RTI Act-2005 Important Points

8/13/2019 RTI Act-2005 Important Points

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Right to Information Act, 2005

The Right to Information Bill was introduced in the Lok Sabhain December, 2004 It was !assed b" both houses of #arliament

with ma$or amendments in %a" 200& The #resident ga'e its

assent on (une )& and the *ct was notified in the +a ette on (une

2) The law has become o!erational w e f -ctober )2, 200&

This law seeks to re!lace the erstwhile .reedom of

Information *ct, 2002 but it was not found effecti'e ha'ing man"

loo!holes The suggestion gi'en b" /ational *d'isor" ouncil, i'il

Societ" -rgani ations, #eo!le1s %o'ements and acti'ist that right

to information be made more !rogressi'e, !artici!ator" and

meaningful *fter stud"ing the suggestions and taking into

considerations of the #* +o't 1s, ommon %inimum #rogramme,

the +o't of India decided to re!eal the .reedom of Information

*ct, 2002, b" introducing Right to Information *ct

Coverage : Chapter 1 : - The *ct will a!!licable whole of

India e3ce!t (ammu 5ashmir

Note 1 : ( 5 has its own freedom of Right of Information in2004

Note 2 : The se'en states ha'e re!ealed their own laws withthe enactment of RTI w e f )2 )0 2006 7Delhi,Ra$asthan, %aharastra, +oa , 5arnatka, Tamil /adu

*ssam8


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The Right of Information is well defined legislation andhas 9I ha!ters, :) sections

Jurisdiction : -

;ill co'er all le'els of +o't < entre, State, District, Local

Self +o'erning Bodies like #ancha"ats, %unici!al Bodies,

-ther Local Bodies, oo!erati'e Societies etc =

o'er offices of #ublic *uthorities established, owned or

substanti'el" financed b" the entral, State +o'ernments or

*dministrator of T1s = *n" bod" controlled or substanti'el" financed b" these

+o'ernments= and

*!!licable to all non>go'ernments organi ations?

substanti'el" financed, directl" or indirectl" b" these

+o'ernments 7/+-s, 9-s and other Bodies8

India has included among 68 countries that have

such legislature.

Sweden has its e3istence in )@66 and it has the distinction of beingthe first countr" in the world to abolish !olitical censorshi! and!ro'ided the !ublic access to the +o'ernment documents

/ow more than 6& countries ha'e ado!ted RTI in 'arious forms ofthe world de!ending u!on their culture, go'ernment and ci'ilsociet"

*ustralia, anada, /ew Aeeland, S*, .inland, /orwa", .rance,5, South *frica and (a!an are the few countries


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Information means !ection 2": -

*n" material, in an" form, including Records, documents, memos,emails, o!inions, ad'ices, !ress releases, circulars, orders,logbooks, contracts, re!orts, !a!ers, sam!les, models, datamaterial held in an" electronic form#ther $odies: Information relating to an" !ri'ate bod" which canbe accessed b" a #ublic *uthorit" under an" other law for the timebeing enforced

Right to Information means !ection 2": -

The information held or under the controlled of an" #ublic *uthorit"

and includes

Right to ins!ect works, documents, records

Right to take notes, e3tracts or certified co!ies of documents

or records

Right to take sam!les of material

Right to obtain information in the form of diskettes, flo!!ies,

ta!es, 'ideo cassettes or in an" other electronic mode or

through !rintouts where such information is stored in a

com!uter or in an" other de'ice

Note: )8 Right to Information whose disclosure is in the !ublicinterest 7section C8

28 Information which cannot be denied to #arliament orState Legislature shall not be denied to an" !erson7section C8


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Records means !ection 2": -

7i8 an" document, manuscri!t and file=

7ii8 an" microfilm, microfiche and facsimile co!" of a document=

7iii8 an" re!roduction of image or images embodied in such

microfilm 7whether enlarged or not8= and

7i'8 an" other material !roduced b" a com!uter or an" other de'ice

%u&'ic Authorit( means !ection 2": -

*n" authorit" or bod" or Institutions or self>go'ernment established

or constituted >

7a8 b" or under the onstitution=

7b8 b" an" other law made b" #arliament=

7c8 b" an" other law made b" State Legislature=

7d8 b" notification issued or order made b" the a!!ro!riate

+o'ernment, and includes an" +o'ernment -rgani ation substantiall" financed,directl" or indirectl" b" funds !ro'ided b" the a!!ro!riate+o'ernment

)ain o&*ectives of the R+I Act are: -

To set u! a !ractical regime for gi'ing citi ens access toinformation that is under the control of !ublic authorities andTo !romote trans!arenc" and accountabilit" in the working ofe'er" !ublic authorit"RTI is a tool of Administrative Reform


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Aim : -

as", timel" and s"stematic a'ailabilit" of information

em!owered the citi ens

access to information held b" or controlled b" the #ublic

*uthorit"

+ o tier s(stem : - The *ct will o!erate at two different le'els

of +o'ernments < at the entre and at the State < each will ha'e

different set of #I- ? *#I-, a!!ellant authorit" and Informationommissioners

+he three 'eve' regime for Accessing Information: -

At the first level of the regime, e'er" !ublic authorit" has

designated officers for recei'ing a!!lications 7also called

Einformation reFuests18 from citi ens

At the second level, e'er" !ublic authorit" has designated senior

officers to look into those cases where citi ens1 reFuests for

information ha'e been refused If citi ens do not get the reFuested

information or are unsatisfied with the information the" ha'e

recei'ed, under this law the" ha'e the right to send an a!!eal to

the De!artment *!!ellate *uthorit" 7D**8 designated within the

concerned !ublic authorit"

AT the third level, an inde!endent State Information ommission

7SI 8 has been set u! to look into those cases where citi ens are


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unsatisfied with the decision of the D** The SI also has the

!owers and res!onsibilit" to monitor com!liance of !ublic

authorities to this *ct and submit an annual re!ort to the State

Legislature

Ro'e of Courts section 2 " *ccording to the RTI *ct the

decision of the State Information ommission is binding on all

!arties ourts are barred from inFuiring into the decision of the

SI But is must be remembered that this law gi'es effect to a

fundamental right of citi ens *ccording to the onstitution, the

Gigh ourts 7*rt 2248 and the Su!reme ourt 7*rt :28 ha'e the

!ower to look into an" matter relating to the fundamental rights of

citi ens Technicall", a citi en has the right to a!!roach the Gigh

ourt or the Su!reme ourt, if he? she is not satisfied with the

decision of the SI


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o'e of %u&'ic Information #fficer . Assistant %u&'icInformation #fficer

!ection 5, /, , , 2, 10, 11"

