Right to Information Act

2005
an overview

1
Right to Information Act, 2005
• Provides a legal framework of citizens’
democratic right to access to
information under the control of
public authorities;
• To promote transparency and
accountability in the functioning of
every public authority

2
 COVERAGE
• Came into effect from 12 October, 2005.


• Covers central, state and local governments,

all bodies owned, controlled or
substantially financed by government;


• Non-government organization substantially

financed, directly or indirectly by funds
provided by the appropriate Govt.


• 3
 COVERAGE(continued)

§ Covers the executive, judiciary

and legislature


§ Includes information relating to

any private body which can be
accessed by a public authority
under any other law for the
time being in force.

4
 INFORMATION
• Means any material in any form,
including records, documents,
memos, e-mails, opinions, advice,
press releases, circulars, orders,
logbooks, contracts, reports, papers,
samples, models, data material held
in any electronic form.

5
 RECORD
Record includes –


• Any document, manuscript and file;



• Any microfilm, microfiche and facsimile copy

of a document;


• Any reproduction of image or images;

embodies in such microfilm (whether
enlarged or not; and


• Any other material produced by a computer

or any other device.

6
 Change in Scenario

• Records Management
 - In earlier times, it was Storage Driven.
- In new environment, now it is Retrieval Driven
§
§ Flow of Information
- Earlier flow of communication was inward (to
Superiors only).
- Now it is Outward (to all the Citizens)


7
 Change in Scenario


• Regime
 - Earlier for information, there was a Restrictive
Regime.
- Now it is time for suo motu disclosures.
§ Arbitrariness
- Earlier, there was greater scope for
arbitrariness in decision making.
- RTI Act, is intended to bring about more
transparent and ethical decisions making.


8
 So RTI will lead to:-
• Improve Records Management
•
• Computerization
•
• Put more information suo motu in the Public
Domain
•
• Facilitating easy and relatively safe access
for public
•
• Awareness about the utility of whistle
blowers
9

 So RTI will lead to:-
• Improve Decision Making process


• Critically examine the existing operating

procedures including channels of
supervision and accountability


• Develop standards of performance/norms



• Review operating Manuals



• Set up Documentation/Learning Resource

Centers
•
10
Exemptions (for easy reference)

 Section 8(1)(a) National Security

 (b) Contempt of Court
 (c) Parliamentary Privilege
 (d) Trade Secrecy
 (e) Fiduciary relationship
 (f) Foreign government
 (g) Safety of informer in law enforcement
 (h) Investigation
 (i) Cabinet papers
 (j) Privacy

 Section 9 Copy right
•
11
 Communicating Rejection

 PIO may reject a request for information

where such a request for providing
access would involve an infringement of
copyright subsisting in a person other
than the State.
 Section.9
•

12
 Communicating Rejection

 Where a request has been rejected, the

PIO shall communicate to the requester
–
 The reason for such rejection;
 The period within which an appeal against
such rejection may be preferred; and
 The particulars of the appellate authority.


• Section.7(8)
13

Scoping: Adjustment of the Form

 An information shall be ordinarily provided

in the form in which it is sought unless it
would disproportionately divert the
resources of the public authority or
would be detrimental to the safety or
preservation of the record in question.
• Sec.7(9)

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Severability (Partial Disclosure)
 Access may be provided to a part of the
record which does not contain any
information which does not contain any
information which is exempt from
disclosure under this Act and which can
reasonably be severed from any part
that contains exempt information.
 Sec.10(1)

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Severability (Partial Disclosure)
 ……….partial disclosure
 The PIO shall give a notice to the
applicant informing reasons for partial
disclosure, fees, appellate authority
details.

 sec.10(2)
•

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 Third Party Information

 Where the PIO intends to disclose any

information, which relates to or has been
supplied by a third party and has been
treated as confidential by that third
party…………
•
 sec.11
•

17
 Third Party Information

 ………the PIO shall, within five days from

the receipt of the request give a written
notice to such third party and invite the
third party to make a submission in
writing or orally, and such submission
shall be kept in view while taking a
decision.
•
 sec.11
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 Exemptions
 Except in the case of trade or commercial
secrets protected by law, disclosure may
be allowed if the public interest in
disclosure outweighs in importance any
possible harm or injury to the interests of
such third party.
•
 Proviso to s.11(1)

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 Third Party

 The third party shall, within ten days from

the date of receipt of such notice, be
given the opportunity to make
representation against the proposed
disclosure.
 sec.11(2)
•

