PIO not required to provide clarification or opinion

CIC has observed that the information sought is clarificatory in nature and the CPIO is not bound to give clarification/opinion under the RTI Act in terms of the decision of the Hon’ble Supreme Court of India in CBSE v. Aditya Bandopadhyay, (2011) 8 SCC 497 Ram Niwas vs. CPIO, M/o Railways SA No. CIC/NRAIL/A/2018/121641 DD […]

When information is held under fiduciary relationship

Information which is required to be disclosed under any enactment and/or any provision of law, cannot be held to be given under fiduciary relationship. In Reserve Bank of India v. Jayantilal N. Mistry (SC), it has been held by the Hon’ble Supreme Court that: “62. However, where information is required by mandate of law to […]

Information provided should be certified

CPIO had not certified the documents provided. .. appellant submitted that he was not satisfied with the reply as the documents provided to him were not certified. In the circumstances, CIC directed the PIO to resend the documents in the form of certified copies and also issued a strict warning to the PIO for not […]

CIC orders legal action for refusing to receive RTI application

The appellant submitted that his RTI application was returned as the OIC of RPF refused to receive his RTI application on the ground that no PIO is working at the unit. CIC directed to take appropriate legal action against the official who refused to accept the RTI application in question on the ground of non-appointment […]

Educational certificates of other employee exempted from disclosure

Educational qualification certificates of some other employee available in the records of the public authority in a fiduciary relationship are exempted under Section 8(1)(e) r/w Section 8(1)(j) of the RTI Act, 2005. Also, there is no public interest in the matter. This position has been upheld by the Hon’ble Supreme Court of India in its […]

Only information which is available on record can be provided

Appellant had sought information pertaining to a Mosque. CPIO submitted that the Appellant had been informed that they do not have any records pertaining to the construction/existence of relevant Mosque. CIC held that only information which is available on record can be provided as per the provision of the RTI Act and as the information […]

Only information which is available on record can be provided

Appellant had sought information pertaining to a Mosque. CPIO submitted that the Appellant had been informed that they do not have any records pertaining to the construction/existence of relevant Mosque. CIC held that only information which is available on record can be provided as per the provision of the RTI Act and as the information […]