3esignation of !tate %I# - !ection 5 1" :

'er" !ublic authorit" shall, within one hundred da"s of

the enactment of this *ct, designate as man" officers as the

entral #ublic Information -fficers or State #ublic Information

-fficers, as the case ma" be, in all administrati'e units or offices

under it as ma" be necessar" to !ro'ide information to !ersons

reFuesting for the information under this *ct

#I- must be designated b" e'er" !ublic authorit" at the

le'el of *dministrati'e nit or office under it

In #ublic *uthorit" controlled b" the State +o'ernment,

the" are called State #ublic Information -fficer 7S#I-8

3esignation of Assistant %u&'ic Information #fficer -

!ection 5 2" :

'er" !ublic authorit" shall designate an officer, within

one hundred da"s of the enactment of this *ct, at each sub>


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di'isional le'el or other sub>district le'el as a entral *ssistant

#ublic Information officer or a State *ssistant #ublic Information

-fficer, as the case ma" be, to recei'e the a!!lications for

information or a!!eals under this *ct for forwarding the same

forthwith to the entral #ublic Information officer or the State #ublic

Information -fficer or Senior -fficer s!ecified under sub>section 7)8

of section )H or the entral Information ommission or the State

Information ommission, as the case ma" be

*S#I- is designated at the Sub Di'ision or Sub District

le'el


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The De!artment of Information Technolog" 7*dministrati'e

Reforms8, +o't of #un$ab has been made a nodal *D for enforcing

the !ro'isions under the RTI *ct

The Department of Information Technology (AdministrativeReforms) vide letter dated 15.0 .!005 provided that the

follo"ing criteria may #e adopted for designating the $%I&'$

and A$%I&'$

Sr.

No.

Unit at which

information is to besupplied

Concerned officer to be designated

A.P.I.O. P.I.O. Appellate Authority 1 2 3 4 5

) Distt ? Tehsil Le'el Immediate (unior-fficer to the DisttGead

Distt Gead Gead of the De!artment

2 Region ? ircle Le'el Immediate $unior officerto the Gead of theregion?circle

Gead of region?circle

Gead of the De!artment

: .or the offices of D 1s at

Distt le'el

oncerned Sub>

Di'ision -fficer 7c8

De!ut"

ommissioner ofthe Distt

ommissioner of the

Di'ision

4 .or the offices of Di'isionalommissioner at Di'ision

Le'el

Immediate $unior officerto the commissioner ofdi'ision

ommissioner ofthe Di'ision

.inancial ommissioner,Re'enue

& .or offices located at thele'el of the Gead of theDe!tt

Immediate $unior officerto the Gead of theDe!artment

Gead ofDe!artment

oncerned *dministrati'eSecretar" of thede!artment concerned

6 *t the le'el of *dministrati'e De!artment oncerned nderSecretar", De!ut"Secretar", (ointSecretar", *dditional orS!ecial Secretar"

oncerned *dministrati'eSecretar" of theDe!artment

hief Secretar" to+o'ernment of #un$ab

The a#ove is initiative one. The Administrative

Department % #lic A thority sho ld ma*e change or


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alternative arrangements in the aforesaid set p in vie" of the

re+ irements of their departments.


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Ro'e of !tate %I# !ection :

Recei'e information reFuests 7a!!lication8 from citi en under

this act and ha'e the res!onsibilities and duties to !ro'ide theinformation within :0 da"s 74C hours concerning life ?libert" of

!erson8

#I- shall render assistant to those who cannot write an

a!!lication

nder this act, it is mandator" that he has the right to seek

assistance from an" other officer, if he consider, necessar" for

the !ro!er discharge of his duties, section & 748

7such officer whose assistant is taken will also be treated as #I-

and is liable to !unished disci!linar" action for not furnishing

information in time or refusing information or for gi'ing wrong

information or misleading information+i'e information in the form in which it is originall" sought

sub$ect to resource constraints ad !reser'ation of the record in

Fuestion

#I- to intimate the additional fee towards cost of !ro'iding

information in writing within )& da"s of the recei!t of a!!lication

and to intimate the details of the figures arri'e at

#I- has initial authorit" to decide whether disclosure of

information is in !ublic interest or not?which !art of record


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co'ered b" the e3em!tion clause under Section < C and Section

< H

#I- as the initial authorit" to gi'e reason for re$ection of

information reFuest, detail of time limit for a!!eal and the

a!!ro!riate a!!eal authorit"

It is the res!onsibilit" of #I- to !ro'e that the re$ection of a

reFuest was $ustified during a!!eal !roceeding before State

Information ommission 7Section )H &8

#I- to com!ile the information recei'ed from 'arious Fuartersin the manner reFuested Ge is Liaison between the

+o'ernment and the State Information ommission

The Role of %I& is to provide information to the citi en

nder this act s #-ect to provisions of this Act.

!ection sums up the ro'e of %I# in a %u&'ic

Authorit(:

The #I- on recei!t of reFuest seeking information, shall

dis!ose of reFuest as e3!editiousl" as !ossible and in an" within

the thirt" da"s of the recei!t of the reFuest 74C hours concern the

information relating to life or libert" of a !erson8 either !ro'iding the


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information on !a"ment of such fee as ma" be !rescribed or re$ect

the reFuest for an" of the reason s!ecified in Section C H


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Ro'e of !tate A%I# : -

Ge will act like a #ost -ffice

Duties ? Res!onsibilities to recei'e information reFuests fromciti en and forwarded these to the #I- of the concerned

!ublic authorit" that is likel" to ha'e the information being

sought b" the a!!licant

Ge is not res!onsible for not gi'ing information to the

reFuester? a!!licant 7as the res!onsibilit" is of #I-8

*S#I- is not an assistant to the S#I-

Ge does not ha'e the !ower to ask the reFuestor wh" he ? she

wants such information as the act clearl" !ro'ide that the

reFuestor shall not be asked to gi'e reason for seeking

information

Ge is to forward a!!eal to De!artment *!!ellate *uthorit"7D**8 and the State Information ommissioner 7SI-8 against

the decision of #I-

Note 1: - Sent the a!!lication of citi en at once to #I- as under

this act onl" fi'e e3tra da"s o'er and abo'e the limit of :0

da"s to gi'e information if the reFuest is forwarded to

*#I-

Note 2: - iti en has the right to send a com!laint to SI if *I#-

does not acce!t the a!!lication as forwarded to the #I-

If a!!ro'ed, guilt", *#I- ma" be fined b" SI


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Note 1: *#I- forward such a!!lication to the #I- of the #ublic

*uthorit" that controls the Information reFuested

Note 2: The #I- director" !ublished b" the State +o'ernment

ma" be used for this !ur!ose

(Specification of forms of application, acknowledgement, fee etc.)

