Ministry of External Affairs

RTI Cell

By: Bhupendra Nikhurpa

US(RTI)
 RTI and Fundamental Rights
●
Flows from two Fundamental Rights enshrined in the
Constitution i. e.
✓
Article 19: Freedom of speech and expression
✓
Article 21: Right to life and personal liberty

Unique legislation that puts a common man in the
same footing as that of an MP, MLA or any other
member within the authority to seek accountability and
appropriation of the functioning of the Government
 Inception & Institutional design
●
RTI Act, assented by the President on 15th June,
2005, came into for w.e.f. 12th October, 2005.
●
Public Information Officers (PIOs) in each
department/agency (PA) to receive requests and
provide information (Sec.5).
●
An independent Information Commission as the apex
appellate authority at the Central and State level to
oversee the functioning of the act (Sec 12 & 15)
 What does information mean​
“Information” [Section 2(f)] means any material in
any form, including records, documents, memos, e-
mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples,
models, data material held in any electronic form
and information relating to any private body which
can be accessed by a public authority under any
other law for the time being in force;
 What is record?
Record [Section 2(i)] means
●
(a) any document, manuscript and file;
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(b) any microfilm, microfiche and facsimile copy of
a document;
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(c) any reproduction of image or images embodied
in such microfilm (whether enlarged or not);
●
(d) any other material produced by a computer or
any other device;
 Right to information means
Right to information [2(j)] means right to:
●
(i) inspection of work, documents, records;
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(ii) taking notes, extracts or certified copies of
documents or records;
●
(iii) taking certified samples of material;
●
(iv) obtaining information in the form of
diskettes, floppies, tapes, video cassettes or in
any other electronic mode or through printouts
where such information is stored in a
computer or in any other device;
 Important Sections
●
Section 3: All citizens shall have the right to
information (Universal Access)
Note: Only Indian citizen can seek information under
this Act. OCI card holders are not entitled to seek
information.
●
In case of doubt of nationality of any applicant,
CPIO, in rarest of rare cases, can ask to provide copy
of passport or voter ID to establish citizenship.
 Section 4: Proactive disclosure
●
Obligations and proactive disclosures by public
authorities (Suo-Motu Disclosure for greater
transparent and obviating need to make a request).
●
By providing maximum information in website of
Public authority, intake of RTI applications will be
reduced.
●
Transparency Audit of Third party is conducted by
CIC.
 Section 5: Designation of Public
Information Officers

●
Every Public Authority (PA) shall designate as many
officers as the Central Public Information Officers.
●
CPIO will render reasonable assistance to the
applicant.
●
CPIO should courteous to applicant
 Section 6 (1): Request for
information

●
Request for obtaining information. (Simple Process
and even PIO to help and reduce oral requests into
writing).
●
Applicant can make a request in writing or through
electronic means in English or Hindi or in the
official language of the area in which the application
is being made, [Language of application]
 Section 6 (3): Transfer of request
●
If requested information is with another Public
Authority, PIOs to transfer request within 5 days of
receipt of application.
 Section 7:Disposal of requests
(Time Limits)
●
CPIO will provide information
●
Within 30 days of the receipt of the requests [7(1)]
●
Within 48 hours, where the information sought
for concerns the life or liberty of a person [7(2)]
●
Provide additional information on payment of
further fee [7(3)]
●
If CPIO rejects the request for information, reasons
must be stated , referring relevant sections [7(8)(i)]
●
Time limit for appeal, details of AA also to be
informed [7(8)(ii)(iii)]