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 Third Party

 The PIO shall, within 40 days after receipt

of the request, make a decision and give
in writing the notice of his decision to the
third party.
•
 The third party to whom the notice is given
is entitled to prefer an appeal.
 s.11(3) & (4)
•
21
 Who has the burden of proof?
q Under Sec.6(2) of the RTI Act citizen need not give reason for
seeking Information
q
q Under Sec. 19(5) of the RTI Act onus of justifying denial of access is
on the PIO
•
 So PIO may make a decision after considering all public interest
involved.
•
 It helps if citizen shows the public interest in disclosure – no bar on
citizen volunteering arguments based on public interest.
•
 PIO should give these arguments due consideration…..
•
22
 Fiduciary relationship
q It is a special kind of unequal relationship based
on trust where one party is legally empowered
to look after the best interests of another
party.
Examples –

 Board of a company and its shareholders

 Investors in mutual fund companies and fund
managers
 Attorney and client/doctor and patient
 Banker and customer.
 Trustees and beneficiaries of a trust
 Legal guardians an their wards 23
 Fiduciary relationship
 Fiduciary is obliged to act in the best interests of
the beneficiary
 Information obtained in fiduciary relationship is
confidential – privileged communication
 But
 All confidential information/privileged
communication is not obtained in fiduciary
capacity
•
 The strongest and most obvious fiduciary
relationship in society exists between

Government and citizens 24
 DOCUMENTS OF GENERAL
PUBLIC INTEREST
 DOCUMENTS RELATING TO THE GOVERNEMENT’S
PROCUREMENT OF GOODS AND SERVICES
 GOVERNMENT LOANS, GRANTS AND AWARDS
 EXPENSES OF GOVERNMENT OFFICIALS
 EXPENDITURE ON WORKS AND SERVICES
 INTERNAL GUIDELINES, POLICIES AND PRACTICES
 FUNCTIONS, TARGETS, ACHIEVEMENTS
 AUDIT REPORTS
 DOCUMENTS RELATING TO PERSONAL MATTERS

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 APPEALS
• First appeal with senior in the Department.


• Second appeal with Information Commission.



• Envisages an independent Information

Commission at the central and state level
to be an appellate authority and to oversee
the functioning of the act. Has various
powers under the act.


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 PENALTIES
• Penalties imposable by Information
Commission on PIO or officer asked to
assist PIO


 -for illegitimate refusal to accept application,

malafide denial, knowingly providing false
information, etc fine up to Rs. 25,000;


 -recommendation for departmental action for

persistent or serious violations.


• Immunity for actions done in good faith.

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 CASE LAW
DISCLOSABLE INFORMATION
¬CRITERIA, NORMS AND GUIDELINES FOR
PROMOTION- Arun Kumar case decision dt.20.4.06
¬THRESHOLD MARKS FIXED BY THE BOARD
FOR PROMOTION-Akhila Anand case decsion dt.24.04.06
¬MARKS AWARDED BY COMMITTEE
MEMBERS-Vijender Singh case decision dt.4.4.07
¬PROPERTY RETURNS
¬ACRS
¬ASSESSMENT REPORTS/ACRs
¬DPC PROCEEDINGS
¬ 28
 CASE LAW (Contd.)
DISCLOSABLE INFORMATION
¬LEAVE ACCOUNT
¬RECOMMENDATION OF SEARCH
COMMITTEE FOR APPOINTMENT
(U.C. Lavania case decision dt.17.5.06)

¬FILE NOTING [Satyapal case decision dt.31.1.06]

¬PROCEEDINGS OF THE SUGGESTION

COMMITTEE AND INCENTIVES CAL-
CULATIONS THEREUNDER[K.B. Singh case dt.2.5.06]

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 CASE LAW (Contd.)
DISCLOSABLE INFORMATION

• GROUNDS OF RE-EMPLOYMENTS AND

GUIDELINES FOR RE-EMPLOYMENT- Vijay
Goswami case decision dt.2.5.06

• INVESTIGATION REPORT AFTER ACTION

IS COMPLETE IN EVERY RESPECT-P.S.
Pattabiraman case decision dt.2.11.06

• PROCEEDINGS OF THE GRIEVANCE

REDRESSED AND SETTLEMENT OF
DISPUTES COMMITTEE
 30
 CASE LAW (Contd.)
DISCLOSABLE INFORMATION
• COPY OF THE PRELIMINARY (FACT FINDING)
ENQUIRY REPORT AFTER APPLYING
SEVERABLITY REQUIRED
• TOUR PORGRAMME AND TRAVEL EXPENSES-
Dinesh Berry case decision dt.6.3.06

