RIGHT TO INFORMATION ACT 2005

SUPREME COURT
ON R.T.I.ACT.
Section 2(f),2(i),3,8,9,24

Right to inspect or take certified copies of evaluated answer books.

HELD: The examining bodies are neither security nor intelligence

organizations and therefore the exemption under section 24 not applicable to them.

Central Board of Secondary Education Vs. Aditya Bandopadhyay 2011 (8)SCC 497 ( R.V.Ravindran, A.K.Patnaik. J.J, )

SUPREME COURT
ON R.T.I.ACT.
Section 8(1)(d) & 3
Disclosure of the question papers model answers Instruction No harm to the competitive position of any third party
HELD: The information exempted from disclosure at one point of time may

cease to be exempted at a later point.

Institute of charted Accountants of India vs. Shaunak.H.Satya. 2011 (8)SCC 781 ( R.V.Ravindran, J, A.K.Patnaik.J., )

SUPREME COURT
ON R.T.I.ACT.
Section 4,6 & 20
Public undertakings competing with private sector Tender Bid Duty of fairness, non discrimination and non arbitrariness in dealing and decision making process.
B.S.N.L. Vs. Telephone Cables Ltd. 2010 A.I.R. (S.C.) 2671, S.C.C.213, 2010 (3) ( R.V.Ravindran, K.S.Panikar Radhakrishnan J.J, )

SUPREME COURT
ON R.T.I.ACT.
Section 6 & 2(f)
What information are accessible? Held: Any information which is already in existence and accessible to the public authority under law. No why questions be asked.
Khanapuram Gandaiah Vs. Administrative Officer 2010 A.I.R. (S.C.) 615, 2010 (2) S.C.C. 1 ( K. G. Balakrishnan & B.S.Chauhan J.J, )

KERALA HIGH COURT

ON R.T.I.ACT.
Section 2(f) & (h)
. Co-operative Societies Act, 1969 Kerala . How SPIO can access information even from a Private body? Society is a public authority if it is financed Substantially
Thalapalam Service Co-Operative Bank Vs. Union of India 2009 (3) K.L.T

HIGH COURTS IN INDIA

Punjab and Haryana High Court

ON R.T.I.ACT.

Section 2 (h), (d) (ii) Public Authority Non Govt. Educational Institutions receiving substantial grants. A.I.R .2008 P & H. 101 (D.B)
Section 20 Penalty Delay in furnishing Information imposition of penalty on PIO is

mandatory. AIR 2008 P&H 126 (DB)

HIGH COURTS IN INDIA

ON R.T.I.ACT.
Delhi High Court Section 7 Access to information Entitled to the assistance of a counsel or some other persons to inspect the documents.

AIR 2008 NOC 1139 Delhi

Jharkand Section 11 : Third party Information

Notice to the Third party is mandatory
AIR 2008 Jha 19 (DB)

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Section 2 (i) & 2 (j) Expired or Non Existent Documents need not be provided. Section 2 (f) Information can be supplied only in the form available Need not be created in the form sought by the applicant. Translated version of information at the request shall be given. No information on ongoing police investigation.s.8(i) (g),(h)

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Who can apply? (Section 3) Only citizen can apply Only person in individual capacity can apply MD of a company is not a citizen. Corporate Bodies and Juristic Persons cannot apply Public Authority is not a citizen.

Section 8(1) and 2(j) Report of Departmental Enquiry shall be disclosed

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Language under Section 2 (f) :
Applicant asked for information in Hindi . The CIC directed to provide the requested information in Hindi within

25 days of the issue of its decision. (CIC/WB/A/2006/00117)

Applicant Seeking Opinions of the Authorities :

The PIO is required to provide information which is available in any

form with her office Need not give her personal opinions on the questions asked by the requester. (CIC/MA/A/2006/00150 19 June 2006 )

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Reasons for rejection of requests :
Denial of information without giving any justification or grounds as to how these provisions are applicable not acceptable and clearly amounts to malafide denial of legitimate

information attracting penalties under section 20(1) of the Act. (CIC/Ok/A/2006/00163 of 07.07.2006.)

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Travel Expenses : Disclosure of information cannot be denied on the

ground of this being personal information and not a public activity and serves no public interest, etc. Travel has been performed as a part and in discharge of official duties and expences are met from public accounts and the records related the same are public records and therefore, a citizen has the right to seek disclosure of the same. (63/IC (A)/2006 30 March 2006)

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Citizen under Section 3 :

PIO can decline information

if the applicant applies as a Managing Director of a company and not a

citizen if India . (CIC/OK/A/2006/00121 27 June 2006 )

Address of the Requester :

The Appellant has applied in his own name and has given his address as that of

an NGO for the purpose of correct delivery of post. Merely giving the address of an NGO does not imply that the institution was asking the information. (CIC/OK/A/2006/00050 3 July 2006)

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Period prior to Twenty Years under Section 8 (3) : Section 8 (1) specifies classes of information which are

exempted from disclosure. What section 8 (3) stipulates is that the exemption under section 8 (1) cannot be applied if the information sought related to a period prior to 20 years except those covered in section clauses (a), (c) and (i) of sub-section 8 (1). The information sought is exempt in terms of other subsection (1) of section 8, and if the same relates to a period 20 years prior to the date of application, then the same shall be provided. (37/ICPB/2006 26 June 2006 )

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Form of Access under Section 2 (f) :

If the requested information is not available in electronic form as requested by the requester, it does not have to be created for the appellant. (CIC/MA/A/2006/0002 27 June 2006 )
If the information is not available in the particular form

requested, the citizen may be allowed, if he desires, to inspect the original records at the office and information specifically asked for provided in the form of printouts and photocopies of original documents and records duly certified. ( 10/01/2005-CIC 25 February 2006 )

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Non existent information
Records of the court martial trial were destroyed after a retention period of 10 years under the Army Rule 146. Information did not exist, it was physically impossible to provide it.

There is no liability under the RTIA on a public authority to supply non-existent information. (CIC/AT/A/2006/20 23 March 2006 )

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Compensation under Section 19(8) (b) : For the first time, the CIC in its decision directed the

Central Government Health Scheme, Pune Pay a sum of Rs. 5,000 to the appellant as compensation and refund her the sum of Rs.60 paid by her as fee for non-application of mind by both the PIO and AA Decision number 30/ICPB/2006,

CENTRAL INFORMATION COMMISSION INDIA : Decisions

Disciplinary Action under Section 20(2) : The CIC recommended disciplinary action against an

appellate officer. The appellate authority is not covered under the penal provisions of the Act. But in this case, he clearly failed to uphold the Act in the public interest. It was observed that this decision may be sent to public authority to consider disciplinary action under their service rules. CIC/EB/C/2006/00040-24 April 2006