Note: if the decision on the request is not given in

time, the request to be deemed to have been refused
by the CPIO [7(2)]
●
If the PIO fails to furnish the information with in
stipulated time the same shall be provided free of
charge [7(6)]
●
An information shall ordinary be provided in the
form in which it is sought unless it would
disproportionately divert the resources of the public
authority or would detrimental to the safety or
preservation of the record in question. [7(9)]
 Section 8(1) : Exemption from
disclosure
●
sovereignty and integrity of India [8(1)(a)]
●
Security, scientific , strategic and economic interests
of the State [8(1)(a)]
●
Relation with foreign State [8(1)(a)]
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Lead to incitement of an offence [8(1)(a)]
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Expressly forbidden by court of law [8(1)(b)]
●
Parliamentary and Legislative privileges [8(1)(c)]
●
Commercial confidence & Trade Secrets [8(1)(d)]
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Information available in fiduciary relationship
[8(1)(e)]
●
Information received in confidence from foreign
Government [8(1)(f)]
●
Information which endanger life /physical safety
[8(1)(g)]
●
which impede the process of Investigations and
prosecutions [8(1)(h)]
●
Cabinet matters [8(1)(i)]
●
Privacy of individuals [8(1)(j)]
 Section 8(3):
Time Period for Exemptions
●
information relating to any occurrence, event or
matter which has taken place, occurred or happened
twenty years before the date on which any request
is made under Section 6, be provided to any person
●
except those covered by the provisions of clauses
(a), (c) and (i) Section 8 (1)
 Section 19:Appeal -Time Limit
●
First Appeal: If applicant doesn’t receive decision
within 30 days or aggrieved or not satisfied with
response of CPIO, applicant can file first appeal
before First Appellate Authority (FAA) within 30
days of receipt of response
●
FAA shall dispose First Appeal within 30 days or 45
days stating reasons for delay
●
Second Appeal: Applicant file second appeal within
90days before CIC
 Universal Access – esp to the Poor
●
Fee at a reasonable level - No fee for BPL (RTI
Rules 2012-Rule 5)
●
Mode of payment: CPIO will receive Rupees 10/-
by way of:
Cash, Postal Order, Demand Draft
Bankers Cheque, eIPO
●
First Appeal and Second Appeal: No fee
 Forward Moves
●
File noting can be disclosed except file noting
containing information exempt from disclosure
under Section 8 of the Act.
[Clarification issued vide DoPT OM No. 1/20/2009-IR Dt 23.06.2009]
●
In addition to mandatory disclosure of 16 items of
information ensuring in Sec 4 (1) (b) of RTI Act.
●
For supply of additional information:
➢
Rs. 2/page of the information in A4/A3 size
➢
Actual cost of page larger than A4/A
➢
Cost per floppy/CD: Rs. 50
➢
Actual cost of sample or models
➢
No fee for first hour for inspection of records
➢
Rs. 5 for each subsequent hour thereof
 RTI Online Portal
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Launched on 21.08.2013 and now available in bilingual
form for Central Ministries/Departments.

●
Facilitates online filing of RTI applications and first
appeal.
●
Payment of RTI application fee can be made online.
●
Tracking the status of RTI request/Appeal through
SMS and E-mail – Audit Trail maintained.

●
Central Information Commission (CIC) has also
been integrated with the Portal. The second appeal
with CIC can be filed online through the portal
 Judicial Pronouncements
Hon’ble Supreme Court
●
The Act does not require a Public Authority to
collect or collate the non-available information and
then furnish it.
●
PA not obliged to give reasons why a decision was
taken.
●
Personal Information is entitled to protection from
unwarranted invasion of privacy, except when larger
public interest is involved.
●
Public interest means the general welfare of the public …
something in which the public as a whole has a stake.
●
…….the demand for information ….should not reach
unmanageable proportions affecting other public
interests, like efficient operations of public authorities
etc.
Hon’ble High Court of Bombay at Goa
●
The defintion of information cannot include within its
fold answers to the question “why” which would be same
thing as asking the reason for a justification for a
particular thing. [WP © No. 419/2007: Dr. Celsa Pinto
Vs. Goa SIC].
 Not to create Information
●
The Public Authority is not suppose to create
information or to interpret information or to
solve the problem raised by the applicants, or
to furnishes replies to hypothetical questions.
 Public Authorities in MEA:
The following Public Authorities are under MEA for
the purpose of RTI. All these authorities are
independent and separate public authorities as defined
under Section 2 (h) of the RTI Act, 2005.
(1) MEA- Nodal (RTI Cell),
(2) CPV Division (Patiala House)
(3) ICCR (Indian Council for Cultural Relations)
(4) ICWA (Indian Council for World Affairs), &
(5) Indian Missions/Posts abroad.
CPIO & FAA in MEA and Missions/Posts abroad:

