Applicant fails to get clarification regarding ‘VIPs’

Appellant had sought information as to which officials are considered as VIPs. PIO stated that he was not supposed to create information or to interpret information or to solve problems raised by the appellant or to furnish replies to situational queries or to furnish clarification. CIC upheld the stand of the PIO and has relied […]

RTI applicant cannot expect PIO to take or initiate action

CIC has observed that the information sought by the appellant in his RTI application is more in the nature of seeking opinion/advice from the CPIO …….. that in terms of the provisions of the Act, the CPIO is not supposed to create information; or to interpret information; or to solve problems raised by the appellant; […]

RTI act does not provide for “creating” information

CIC was informed that the applicant wanted clarification from the department on tax treatment for rent which was being received but is disputed in court. The Respondent stated that applicant’s attention had already been drawn to Section 25A, 25AA and 25B of the Income Tax Act which are applicable for rent and further clarification cannot […]

RTI Act permits disclosure of only recorded information

Appellant had sought the reasons why he was not considered as fit for promotion as recorded in the ACR and the methods deployed by the respondent for improvement of his performance. The respondent stated that the information sought pertained to reasons and clarifications which do not come within the purview of RTI Act, 2005. CIC […]

RTI Act does not require creation of information

Appellant had sought information pertaining to marks obtained by certain candidates in the written examination for the posts of Traffic Asst., Accounts Asst., S&SA, TA, OA, Security Asst., etc. CPIO provided the cumulative marks obtained by the candidates in the examinations. The appellant stated that the information sought pertained to marks secured by successful candidates […]

Applicant not entitled for translated version of the document

Applicant had requested for Hindi translation of the order passed by the I T department so that he can better understand the issue and pursue his appeal. CPIO stated that under RTI., the applicant can only seek information as available on record and that all orders of the department are in English and no Hindi […]

RTI does not provide for creating or interpreting information

Appellant had sought information on two points, including, (i) applicability of OM No. 21001/2010¬EST.A dated 13.04.2010 by the DOPT, GOI in NITTTR, Chandigarh (ii) Can the ACR/APAR of the government servant who retired on 31.01.2010 be reviewed by the competent authority as per the provisions of the O.M. The CPIO submitted that the appellant was informed […]

PIO need not provide replies to hypothetical questions

Appellant had sought, among others, definition of “MERGE”, definition of “PROMOTION” and definition of “MERGE THROUGH PROMOTION” in Hindi and English. CPIO did not provide the desired information. CIC has held that only such information can be supplied under the Act that is available and existing and is held by the public authority; that the […]

Information which exists needs to be provided and not non-est

PIO stated that the public authority cannot be expected to provide reasons for past administrative actions other than those recorded in the file. CIC agreeing with the PIO, has held that the ‘reasons for the administrative decisions’ are those which are available in the files/records and there is no obligation on the CPIO to provide […]

RTI – no requirement to create information

Appellant wanted to know the action taken on his letter. CPIO submitted that under the RTI Act the appellant can only seek information as available on record but cannot demand action. CIC held that only such information can be supplied under the Act that is available and existing and is held by the public authority. […]