• LTC CLAIM DETAILS EXCEPT PERSONAL

DETAILS
• INFO RELATING TO DONATIONS ETC.-Kishur J. Agarwal
case decision dt.7.4.06

• DETAILS OF EXPENDITURE ON TRANSPORT Kishur

J. Agarwal case decision dt.7.4.06

• SALARY DRAWN BY EMPLOYEESKishur J. Agarwal case

decision dt.7.4.06

• INCOME TAX ASSESSMENT ORDERS-Farida Hoosenally case

decision dt.30.3.06

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 CASE LAW (Contd.)
DISCLOSABLE INFORMATION
¬CABINET NOTE FOR ACC AFTER THE
MATTER IS COMPLETE- Anil Kumar case decision dt.3.7.06
¬CBI REPORTS/CVC REPORTS ON
COMPLETION / FILING OF CHARGE
SHEET-S. Malik case decision dt.4.7.06
¬DETAILS OF POSTINGS / COMPLAINTS
RECEIVED/VIGILANCE ENQUIRY SET UP/
DEs AND FINDINGS THEREOF/ STRICTU-
RES BY COURTS IN RESPECT OF
SPECIFIC OFFICERS- Raj Kumar case decision dt.10.7.06
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 CASE LAW (Contd.)
DISCLOSABLE INFORMATION

¬EMPANELMENT/PICKING UP FOR
APPOINTMENTS- R.K. Potdar case decision dt.19.2.07
¬DETAILS OF CARS USED AND OTHER
FACILITIES – H.J. Mahatre case decision dt.14.7.06
¬ALLOTMENTS/ LICENCES
¬MERIT LISTS
¬STATUS OF CLAIMS
¬WORK ORDERS, SCHEDULED OF WORKS,
MEASUREMENT BOOKS, ETC.
¬ 33
 CASE LAW
NOT DISCLOSABLE INFORMATION
(EXEMPTED)
¬PERSONAL DETAILS, INCOME, PAN,
SOURCES OF FUNDS, PARTNERSHIP
DETAILS-Dhiraj Manilal Thakkar case decision dt.25.1.07
¬MARKS AWARDED BY INDIVIDUAL PANEL
EXPERTS UNDER DIFFERENT
PARAMETERS- Manish Dnyaneshwar Thool case decision dt.20.4.06

34
 CASE LAW
NOT DISCLOSABLE INFORMATION
(EXEMPTED)
¬DETAILS OF THE BANK ACCOUNTS
¬ANSWER SHEETS- Treesa Irish case decision dt.6.2.06
¬INFORMATION RELATING TO PENSIONERS- R.K. Jain
case decision dt. 10.5.06
¬DPC PROCEEDINGS- Ranju Prasad case decision
dt.9.10.06
¬LEGAL ADVISE
¬ FAMILY DETAILS, GPF/CGEISNOMINATIONS
¬MEDICAL REPORT- Bhagwan Chand Saxena case decision
dt. 3.4.06
¬
35
 CASE LAW
NOT DISCLOSABLE INFORMATION
(EXEMPTED)
(Contd.)

• Frivolous queries that are prefixed with

wholly unsubstantiated adjective such as
“fake”.
• Queries asking for an explanation from
the Authority
•
36
 MISCELLANEOUS
¬QUESTIONS/QUERRIES ABOUT THE
NATURE AND QUALITY OF ACTIONS –
WHY, WHAT, WHEN AND WHETHER
¬If the answer to ‘why’ is available on file, then it
is subject of RTI
¬CONTESTING ACTIONS OF THE
DEPARTMENT
¬FUTURE COURSE OF ACTION
¬PRESCRIBING REMEDY FOR THE
GRIEVANCE
37
 MISCELLANEOUS
(Contd.)
INFORMATION FOR PERSONAL
INTEREST-BARRED

CIC in its decision dated 14.6.07 in case of Dr.

K.C.Vijaykumaran Nair has clarified the
position that under the R.T.I. the employees are
not expected to question the decisions of the
superior officers in the garb of seeking
information.