/ote nder section !2 of the RTI Act, !005, it has #eenprovided that the appropriate 3overnment ma*e r les tocarry o t the provisions of this act #y notifying in theofficial ga ette. Accordingly, the % n-a# 3overnmentframed, the Right to Information R les, !005 vide/otification dated 1!.10.!005, revised vide notification14.1!.!00 . Again amended vide /otification dated!5.0 .!002 and no" is called the % n-a# Right toInformation R les, !002 . These r les provides as nder

)8 * !erson who desires to obtain information shall make

an a!!lication in form E*1 to the #I- either in !erson or

through registered !ost alongwith a fee as s!ecified

under rule & of the these rules 7the !resent a!!lication

fee is Rs )08

28 -n recei!t of an a!!lication, the S#I- shall gi'e a

recei!t in token thereof to the a!!licant in form EB1

:8 ach !ublic authorit" shall maintain the information

register in the form E 1 in res!ect of the records of

reFuests recei'ed from the a!!licants for seeking

information


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48 The a!!lication, recei'ed without reFuisite fee, shall not

be entertain and shall liable to be re$ected straight wa"

without gi'ing an" notice to the a!!licant


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#67R8)78+ #9 % 8JA$

37%AR+)78+ #9 ;;;;;;

!ee ru'e I""

A%%6I7ATI&/ 8&R I/8&R9ATI&/ /D:R $:7TI&/ (1) &8 T;: A7T

ToThe State #ublic Information -fficer?

*ssistant State #ublic Information -fficer 7/ame of the -ffice with address8KKKKKKKKKKKKKKKKKKKKKKKKKK

) .ull name of the a!!licant KKKKKKKKKKKKK2 .ather1s ? S!ouse1s name KKKKKKKKKKKKK: #ermanent *ddress KKKKKKKKKKKKK4 orres!ondence *ddress KKKKKKKKKKKKK& #articulars of information solicited KKKKKKKKKKKKK

a Sub$ect matter of information KKKKKKKKKKKKKb The !eriod to which the information relates KKKKKKKKKKKKKc S!ecific details of information reFuired KKKKKKKKKKKKKd ;hether information is reFuired b" !ost or in

!erson 7The actual !ostal charges shall beincluded in !ro'iding information8

KKKKKKKKKKKKK

e In case b" !ost then indicate whether b"

ordinar", registered or s!eed

KKKKKKKKKKKKK

6 Is this information not made a'ailable b" the #ublic *uthorit" under 'oluntar" disclosure KKKKKKKKKKKKK

@ Do "ou agree to !a" the reFuired fee KKKKKKKKKKKKKC Ga'e "ou de!osited a!!lication fee 7If "es details of

such de!osit8 KKKKKKKKKKKKKH ;hether belongs to Below #o'ert" Line categor" 7If

"es ha'e "ou furnished the !roof of the same withthe a!!lication8

KKKKKKKKKKKKK

#lace .ull Signature of the a!!licantDate and address

/ote arlier under #b Info Rules, 2006, !articulars of the identit" was also included in the !roformaIt has also been !ro'ided there that incom!lete a!!lication which has not been gi'en in the !rescribed formand recei'ed without reFuisite fee shall not be entertained and shall liable to be re$ected straight wa"without gi'ing notice

8ame of the 3epartment or %u&'ic authorit( ;;;;;;

!ee Ru'e 2""Ac?no 'edgement


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#99IC7 #9 +@7 !+A+7 % $ IC I89#R)A+I#8 #99IC7R

Recei'ed the a!!lication from

%r ? %s

*ddress

Seeking information on 7sub$ect to be s!ecified8

9ide Diar" /o dated

#laceDate

.ull /ame of State #ublic Information -fficer? *ssistant State #ublic Information -fficer,

Designation and Seal


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Registering a comp'ete app'ication in order": -

nter the details of the a!!lication in to the RTI a!!lication

register on the same da" of recei'ing the a!!lication 7.orm

%a$or Gead 00@0 < -ther *dministrati'e Ser'ices

Sub>%a$or Gead 60 < -ther Ser'ices

%inor Gead C00>-ther Recei!ts

Sub>Gead C6 < .ees under the Right to Information *ct

4 * self addressed en'elo!e dul" stam!ed ma" also be submitted for su!!l"ing the reFuisiteinformation Stam!s on the en'elo!e ma" be affi3ed according to the desired mode of su!!l"ing the

information i e through ordinar", registered or s!eed !ost

.ee alculation

Total amount to be de!osited

Mours faithfull",

#lace Date #ublic Information -fficer


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8ame of the 3epartment or %u&'ic Authorit( ;;;;;;B!ee ru'e E /"

CA!@ R7 I!+7R

Sr.No.

Name &addressof theapplicant

'ate ofapplication

'ate ofdeposit ofamount

Particulars of fee( Cash)'emand 'raft) IPO)"reasury challan withdate & amount

efund*if any

emar+s

,. -. . /. 0. 1. 2.

There is no fee for listed below !o'ert" line, which facts shall ha'e to be authenticated b"

!roducing the B#L ard


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+ime imit +ime !chedu'e !ection "

)8 :0 da"s from the recei!t of the a!!lication recei'ed 7#I- must

decide as earl" as !ossible8

28 4C hours for information concerning the life and libert" of a!erson 7article 2)of the onstitution8 sense of urgenc" in'ol'ed

in itJ

:8 The !eriod from the dis!atch of the letter of intimating the

additional fee b" the #I- to the a!!licant and the date of !a"ment

of fee b" the a!!licant shall be e3cluded for the !ur!ose of

calculating the :0 da"s 7inter'ening !eriod8

48 If information sought relates to another !ublic authorit" 7office8,

fi'e e3tra da"s is admissible

&8 If the interest of a third !art" in'ol'ed, time limit will be 40 da"s

7ma3imum !eriod of :0 da"s N time gi'en to the third !art" to

make re!resentation87Section @ 7@8 read with section ))868 /o action taken on a!!lication for :0 da"s is deemed a refusal

7i8 It comes under the e3em!ted categor" co'ered under sections C and H of the *ct

7ii8 Mour a!!lication was not com!lete in res!ect of

7iii8 Mour identit" is not satisfactor"

7i'8 The information is contained in !ublished material a'ailable to #ublic

7'8 Mou did not !a" the reFuired fee with "our a!!lication for !ro'iding information

7'i8 The Information sought for is !rohibited as !er the !ro'isions of section 24 748 of the *ct

7'ii8 The information as sought for b" "ou is a'ailable in our ;ebsite 7name of the website to be s!ecified8