●
Under each public authority, there are individual
Central Public Information Officers (CPIO) and
First Appellate Authorities (FAA). Under Secretary
or equivalent rank officer in each Division is
appointed as CPIO and Director or Joint Secretary
of the same Division is designated as FAA.
●
There are 98 CPIOs & 59 FAAs in the
Ministry {excluding CPV Division, ICCR,
ICWA & Indian Missions/Posts abroad}.
EAMO, MOS Office, Offices of FS and
Secretaries do not have designated CPIOs
and FAAs, and RTI applications pertaining to
these offices are replied by RTI Cell based on
inputs received from them.
●
There are 42 CPIOs (including 36 in RPOs, 5 in
Passport Sewa Project(PSP) and 1 in CPV Divisions)
and 39 FAAs in CPV Division. There is one each
CPIO and FAA designated in ICCR and ICWA
respectively.
●
Presently, there are total 200 Missions/Posts abroad.
All Mission/Posts have CPIO/FAA online
credentials.
 Portal to response
●
Nodal CPIO: All applications and First Appeals are
received in this portal and Nodal CPIO forwards the
same to the CPIO concerned or FAA
●
CPIO: CPIO will dispose of applications through
this portal
●
FAA: FAA will dispose of First Appeals through this
portal
Home page of Nodal CPIO account
https://rtionline.gov.in/RTIMIS/login/
Dashboard of Nodal CPIO
RTI applications received by Nodal CPIO
RTI applications transferred by Nodal CPIO
to concerned CPIO
 CPIO replies to RTI Application
(Home> Assessment > New Request)
 First Appeal received and transferred by Nodal
CPIO to concerned First Appellate Authority (FAA)
Home page of FAA
 FAA replies to First Appeal
(Home > Assessment > New Appeal )
CIC Hearing Notice
as result of Second Appeal by RTI applicant
it is checked online, downloaded and transferred by
Nodal CPIO to concerned CPIO by email
it contains link to upload written submission, by the
concerned CPIO, 7 days before hearing
Submission uploading by concerned CPIO on CIC
website using the above link
As far as RTI Cell is concerned, details regarding number of
RTI applications and appeals received during last few years
is given below:
Year No. of RTI applications No. of First appeals received
received

2016-17 3325 268

2017-18 2802 216
2018-19 2915 231
2019-20 3936 255
2020-21 2920 252
2021-22 2435 162
2022 (April- Nov) 1935 105
 What else RTI cell do?
Transparency Audit: According to Section 4 of the
RTI Act 2005, all Public Authorities are required to
disclose information suo-motu on their public
domain. In 2018 the CIC decided to conduct a third-
party transparency audit of such suo-motu disclosure
by all public authorities. Hon’ble CIC again during
a hearing related to a Mission on 22 November, 21
directed to disclose the budget allocations and other
expenditures on public domain as maximum
possible. RTI Cell recently circulated message to all
Missions/Posts abroad, CPV, ICCR, ICWF to
disclose sou motu information on public domain.
 How to handle RTI Application

