Академический Документы
Профессиональный Документы
Культура Документы
Date of hearing
4 January 2012
Date of decision'
4 January 2012
2.
The Complainant was present in the Mumbai studio of the NIC. The
The Complainant had wanted to know about the reasons for the
CIC/WB/C/2010/000131 -SM
that he should be provided with the relevant documents from the High Court
which would show the basis of framing of such rules. He has listed a number
of rules in this regard , namely, Rule 4(1 ), the requirement of furnishing a
self attested photograph i n the prescribed application form, Rule 5(1) and
Rule 10(1) & (2) which, in his opinion, are c<mtrary, to the provisions of the
Right to Information (RTI) Act.
5.
also perused t he relevant rules from the Rajasthan RTI Rules, 2006. We find
a lot of merit in the arguments of the Complainant. All the rules he has
cited in his RTI application are not i n conf ormi ty with t he provisions of t he
.
'
Right t o Information (RTI) Act. For example, Section 6(2) of the Right t o
Information (RTI) Act very clearly states that "an applicant making request
for information shall not be required to give any reason for requesting the
information or any other person al details except t hose t hat may be
necessary for contacting him". This clearly implies that the applicant wHl
not be asked to give any more details about himself than his contact address .
whereas the application form prescribed under Rule 4 of the Rajasthan RTI
..
In the light of the above , we think that there is scope for the
Rajasthan High Court to revisi t these rules and to bring those in conformity
with the express provisions of the Right to Information (RTI) Act. We direct
CIC/WB/C/2010/000131-SM
(f(;:~,:-~
'~Q\
U
'::>:/
.,..
\
-~
i I .~
,'f,: ~ k
( l ~, t, \ '
:::l
'\~ ~~~:~:<i;~~
,,~~.-~!:~~-:(~ ~''
notings from the file in which t he Rajasthan Right to Information (High Court
and Subordinate Courts) Rules, 2006 had been processed for notification
with a view to showing to the Complainant the rationale and the basis for
framing of all or some of these rules.
,
7.
8.
)0\~
(Satyananda Mishra)
Chief Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges prescribed under the Act to the
CPIO of this Commission.
~
(Vijay Bhalla)
Deputy Registrar
CIC/WB/C/2010/000131-SM