"ou ma" download the information

7'iii8 .or an" other reason

: Gowe'er, if "ou feel aggrie'ed b" this refusal, "ou ma" file an a!!eal before the 7s!ecif" the

!articulars of the *!!ellate *uthorit"8 within a !eriod of :0

da"s of the recei!t of this letter

#lace /ame and Designation of

Dated State #ublic Information -fficer


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7Femption 8on- 3isc'oser information. Ghat is not

open"

)0 categories in section < C and ) in section < H

a8 Information that would !re$udiciall" affect the so'ereignt",integrit", securit", scientific or economic interest and relationwith a foreign state=

b8 Information whose release is forbidden b" a court or tribunal ordisclosure which might constitute contem!t of court=

c8 Information whose release ma" lead to breach of !ri'ileges of#arliament or State Legislatures=

d8 ommercial and trade secrets, intellectual !ro!ert" etc thatwould harm com!etiti'e !osition of third !art" unless thecom!etent authorit" is satisfied that larger !ublic interestwarrants the disclosure of such information=

e8 Information a'ailable to a !erson in his fiduciar" relationshi!unless the com!etent authorit" is satisfied that the larger !ublicinterest warrants the disclosure of such information=

f8 Information recei'ed in confidence from a foreign

go'ernment=g8 If information disclosure endangers life and !h"sical safet" of

an" !erson or identif" the source of information or assistancegi'en in confidence for law enforcement or securit" !erson=

h8 If it is likel" to im!ede the !rocess of in'estigation ora!!rehension or !rosecution of offenders=

i8 abinet #a!ers including deliberations of %inisters,Secretaries and other officers= 7but decisions and relatedreasons contained in them will be made !ublic after thedecision has been taken and the matter is com!lete or o'er8=and

$8 Information which relates to !ersonal information thedisclosure of which has no relationshi! to an" !ublic acti'it" orinterest or which would cause unwanted in'asion of the !ri'ac"


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!ection 10 %artia' 3isc'oser : -

Information e3em!t from discloser under section C is !artial

discloser if a record contain with e3em!t and non e3em!t

information /on e3em!t information contained in such record ma"

be disclosed u!on reFuest

;hile communicating the decision to grant !artial access to

information or record i e the S#I- is reFuired to gi'e in writing >

)8 which !art will be !ro'ided after se'ering the e3em!t !ortion

28 reasons for re$ecting the reFuest including an" factual or material

funding the re$ection of which is based

:8 name designation of the !erson gi'ing other decision for

granting !artial access

48 details of fee calculated b" the decision making and the amount

of fee the a!!licant is reFuired to de!osit

&8 the a!!licant is regret to see the re'iew of the abo'e decision

7want a!!eal8 and the S#I- is to gi'e the a!!licant the !articulars of

the a!!ellate authorit" 7DD* or SI 8, time limit of a!!eal ? re'iew,

fee charge, forms that are !resented for this !ur!ose etc


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Information to Third %arty (any#ody other than the applicant

ma*ing a re+ est for information # t incl des a p #lic

a thority) ($ection 11)

;here the S#I- intends to disclose an" information or record or !art

thereof on a reFuest made under this act and the information relates

to or has been su!!lied b" third !art" and has been treated as

confidential b" the third !art" #I- shall gi'en written notice to the

third !art" within fi'e da"s from the information seeker to make an"

re!resentation to this effect Third !art" ma" also be informed in this

notice !articulars of the a!!ellant authorit" details of the a!!eal,a!!eal !rocess and the time limit for filing the a!!eal if the decision

taken to disclose the information Third !art" shall be gi'en a

chance to make re!resentation to the #I- within ten da"s of

recei'ing the notice If the disclosure of the information gi'en b"

third !art" is more im!ortant in the !ublic interest as com!are to the

harm or in$ur" it ma" cost to the interests of the third !art", #I-

should disclose the information to the a!!licant

Note: - Trade or commercial secrets protected by law are exempt fromdisclosure

Act not to app'( certain organisations !ection 2E": -

The intelligence and securit" organisations s!ecified in the second

schedule 722 nos 8 being organisation established b" entre

+o'ernment

Gowe'er, the information relating to the allegations of corru!tions,

and human rights 'iolations shall be !ro'ided The !ermission of


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I is reFuired for !ro'iding information relating to allegation of

'iolations of human rights and fort" fi'e da"s time limit is

!ermissible

Section 24 7:8 !ro'ides that the State +o'ernment b" notif"ing in the

official ga ette ma" s!ecif" such intelligence and securit"

organi ation *ccordingl", the #un$ab +o'ernment, De!artment

Information Technolog" 7*dministrati'e Reforms Branch8 'ide

notification dated 2: 02 2006 has !ro'ided that the act shall not

a!!l" to the following organisations under the De!artment of Gome

*ffairs (ustice

7)8 Intelligence ;ing,

728 *rmed #olice including *rmed Battalion of #*#,

7:8 ommando and IRB,

748 Securit" ;ing

7&8 District #olice and +R# in relation to 7a8 %atters andissues related with the collection of intelligence andinter!retation and discrimination thereof= 7b8 matters andissued related to the securit" of an indi'idual installation,!remises or organisation,

768 ;ar time o!erational !lans to the 'arious Battalion of

Border ;ing, Gome +uard,

7@8 i'il Defence !a!er !lans of earmarked ci'il defencetowns of #un$ab

The information relating to the allegations of corru!tions, and human

rights 'iolations shall be !ro'ided The !ermission of SI is


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reFuired for !ro'iding information relating to allegation of 'iolations

of human rights and fort">fi'e da"s time limit is !ermissible

%o ers and functions of the !tate Information

Commission !ection 1 ":

)8 S I has a dut" to recei'e com!laints from an" !erson >

a8 who has not been able to submit an information reFuest

because a #I- has not been a!!ointed=

b8 who has been refused information that was reFuested=

c8 who has recei'ed no res!onse to his? her informationreFuest within the s!ecified time limits=

d8 if he? she thinks the fees charged are unreasonable=

e8 if he? she thinks information gi'en is incom!lete or false

or misleading=

f8 and an" other matter relating to obtaining information

under this law

28 #ower to order inFuir" if there are reasonable grounds=

:8 S I will ha'e !owers of i'il ourt such as >

a8 summoning and enforcing attendance of !ersons,com!elling them to gi'e oral or written e'idence on oath andto !roduce documents or things=

b8 reFuesting the disco'er" and ins!ection of documents=

c8 recei'ing e'idence on affida'it=

d8 reFuisitioning !ublic records or co!ies from an" court or

office=


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e8 issuing summons for e3amination of witnesses or

documents=

f8 an" other matter which ma" be !rescribed

48 *ll records co'ered b" this law 7including those co'ered b"

e3em!tions8 must be gi'en to S I during inFuir" for e3amination

Appea' %rovision !ection 1 ":