38
 (Contd.)
MISCELLANEOUS
IMPORTANT CIC’s OBSERVATION
CIC in one of the case of ICAR dt. 22.1.2008 has noted that
wherever a public authority attempts to discipline an
employee, such employee promptly files multiple RTI-
applications aimed at extracting personal information of those
charged with taking decision in such disciplinary matters.
Since the replies under the RTI Act are to be made in a time-
bound manner, quite frequently such enquiries create wholly
unnecessary and avoidable pressures on offices of the public
authority. There should be nothing surprising if such actions
distract that authority from its ordained functions. The
Commission will take strict note of the proclivities of
employees of public authorities whole attempt to use RTI Act
to settle personal scores

39
 MISCELLANEOUS
(Contd.)

¬SECTION 6(3) NOT APPLICABLE FOR

DIFFERENT DEPARTMENTS IN THE SAME
PUBLIC AUTHORITY
¬APPEAL BY CPIO AGAINST OWN
APPELLATE AUTHORITY NOT TENABLE
¬INFORMATION TO BE SUPPLIED FREE OF
CHARGE AFTER THE EXPIRY OF THE
STIPULATED TIME
¬DEEMED CPIO LIABLE FOR CONSEQU –
ENCES – section 5 (5)
40
 MISCELLANEOUS (Contd.)
¬One RTI application may contain a question
with several clarificatory or supporting
questions- Rajendra Singh vs CBI case dt. 19.06.2009
¬INFORMATION DESTROYED AS PER RETENTION
SCHEDULES IS NON-EXISTENT
¬REASONS FOR DECISIONS TO BE SPECIFICALLY
RECORDED
¬FRESH ISSUES NOT ADMISSIBLE AT APPELLATE
LEVEL
¬CPIO HAS TO PROVIDE INFORMATION NOT
OPINION
¬
41
 MISCELLANEOUS (Contd.)
¬COST OF WAGES OF MANPOWER NOT TO
BE COMPUTED FOR REMITTANCE BY
APPLICANT
¬ALL INFORMATIONS MORE THAN 20
YEARS DISCLOSABLE EXCEPT UNDER
CLAUSES a, c & i OF SUB-SECTION 8(1)
¬PROVISIONS OF THIRD PARTY AND
EXEMPTIONS OF PERSONAL
INFORMATION MAY BE WAIVED ON
ACCOUNT OF PUBLIC INTEREST

42
 MISCELLANEOUS
(Contd.)
¬CPIOs TO SIGN REPLY- M.L. Meena case decision dt.3.7.06
¬APPELLATE AUTHROITY DECISIONS TO
BEAR HIS SIGNATURES M.L. Meena case decision dt.3.7.06
¬UNTRACEABILITY OF INFORMATION IS
ACCEPTABLE WHERE DILIGENT
SEARCH TO TRACE IS EVIDENT
¬INFORMATION TO BE COLLECTED FROM
MANY SOURCES/ KEEP THE APPLICANT
INFORMED AND BUILT AIR OF
CONFIDENCE ABOUT DELAY
¬ 43
 MISCELLANEOUS
(Contd.)
¬PERIOD OF DEFAULT FOR PENALTY NOT
DETERMINED MECHANICALLY
¬INFORMATIONS SOUGHT SHOULD BE
RELATED TO FUNCTIONING OF PUBLIC
AUTHORITY- Gaurav Kisan case decision dt.10.7.06
¬RESPONSES TO REQUEST SHOULD BE
FORMULATED ON EACH SPECIFIC
QUERRY
¬CASE BEING SUB-JUDICE IS NOT
SPECIFIED GROUND FOR EXEMPTION-
Keshav Kumar Bhardwaj case decision dt.14.7.06

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Partial disclosure of information
• Section 10 of the RTI Act provides where a
request for access to information is rejected
on the ground that it is in relation to
information which is exempt from disclosure,
then, notwithstanding anything contained in
this Act, Access may be provided to that part
of the record which does not contain any
information which is exempt from disclosure
under this Act and which can reasonably be
severed from any part that contains exempt
information.
45
 Jurisdiction of Courts
• As per Section 23 of the RTI Act, no court shall
entertain any suit, application or other
proceeding in respect of any order made
under this Act and no such order shall be
called in question otherwise than by way of an
appeal under this Act.
• However, as per the Constitution of India, the
Supreme Court and the High Courts have the
writ jurisdiction to look into the matters relating
to the fundamental rights of the citizens.

46
THANKS

Sanjay
Gupta 47