●
Each CIPO has RTI portal. Applicant can file online
RTI through this Portal or they can send by post.
●
After receiving RTI applications, CPIO has to check
whether fee has been paid or not. If it is online there
should be mode of payment and if it is sent by post,
cheque/DD, cash, IPO must be attached with RTI
Application.
●
If application belongs to Below Poverty Line, he
should provide copy of the proof i. e. Ration
Card. In case application has been sent without
fee, we reject the application or we may seek fee
from applicant. Name of applicant should on
BPL Card
●
If prescribed fee is not attached CPIO seek fee or
reject the RTI application
●
We may transfer physical RTI applications to
online through the RTI portal of CPIO.
●
CPIO has to examine subject matter of RTI
application, if it belongs to the concerned CPIO it
should be replied within 30 days. In case it doesn’t
pertain to concerned CPIO, it should be forwarded
to other CPIO who is handling the subject matter
under 6(3) of RTI Act.
●
●
Aggrieved by reply provided by CPIO, applicant can file
First appeal with FAA and FAA should reply within 30 days
of receipt of appeal or 45 days stating reasons of delay.
●
If not satisfied by reply of FAA, applicant can approach
with Central Information Commission within 90. In CIC a
personal hearing is held where applicant and respondent
have to appear. But it has been observed in many cases,
applicants don’t appear for hearing but CPIO must be
present to defend the case.
●
Hearing notices received by RTI Cell are
forwarded to concerned CPIO.
●
In case CPIO receives hearing notice from CIC,
CPIO must upload submission of the case in the
website of CIC copying to RTI Cell.
Quoting of wrong section of RTI:
●
During many hearings related to Missions/Posts,
CIC observed that wrong sections/rules of RTI Act
has been mentioned while replying to applicant. We
should be careful while replying RTI Applications.
Must be in mind about the difference between
Section 8 (1) (J) and 8 (1) (g).
 Personal information:
Cen.Pub.Information ... vs Subhash Chandra Agarwal on 13
November, 2019, SC of India decision:
Reading of the aforesaid judicial precedents, in our opinion,
would indicate that personal records, including name,
address, physical, mental and psychological status, marks
obtained, grades and answer sheets, are all treated as personal
information. Similarly, professional records, including
qualification, performance, evaluation reports, ACRs,
disciplinary proceedings, etc. are all personal information.
●
Medical records, treatment, choice of medicine, list of
hospitals and doctors visited, findings recorded, including
that of the family members, information relating to assets,
liabilities, income tax returns, details of investments,
lending and borrowing, etc. are personal information.
Such personal information is entitled to protection from
unwarranted invasion of privacy and conditional access is
available when stipulation of larger public interest is
satisfied. This list is indicative and not exhaustive.
 Third party
under section 11 of RTI Act

●
Third party information means a person other
than the citizen making a request for
information and includes a public authority.
●
If the information requested pertains to third party,
CPIO shall give a written notice to the third party
with in 5 days. [11(1)]
●
The third party must be given a chance to make a
representation with in 10 days. [11(2)]
●
If Public Interest outweighs, CPIO can furnish
information though the Third party is not willing, by
following the due procedure
●
Pay slip/details of employees cannot be
shared to third party even to spouse as
well.
●
Passport details are also third party
information which can not be shred with
third party even to spouse as well.
 Performance of an employee
●
“The performance of an employee/officer (Supreme
Court ruling in Girish Ramchandra Deshpande vs.
CIC, SLP-C 27734 of 2012) in an organization is
primarily a matter between the employee and the
employer and normally those aspects are governed by
the services rules which fall under the expression
‘personal information’, the disclosure of which has no
relationship to any public activity or public interest. On
the other hand, the disclosure of which could cause
unwarranted invasion of the privacy of that individual.”
Above decision of Supreme Court (SLP-C No.
27734/2012) is conveyed by DOPT OM of 14.8.2013
 Income tax returns
●
Supreme Court observed in Girish Ramchandra
Deshpande vs. CIC (SLP-C 27734 of 2012) case
that details disclosed by a person in his income
tax returns are “personal information” and
exempted from disclosure under Section 8(1) (j) of
the RTI Act, unless involves a larger public
interest.
 Repeated filing of identical RTI
application
●
No right to repeat RTI Applications: As per the
decision of Hon’ble Central Information Commissioner
vide No. CIC/ALDMU/A/2017/102135 dated
24.04.2017
●
The citizen has no right to repeat the same or similar or
slightly altered information request under RTI Act,
2005, for which he already got a response.
●
Such repetition of information request may
be considered as reasonable ground for
refusal under the RTI Act 2005.
●
Once an RTI application is answered, the
appellants shall refrain themselves from
filing another RTI application against the
public authority as once information is
received and held by them or posted in
public domain, because such information
is deemed to have ceased to be 'held' by the
public authority. Repetition shall be
ground of refusal.
 RTI Consultants
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We have four consultants in Ministry’s pannel.
CPIOs can hire their services for preparing
RTI replies, order of FAA and to represent in
CIC for hearing.
Salary and Allowances
 Foreign Allowance
●
Foreign allowance cannot be shared under RTI Act,
2005 as the same is exempted Under Section 8(1) (a)
●
As per CIC decision No.
CIC/SG/C/2011/001204/17022 dated 23 January
2012 allowances paid to India based officials posted
in various Indian Missions/Posts abroad are
exempted from disclosure under section 8(1)(a) of
the RTI Act, 2005. Copy of the order is attached for
your perusal.
Thank you

All the best