*n" !erson who does not recei'e a decision within the time limit

under this act or is not satisfied b" a decision of #I-, ma" file >

9irst appea' to the officer immediatel" senior to #I- in the

concerned #ublic *uthorit" within :0 da"s from the date of #I-1s

decision 7dela" ma" be condone b" the *!!ellant *uthorit" if

sufficient course is shown8

7Fterna' Appea': - $econd *!!eal to the SI ? I within H0

da"s from the date on which the decision was gi'en b" the *!!ellant

*uthorit"

+hird %art( Appea': - *gainst #I-1s decision must be filed

within :0 da"s before the first a!!eals bod" and within H0 da"s of

the decision on the first a!!eal before the a!!ro!riate I

Burden of !ro'iding the information denial was $ustified b" with the#I-


39/63

3isposa' of Appea': - Internal a!!eals must be dis!osed within

:0 da"s from the date of filing e3tendable b" )& da"s if necessar"

but decision must be gi'en within 4& da"s/o time limit fi3ed for Information ommissioner to gi'e their

decision

Decision of Information ommissioner is binding but a!!eal on a

!art of fact or law case be filed in the Gigh ourt

Note: D ring appeal proceeding #efore $tate Information7ommission, it is the responsi#ility of %I& to provethat the re-ection of a re+ est "as - stified.

The S I has the !owers to secure com!liance of its decision

from the #ublic *uthorit" >

a8 b" !ro'iding access to information, in the same form as !er

reFuest=

b8 b" a!!ointing a #I- where non e3ists in a #ublic *uthorit"=

c8 b" !ublishing such information or categories of information=

d8 b" making necessar" changes to its !ractices in relation tothe maintenance, management and destruction of records=

e8 b" enhancing training !ro'isions for officials on RTIf8 b" seeking and annual re!ort from #ublic *uthorit" on

com!liance with this law=

g8 reFuire the #ublic *uthorit" to com!ensate an" loss or

suffered b" the reFuester=


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h8 im!ose an" of the !enalties under this act=

i) re$ect the a!!eal


41/63

overnment of %un*a&3epartment of Information +echno'og(

Administrative Reforms $ranch"

8otificationThe !5th @ ne, !002

8o<

conferred b" sub>section 7)8 of section 2@ of the Right to Information

*ct, 200& 7 entral *ct /o 22 of 200&8, and all other !owers

enabling him in this behalf, the +o'ernment of #un$ab is !leased to

make the following rules to !ro'ide for the matters s!ecified is sub>

section 728 of the said section, namel" >

R 7!

1< !hort tit'e and commencement:

7)8 These rules ma" be called the #un$ab Right to Information

Rules, 200@

728 The" shall come into force on and with effect from the

date of their !ublication in the -fficial +a ette

2< 3efinitions:

In these rules, unless the conte3t otherwise reFuires, >

7a8 O*ctP means the Right to Information *ct, 200& 7 entral

*ct /o 22 of 200&8=

7b8 O ommissionP means the #un$ab State Informationommission, constituted under section )&=


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7)8 The fee ma" be !aid in the following modes, namel"

%a$or Gead K 00@0>-ther *dministrati'eSer'ices

Sub>%a$or Gead K 60>-ther Ser'ices%inor Gead K C00>.ee under the Right to

Information *ct, 200&Sub>head K C6>.ee under the Right to

Information *ct, 200&Detailed Gead K 00@0>-ther *dministrati'e

Ser'ices60 < -ther Ser'ices > C00 < -ther

recei!ts < C6 < .ees under theRight to Information *ct, 200&

728 The amount of fee shall be credited to the account as

referred to sub rule 7)8

#ro'ided that the Boards ? or!orations and another *utonomous Bodies of the State, ma" get the amount ofreFuisite fee de!osited in their own account maintained b"them

7:8 -n recei!t of an a!!lication, submitted under sub>rule 7)8

of rule :, the State #ublic Information -fficer shall

scrutini e the a!!lication and shall assess how much fee


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is reFuired to be !aid b" the a!!lication for obtaining the

information

748 The fee, assessed under sub>rule 7:8, shall be informed to

the a!!licant b" the State #ublic Information -fficer in

.orm ED1 within a !eriod of ten da"s from the recei!t of

a!!lication

7&8 The intimation of re$ection of an a!!lication of the

a!!licant seeking information under the *ct, shall be

intimated b" the concerned State #ublic Information

-fficer concerned, in .orm E 1

768 The amount of fee collected under this rule, shall be

maintained in the cash register as s!ecified in .orm E.1

5< Duantum of fee:

7)8 *n a!!lication for obtaining an" information under sub>section 7)8 of section 6, shall be accom!anied with a fee

of ru!ees ten onl"

728 The following fee shall be charged for !ro'iding

information under sub>section 7)8 of section @, namel" >

7a8 ru!ees two for each !age 7in *>4 or *>: si e !a!er8

created or co!ied=

7b8 actual charge or cost !rice of a co!" in larger si e

!a!er=

7c8 actual cost or !rice for sam!les or models=


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7d8 for ins!ection of records, no fee for the first hour= and

a fee of ru!ees fi'e for each fifteen minutes 7or fraction

thereof8 thereafter=

7e8 for information !ro'ided in diskette or flo!!", ru!ees

fift" !er diskette or flo!!"= and

7f8 for information !ro'ided in !rinted form at the !rice

fi3ed for such !ublication or ru!ees two !er !age of

!hotoco!" for e3tracts from the !ublication

7:8 The a!!licant shall, while de!ositing fee under sub>rule728 of rule 4, shall also submit a self addressed en'elo!edul" stam!ed for su!!l"ing the information Stam!s onthe en'elo!e shall be affi3ed according to the mode ofsu!!l"ing the inforation, as desired b" the a!!licant i ethrough ordinar", registered or s!eed !ost

/< %rocedure to &e fo''o ed in deciding appea':

Before deciding an a!!eal, the ommission shall, >7a8 ser'e notice to the concerned !ersons=

7b8 entertain an" e'idence in su!!ort of a!!eal, which ma" be

oral or in writing from the concerned !ersons=

7c8 e3amine on oath or b" ha'ing affida'its from the !ersons

concerned=

7d8 !ersue or ins!ect the documents or an" records or co!ies

thereof=

7e8 inFuire through the authori ed officer, the facts of an

a!!eal or ma" reFuire facts in detail, if it so deems


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a!!ro!riate, hear the State #ublic Information -fficer or

officer senior in rank to State #ublic Information -fficer,

who had decided the first a!!eal, or an" other officer or

!ersons authorised in this behalf = and

7f8 recei'e e'idence on affida'its from the officer senior in

rank to State #ublic Information -fficer, who had decided

the first a!!eal or an" other officer or !erson authori ed in

this behalf from whom the e'idence ma" be deemed

necessar"

