Professional Documents
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Right To Information Act 2005 An Overview
Right To Information Act 2005 An Overview
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.
• 3
COVERAGE(continued)
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 –
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
12
Communicating Rejection
• Section.7(8)
13
Scoping: Adjustment of the Form
14
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)
15
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)
•
16
Third Party Information
17
Third Party Information
19
Third Party
20
Third Party
25
APPEALS
• First appeal with senior in the Department.
26
PENALTIES
• Penalties imposable by Information
Commission on PIO or officer asked to
assist PIO
29
CASE LAW (Contd.)
DISCLOSABLE INFORMATION
31
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
32
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.)
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.)
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
44
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