8(1)(e) and 8(1) (g) Witnesses in a criminal enquiry : .....The statements made by witnesses in a criminal enquiry cannot be deemed fiduciary even though they can be accepted as confidential. Sec.8(1) subsection (e) therefore, will not apply. However, in so far as application of sec. 8(1) (g) is concerned, only such information is exempted from disclosure "which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes". [7th August, 2008] Section 8(1)(h) Inspection reports: .....the PIO refused to provide copies of inspection reports regarding Children Homes, u/s 8(1)(h) of the Act. The denial of inspection reports in respect of the functioning of Children Homes, u/s 8(1)(h) of the Act, is untenable, as the citizens have every right to know the manner in which such Homes, as above, are managed by the competent authorities. The PIO is, therefore, directed to provide copies of the inspection reports. [7th August, 2008] Section 8(1) (j) Educational certificates: .....The copies of educational certificates has no relationship with any activity as might be undertaken by the respondent. The appellant has not mentioned as to what is the public interest in disclosure of documents submitted by an employee. Therefore, denial of information u/s 8(1) (j) of the Act is justified on the ground that the information has no relationship with the activity of the respondent. [5th August, 2008] Personal and official details: .... The appellant has not indicated as to what is the public interest in seeking personal and official details of an employee of the respondent. The denial of information u/s 8(1) (j) of the Act is, therefore, justified. [5th August, 2008] List of beneficiaries ..... the complainant sought for a list of beneficiaries who were given compensation in respect of ............... Village affected by tsunami, together with the documents submitted by them. The CPIO declined to furnish the information in terms of Section 8(1)(j) of the Act. In the larger public interest, the names of beneficiaries of any assistance given by the Government should be made available to an information seeker. Accordingly, the CPIO will furnish the names of all the beneficiaries to whom compensation was given. However, there is no need to give the documents furnished by these beneficiaries. [7th August, 2008] General : Hand-written application: .....An examination of the hand-written application submitted by the appellant shows that it is indeed difficult to identify as to what information was required. The CPIO is, therefore, justified in asking for a neatly hand-written or typed copy of application for information.[ 1st August, 2008] Medical bills: ....The appellant had inspected the records relating to reimbursement of his medical bills. Upon inspection, he identified the relevant portion of note sheet and asked for a copy of the same, which has not been furnished to him so far...... The CPIO is directed to provide the information asked for by the appellant. [ 6th August, 2008] Redressal of grievances: ....The issue raised by the appellant in his application for information pertains to the business related disputes between the parties. As there are no provisions under the Act, for redressal of grievances of the customers of the respondent, the appellant is advised to seek legal remedy in the matter on the basis of the information furnished to him by the respondent. [7th August, 2008] Working in a public authority: ....Any citizen is entitled to know whether some person is working in a public authority but shall not be entitled to the personal information relating to the said person. [6th August 2008] Enquiry report: .... he has asked for a copy of the enquiry report conducted by the respondent. As agreed by the CPIO, he would provide a copy of the investigation report on the basis of which the respondent concluded that the complaint was baseless. A copy of investigation report should be furnished [8th August, 2008]. The readers are advised to read the full text of the decisions for better understanding of such sections of the Act. To obtain full text of the above decisions, send email to [EMAIL PROTECTED]  Note : This article is published in the Daily Telegram - a largest circulated daily news paper in Andaman. Compiled by [T N Krishnamoorthi,Andaman Mob: 9434289673]