< )ode of serving notice: -

The ommission ma" ser'e notice to the !ersons concerned in

an" of the following modes, namel" >

7a8 b" hand deli'er" 7dasti8 through !rocess ser'er= or

7b8 b" registered !ost with acknowledgement due= or

7 8 b" !ublication in the news!a!er

< #rder &( the Commission:

7)8 The ommission shall make order in writing and

!ronounce the same on merits b" following the due

!rocedure

728 *fter the decision is !ronounced b" the ommission, it

shall intimate the same to the com!lainant and the State

#ublic Information -fficer of the De!artment or the !ublic

authorit" concerned


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< Repea' and !aving:

The #un$ab Right to Information Rules, 2006, are hereb"

re!ealed

#ro'ided that an" order made or action taken under the rules

so re!ealed, shall be deemed to ha'e been made or taken

under the corres!onding !ro'isions of these rules

Note:- The .orms E*1 to E.1 mentioned under these rules ha'ebeen incor!orated at !age /o H, )0, )2, )&, )6, and )C

$ome decisions of 7entral Information 7ommission (7I7) and

% n-a# $tate Information 7ommission ($I7) : -

) *!ril 06, 200@, Su!reme ourt -fficial told to a!!ear

before hief Information ommissioner I has directed? #I-

and *dditional Registrar of the Su!reme ourt to a!!ear

!ersonall" before ommission on %a" 2&, 200@ and alsoissued show cause notice as to wh" a !enalt" of Rs 2&0 ?> !er

da" from the date when the information was due to the date

when it actuall" su!!lied should not be im!osed under section

20 7)8 The information sought b" %r Aile" Singh, a 'illage

near Delhi

2 The Delhi Gigh ourt directed the #S on *!ril )@, 200@

to make !ublic the cut>off marks obtained b" candidates in

!reliminar" test of the i'il Ser'ices e3amination ODisclosure

of information as directed b" I cannot harm the interest of

the #S and an" third !art" The a!!roach of the I in this


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matter has been in correct !ers!ecti'e,P (ustice B D *hmed

said while u!holding the order of the I , which had directed

the commission to re'eal the marks The ourt also re$ected

the contention of the go'ernment bod" that the scaling s"stem

followed b" it was 'er" confidential and it was their intellectual

!ro!ert" which could not be re'ealed O .or scaling s"stem

nothing further needs to be done as in ma" 'iew the same

alread" stands disclosed b" the #S in the affida'it filed b" it

in the Su!reme ourt,P the court said after going through

'arious affida'its filed b" it in the a!e3 court (ustice *hmed,before whom the commission had !laced its method of scaling

s"stem in a sealed en'elo!, found that there was nothing

s!ecial in it and the same s"stem was followed all o'er the

world

/ow the #S has challenged the order of Delhi Gigh ourt in

the Gon1ble Su!reme ourt in %a" 0@

3. I issued a notice on .oreign Secretaries a!!ointment on

*!ril )4, 200@ The +o't of India, a!!ointed Shri Shankar

%enon as .oreign Secretar" in /o'ember, 2006 b"

su!erseding )6 -fficers including %s Sikri, Gigh

ommissioner, Banladesh who sought !re>mature retirementas a !rotest She re!resented the +o'ernment on this issue

but did not get satisfactor" re!l"

In %arch 200@, she made an a!!eal with I reFuesting that

she wanted to ins!ect all files dealing with the a!!ointments as


49/63

she was one "ear senior and wanted to see /oting file to know

how he had aged !ast her, as to whether the rules and

!rocedures b" the +o't in !rocessing the a!!ointment of

%enon who su!ersede )6 officers I issued notice to the

officers in the #%-s, abinet Secretar", De!tt of #ersonnel,

3ternal *ffairs %inistr" to a!!ear on *!ril 24, 200@ for hearing

%s Sikri1s a!!eal

I !anel com!rising hief Information ommissioner,

;a$ahat Gabibullah and ommissioner, - # 5a$ariwal heard

this case on *!ril 24, 200@ The #%- refused to !art with theinformation on the ground that the file notings regarding the

a!!ointments of .S are not co'ered under the RTI as such a

discloser would lead to Ounwarranted in'asion of the !ri'ac" of

the Indi'idual I.S -fficers screened for the !ost of .oreign

Secretar"P 7The #%- obser'ed that re'elation of !ersonal

information regarding candidates consider for the !ost of .S

did not ha'e an" relationshi! with !ublic acti'it" or interest and

said discloser of such information would amount to

unwarranted in'asion of the !ri'ac" of other indi'iduals in the

one of consideration8 The abinet Secretariat also o!!osed

discloser of information and argued that abinet #a!ers wereimmune under RTI and should not be !utting in !ublic domain

I , howe'er, obser'ed that there should be no harm in

disclosing such information The entire issue is in !ublic

domain and has reser'ed its orders


50/63

/ow %s %inu Sikri filed another com!laint with I about a

case of gender bias in Ist week of %a" 200@ The I on %a"

6 asked the abinet Secretar" to !roduce all the documents

!ertaining to the a!!ointment of Shri Shi'e Shanker %enon as

.oreign Secretar" in a sealed co'er on %a" )@, 200@ I also

directed the 3ternal *ffairs %inistr" to allow ins!ection within

)& da"s b" %s Sikri of the file on * Rs !ertaining to the

!romotion of .oreign Secretar" The decision is !ending

4. I fined Sat"a Thakur, nder Secretar" 7Gome8>cum>#I- on

on account of dela" in !ro'iding information to a local residentunder the RTI and latter after considering the re!resentation of

#I- sta"ed its own order on C %a", 0@

;hen %ahor Singh sought information which in'ol'ed

gathering data from different de!tts of T But certain records

were not a'ailable with the custodians1 of information which

became a ma$or basis for this order ;hen %ahor Singh was

denied information b" nder Secretar" 7Gome8 #I-, he

filed an a!!eal with (oint Secretar" 7Gome8 who !assed order

that since the record was not a'ailable and as such it could be

said to ha'e been denied information and the dela" had

occurred because of late recei!ts from other de!artments ofsecretariat Gowe'er, I ordered that whate'er is a'ailable

with the !ublic office that has to be su!!lied

Later the nder Secretar" made an re!resentation to the I

sa"ing that he has acted as !er !ro'isions of the act under


51/63


52/63


53/63

!enalt" be not im!osed on him for failure to deli'er the

information demanded

-n :0 0& 200@, none was !resent on behalf of the #I->SS#

The com!lainant stated that he has not recei'ed the

information, the commission obser'ed that the two directions

ha'e also not been com!lied with and it a!!ears that the

directions ha'e not been treated with the seriousness reFuired

b" law Therefore, the commission directed that on the ne3t

date that is 2@ 06 200@, the SS#, %ohali should !ersonall"

