Explore the power of transparency with the RTI Act. Learn how the Right to Information Act empowers citizens to access government information for a more accountable democracy.
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Hon’ble SC held that disclosure of checked answer sheets , basis for interview marks is an information which public authority do not holds in fiduciary capacity , hence can be disclosed to information seeker.
There is no doubt that the Subsection (3) of Section 6 of the RTI Act is a BOON to the Citizens/Applicants under the Act, so long the PIOs and FAAs at the Departments are functioning well by clearly understanding the spirit behind & specific purpose of this section. Otherwise, it is sure to be proved as a CURSE.
Whereas in the matter of Principles of Natural Justice, and the field of Justice Delivery the saying Justice Delayed is Justice Denied is honestly accepted, it seems that there is no weightage to such proverb in the Right to Information Act, 2005. In fact, there is no guarantee about supply of information within particular span of period.
Those applicants under Right to Information Act, who could not receive the Information required by him/her or have aggrieved with the Order passed by the PIO or does not receive a decision within the time limit as applicable, have a right to Appeal to the First Appellate Authority under Section 19(1) of Right to Information Act, 2005
The Applicants’ seeking information under Section 6(1) of the Right to Information Act, 2005, could make their request in writing in a language of English, Hindi or in the regional official language of the area, and could submit their “Applications’ to the Public Information Officer (PIO) appointed at an office, where you think or assume or believe that the information required would be available. Even, the Applicants’ have the option of submitting their application either online or offline.
The time limit stipulated under the provisions of the RTI Act is normally 30 days either for supplying information or rejecting the application, from the date of receipt of such Application under Section 6(1) of the Right to Information Act, 2005. However, when such information is under the custody of other division, department or agency, the application or the relevant part of such application has to be transferred
The Ho’ble Supreme Court held that students have the right to inspect and photocopy their answer sheets after their evaluation under the Right To Information (RTI) Act. The apex court bench of Justice R.V. Raveendran and Justice A.K. Patnaik allowed the disclosure of the answer sheets of the examination conducted by boards, universities, institutions and public service commissions, when it upheld the Calcutta High Court judgment that permitted the students to inspect their answer sheets.
Shri Rabindra kumar B. Adhikari Vs Mr. Thothar (CIC) The PIO replied that the information sought by the applicant pertains to the third party and no public interest will be served in the disclosure. In accordance with Section 11 of the Act, a reference was made to the third party i.e., Sunitha Choudhury to make submission in writing or orally whether the information may be disclosed or not. The third party vide letter dated 25/10/2010 has strongly opposed to give any information to the applicant. Therefore, in accordance of sub section (3) of Section 11 of the RTI Act, 2005, the information is denied.
The Central Information Commission (CIC) has directed the Reserve Bank of India to disclose an advisory note it issued to ICICI Bank for alleged violation of any RBI guidelines or for contravention of the provisions of money laundering and foreign exchange acts. The case relates to an RTI application filed by SS Vohra, who had sought to know details of such advisory notes issued by the apex bank to Patna and Hong Kong branches of ICICI Bank.
Government has vide notification No. G.S.R. 442(E) dated 09.06.2011 exempted CBI from thr purview of RTI Act, 2005. This has been done by inserting the CBI Name in Second Schedule of the RTI Act. The Second Schedule of the RTI Act exempts certain Public Authorities under the Central Government from disclosure of information under the RTI Act 2005. However, these Public Authorities have to respond to RTI Applications which pertain to subjects of Human Rights and Corruption. As per Section 5(1) of the RTI Act and the instructions of DoPT, they are also supposed to have a PIO and a AA.