!resent and should also su!!l" the information as demandedBefore taking the final decision on im!osition of !enalt", the

commission ga'e another o!!ortunit" to the res!ondent SS# to

a!!eal !ersonall" before the commission on 2@ 06 200@ The

D+# was reFuested b" the ommission to ensure the

!resence of SS#, %ohali on the said date The SS# a!!eared

on 2@ 6 200@

6 Shri 5 R Bishist, a former S , #;D 7B R8 made a reFuest to

#I- in the office of Secretar" to +o't of #un$ab, De!tt of #;D

7B R8 for deli'ering him co!ies of * Rs for the "ear )HH2>H:

and )HH@>HC #I- initiall" maintain that the * R was not

traceable and did not !ro'ide the same Bishist made a

com!laint before the #SI and the commission 'ide order

dated .ebruar" 6, 200@ asked #I- to gi'e the same


54/63

#I- made the re!resentation before the commission b"

seeking e3em!tion from the discloser of the * Rs on the

ground that this was !ersonal information as defined under

section C 7)87$8 of RTI * T Ge further made a !lea that the

issue as to whether the * Rs could be disclosed was !ending

before the the three members bench of commission and the

final decision was awaited

Gowe'er, the a!!licant contested the arguments of #I- and

said that claim of e3em!tion was an after thought and it was

not o!en to #I- to make a fresh !lea now and further assertedthat the commission1s order dated 06 02 200@ had gi'en a

finalit" to the direction of the case which could not be re'oked

now *dmitting the com!lainant1s assertion, the commission

said the #I- !lea for e3em!tion could not be entertained at a

stage when it has alread" issued an order directing the #I- to

di'ulge the information sought from him The commission on

*!ril )6, 200@ directed the #I- to file an affida'it within a week

e3!laining wh" !enalt" should not be im!osed u!on him for not

su!!l"ing the information sought under RTI

The * Rs were !ro'ided to the a!!licant The #I- made

re!resentation to the commission that his intention was notmalafide and 'ital issue was in'ol'ed under section C and as

such he a!!roach the commission to reconsider its decision

and made some other submission The SI filed the case

@ RTI, record missing, !robe>sought


55/63

Lalit Sharma, who was the +eneral Secretar", +iani Aail Singh

ollege of ngineering Technolog" made a re!resentation to

the #resident of India on (une )), 2004, urged him to take

a!!ro!riate action in connection with the alleged recruitments

scandal took !lace between )HH@ to 2000 and due to this about

three thousand candidates has suffered The #resident -ffice

asked the then hief Secretar" to take the necessar" action on

this com!laint ;hen no res!onse has been recei'ed, he

sought the information under RTI *ct from the -ffice of hief

Secretar" *gain he did not recei'e the information Gea!!roached the State Information ommission ommission

send the notice to the #rinci!al Secretar", De!tt of Technical

ducation asked the staff to find out the rele'ant record ;hen

no record could be located, the #rinci!al Secretar" had written

a com!laint to the SS#, handigarh to register an .IR and

subseFuentl" in'estigate a matter !ertaining to the

mis!lacement of the office record of the De!artment The SI

has also been informed to this effect

C SI fined Dera Bassi BD#- of Rs 2&,000?> on )) 0& 200@ *

/agla based /+- 7The +ram (an 5al"an Sanstha8 through its!resident Sat"a Bhatia of Dera Bassis sought information from

BD#- about de'elo!ment works carried out in the 'illage

through +o'ernment grants and #ancha"at funds as /+-

alleged irregularties in the s!ending of the funds ;hen the


56/63

BD#- failed to !ro'ide information, the /+- filed an a!!eal

with the #SI The commission sought the re!l" from the

BD#- The BD#- informed the commission that the reFuisite

information has been su!!lied to /+- #resident in a letter

dated )4 )) 2006 Gowe'er, the com!lainant contested this

information and again a!!roached the commission The

commission asked the /+- to file another a!!lication with the

BD#- on *!ril &, howe'er, the BD#- failed to !ro'ide the

information The commission held the BD#- guilt" of dela"ing

information and fined Rs 2&,000?> chaired %s Ru!an DeolBa$a$ and %r Ra'i Singh %eanwhile, the BD#- 7!resent8

claimed that the case !ertaining to the tenure of the !re'ious

BD#-

H Shri #aram$it Singh, Science %aster 9s Secretar" 7 ducation8,

#un$abThe com!lainant 'ide his a!!lication dated (ul" 20, 2006 dul"

accom!anied b" a reFuisite fees sought a information relating

to his com!laint made against Shri Balbir Singh Saini,

#rinci!al, +o't Sr Sc School of District /awanshehr ;hen

he did not recei'e the information, he made the com!laint to

the SI , #un$ab -n /o'ember )&, 2006, the ommission

heard this case The com!lainant was not !resent ;hereas

Shri %adan Lal, *#I-?D - 7Secondr"8 for the res!ondant

de!artment was !resent The *#I- admitted that the


57/63

information was not su!!lied The ommission found from the

record that onl" interim communication dated 2H 0H 2006 has

been made b" the Su!erintendent 7Branch>I98 with a co!" to

the ommission, wherein it has been directed that the

necessar" information should be su!!lied The ommission

noticed that neither the information was su!!lied nor the

#I-?office of the Secretar", De!tt of ducation cared to file a

res!onse to the notice from the commission dated )) 0H 2006

Shri %adan Lal, *#I- on this date )& )) 2006 has brought with

him the co!" of the InFuir" Re!ort carried out u!on thecom!laint of Shri #aram$it Singh conducted b" De!ut" Director

7 ducation8 Gowe'er, the #I- has not brought the su!!orting

documents with the inFuir" re!ort which is incom!lete Ge has

also brought a final order !assed b" the Secretar" 7 ducation8

after the inFuir" re!ort These documents were not attested to

the true co!ies The ommission obser'ed that if these !a!ers

ha'e been filed for the information of the ourt, there is no

reason wh" these should not ha'e been su!!lied to the

a!!licant and the *#I- is now directed to su!!l" full

information as is reFuired in the a!!lication dated 20 0@ 200@

of Shri #aram$it Singh, including the statements of thewitnesses and other attending !a!ers of the InFuir" Re!ort

The commission directed that the !a!ers su!!lied should be

attested to be true co!ies and these should also be filed in this

court for record This ma" be done definetl" b" 2: )) 2006


58/63

and com!liance re!ort filed in this ourt on 2H )) 2006 without

fail

-n 2H )) 2006, none for the com!lainant was !resent whereas

%s Balbir 5aur, Sr *ssistant for the De!artment 7authorised

'ide on file8 and Shri 9ishal Shingari, lerk with her were

!resent The re!resentati'e of D#I stated that a !erson has

been de!uted with these !a!ers orders b" the commission to

su!!l" to the com!lainant toda", who has not "et returned to

submit the re!ort and therefore, the com!liance re!ort cannot

be filed The commission obser'ed this is not at all satisfactor"since the order has been !assed on )& )) 2006 that the

!a!ers were to be su!!lied b" 2: )) 2006 and com!liance

re!ort to be filed on 2H )) 2006 without fail The ommission

also find that the directions issued b" the Su!erintendent,

Branch I9 on behalf of #I- of the ducation De!artment on

2H 0H 2006 ha'e not been com!lied with and it is no use

issuing directions which are not acted u!on The ommission

ordered that the #I- of the Directorate as well as the

De!artment of ducation are directed to file the om!liance

re!ort immediatel" and also to show cause wh" !roceedings

under Section 20 of the RTI *ct, 200& be not initiated againstthem and the ne3t date fi3ed for 24 ) 200@

-n 24 ) 200@, none for the com!lainant were !resent, Shri

#ritam Singh, Su!erintendent, -ffice of D#I and Shri 9ishal

Shingari, lerk was !resent The ommission noted that the


59/63

two !ersons !resent were also !resent on the last occasion

ha'e made a com!letel" different re!ort regarding the status of

the re!ort The ommission found that the a!!licant has been

informed b" letter H ) 200@ that he should de!osit Rs 2?> !er

!age for 4) !ages so that the information can be su!!lied

The ommission obser'ed that it is rather strange that the fee

which is to be asked for under Section @ 7:8 of the *ct within :0

da"s of the recei!t of the reFuest, which was made on (ul"

20 2006, is now being sought after the issue of direction b" this

court on )& )) 2006, as 2H )) 2006 The ommission !ointedout section @ 768 wherein it is !ro'ided that the !erson making

reFuest for the information shall be !ro'ided information free of

charge where a !ublic authorit" fails to com!l" with the time

limit

The ommission concluded that the re!resentati'e of the #I-

ha'e been making false and misleading statements !ersonall"

and therefore, the" are hereb" gi'en an o!!ortunit" show

cause wh" action as s!ecified under section 20 should not be

taken against both of them and in case no e3!lanations are

filed and the" do not a!!ear, the action will be taken e3>!arte

Note: The com!lainant or on his behalf did not a!!ear on the threedates, e'en than the ommission heard this case under thes!irit of RTI

)0 Shri % R Singh 7Retd Q /8 com!lainant 9s #I- -?- (oint

Secretar", Irrigation De!tt , #un$ab 7 /o :4& of 20068


60/63

-n 2) 0H 2006, the res!ondents stated that the information reFuired

b" the com!lainant is nor clear= otherwise the" are !re!ared to

!ro'ide the same The !recise information reFuired b" the

com!lainant was therefore confirmed b" this court and it is as

follows

7)8 It is a fact that the !lacement of the com!lainant in #S >IIhas been a!!ro'ed b" the ##S , on the basis of his !romotionto #S >II i e w e f & @ )H@)

728 It is a fact that the de!artment has filed an affida'it in the#un$ab Gar"ana Gigh ourt, in which it was stated that the

om!lainant among other !etitioners, has been !laced in #S >

II w e f the dates of their !romotion7:8 The reason for gi'ing effect to !romotion in #S >II w e f

H ) )HC2 instead of & @ )H@)

The ommission directed the res!ondent to su!!l" the abo'e

information to the com!laint within )& da"s of the recei!t of these

orders and the ne3t date fi3ed for )H )0 2006 for confirmation of

com!liance-n the ne3t date, the com!lainant was !resent, and on behalf of the

res!ondent, %s Garmindor 5aur, Sr *ssistant The defendant

re!resenting the #I- reFuested for more time for collecting the

information The ommission was of the 'iew that the reFuest for

additional time was not reasonable as the answers were to be

!ro'ided seems neither to long nor com!licated that the" could not

be gi'en within fifteen da"s which was allowed The commission

ordered that the #I- ? Shri Samir 5umar, I*S, S!ecial Secretar",

Irrigation De!tt , #un$ab is gi'en an o!!ortunit" of show cause on


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the ne3t date of hearing i e H )) 2006 as to wh" the !enalt" of Rs

2&0?> for each da" that the order of this court were not com!lied with

and the reFuired information was not gi'en to the com!lainant, till

the date that this is done, should not be im!osed u!on him

-n ne3t date H )) 2006, the com!lainant was !resent, whereas Shri

Samir 5umar, S!ecial Secretar" and Shri Sh"am Lal, De!ut"

Secretar" were !resent The commission obser'ed that the nature

of information reFuired b" the com!lainant being the same? similar of

all three cases 7/o 2H), :4& :468 and are being dealt with b"

this single order The com!lainant is not entirel" satisfied with theinformation which has been !ro'ided *s a result, the res!ondent

has been re'ised to come again closel" to scrutini ing the !oints

raised b" the com!lainant in the three cases and re'ised his re!l" to

ensure that the" are rele'ant and to the !oint The e3!lanation

submitted b" #I-, S!ecial Secretar" Irrigation for the dela" caused

in furnishing the reFuired information has been scrutini ed and

found to be satisfactor" and !roceedings initiated against him are

therefore dro!!ed The commission further ad'ised to the

res!ondent to furnish the rele'ant re!l" , where'er necessar", to the

com!lainant before the ne3t date of hearing fi3ed for )4 )2 2006

-n this date non on behalf of the com!lainant or res!ondent was!resent Since the res!ondent has informed the commission that

the re!lies to 2H), :4& :46 was alread" sent to the

com!lainant, the com!lainant is not !resent, no further action is

reFuired and the matter is dis!osed off


62/63

)) Smt %an$it 5aur 9s #I-


63/63

the !hotoco!ies of the recei!t from the com!lainant regarding the

si3 documents su!!lied to her and the co!" su!!lied to the ourt for

record the commission obser'ed that Smt %an$it 5aur has been

dul" informed about the hearing for 2C 0: :00@ and as she has not

turned u!, it is therefore !resumed that she has nothing to sa" and

thus the com!laint is therefore dis!osed off

Documents

RTI Act-2005 Important Points