ISBN : 9789356037779
Publisher : Commercial Law Publishers
No. of Pages : 496
M.R.P : Rs. ~~795~~/-
Price : Rs.625 /-
Price Inclusive of Delivery Charges

Contents at a Glance

CHAPTER 1 Origin and Development of Right to Information Law in India

1.1 Introduction	1
1.2 International movement for right to information	1
1.3 Secrecy to Transparency	4
1.4 The National Commitment for Freedom of Information as a Right	5
1.5 The Constitutional Scheme	6
1.6 Judicial Pronouncements	6
1.7 The demand for making the right enforceable in India	7
1.8 Rationale for law	9
1.9 The Standards for Information legislation	9
1.10 Codification of the Right to Information law in India	10

CHAPTER 2 Right to Information Act, 2005-Nomenclature and Preamable

2.1 Nomenclature	13
2.2 Object and Purpose of the Act	13
2.3 Preamble of the Act	14
2.4 Amendment to the RTI Act, 2005	20

CHAPTER 3 Extent, Commencement and Definitions (Sections 1 and 2 of the Act)

3.1 Extent	22
3.2 Commencement	22
3.3 Ambit of applicability- Public Authority	23
3.4 Interpretation of Section 2(h) of the Act by higher judiciary	24
3.4.1 Government Aided Schools	24
3.4.2 Government Controlled Body- Mother Dairy	25
3.4.3 Substantially financed	26
3.4.4 Punjab Cricket Association not a Public Authority	27
3.4.5 CJI as Public Authority	28
3.4.6 Office of Village Headman is a Public Authority	28
3.4.7 Temples as Public Authority	28
3.4.7.1	28
3.4.7.2 Substantially funded temples are public authority	28
3.4.7.3 DAV College trust and management society	29
3.4.8 Whether the Supreme Court of India and the Chief Justice of India are two Separate Public Authorities	30
3.5 Defining Information and Record	31
3.5.1	31
3.5.2 Unrecorded reasons not information	31
3.5.2.1 Minutes and Resolution which remains inconclusive and undecided/unsigned is not information	32
3.5.3 Information about Inaction not covered under Right to Information Act	32
3.5.4 Information about immovable property of Public Authority and Inspection of infrastructure not covered under the Act	33
3.5.5 Seeking opinion, Advice and Inferences	34
3.5.6 Missing Records conduct a credible inquiry/File an FIR	35
3.5.6.1 Inquiry for missing records	35
3.5.6.2 FIR for missing records	39
3.6 Right to Information - Section 2(j)	42
3.6.1	42
3.6.2 As such the Right to Information includes the right to:	43
3.6.3 Information in Public domain is outside the Puriew of the RTI Act	43
3.6.4 Giving Certified Copies & Certifying Information disclosure under the RTI Act	43
3.6.5 Work refers to Inspection of Documents and Records and not physical Inspection of work	44

CHAPTER 4 Records Management

4.1 Records Management	45
4.2 Report of Second Administrative Reforms Commission (ARC)	45
4.3 DoPT Instructions Regarding Records Management	47
4.4 Record Retention Schedules (RRS)	48
4.5 CIC direction for improving Records Management Systems and Procedures	49
4.6 Land Records Management	49

CHAPTER 5 Suo Motu Disclosure Under RTI Act

5.1 Suo Motu Publication	53
5.2 DoPT Guidelines on suo motu disclosure under section 4 of the Act	55
5.3 Direction of higher judiciary for strict compliance of Section 4 of the Act	70
5.3.1 To place all orders granting or denying remission to various life convicts on the MHA website and also Remission Rules need be suo motu disclosed 73
5.3.2 CIC directs MCI to place IMRS of all doctors in public domain	74
5.3.3 Charge Sheets /Challans and final reports filed in criminal cases not covered under Section 4(1)(b) and 4(1)(2) of the RTI Act	74
5.4 CIC to Monitor Suo motu Sisclosure	74

CHAPTER 6 Request to Response Request to Seek Information– Section 3

6.1 Section 3 of RTI Act stipulates that subject to provisions of the Act, all citizens shall have the right to information	76
6.2 Central Information Commission’s decision on Section 3	76
6.2.1 Applicant mentioning his designation/position	76
6.2.2 Foreigner	77
6.2.3 Association	77
6.2.4 Persons of Indian Origin (PIO)/ Overseas Citizens of India (OIC)	77
6.2.5 Office Bearers of Associations	78
6.2.6 Joint Filing of Application	78
6.2.7 Application on Letter Head of an Organisation Filed by a Government Servant	78
6.2.8 Identity Proof of Applicant	79
6.2.8.1 Doubt on the Citizenship	79
6.2.8.2 Suspicion of Possible Fraud Signatures	79
6.2.8.3 Company or Legal entity cannot seek information under RTI Act	79
6.3 PIO cannot Verify the authenticity of the applicant	80

CHAPTER 7 Appointment and Role of PIO/APIO/Deemed PIO

7.1 Appointment of Public Information Officers (PIOs)	81
7.1.1 Designation of PIOs	81
7.1.2 Level of PIOs	81
7.1.3 PIOs to be Appointed in Exempted Organisation Under Section 24 in (Second Schedule) of the Act	81
7.2 Designation of Assistant Public Information Officer (APIO)	82
7.2.1 Department of Post to Function as APIO	82
7.3 Deemed PIO	82
7.4 Setting up of RTI cells	82
7.5 Role and Functions of PIO	83
7.6 Protection to PIO under the Act	85
7.7 Presenting Your Case before CIC	85
7.8 Tips for PIOs/APIOs	88
7.9 CIC decisions on Designating and Role and functions of PIO	90
7.9.1 Designation PIOs [Section 5(1)]	90
7.9.1.1 Designation PIOs/APIOs [Sec 5(1)&(2)]	91
7.9.2 Deemed PIO responsible for any contravention of the ACT– Section 5(4) & 5(5)	91
7.10 High Court Judgments relating to role and function of PIO	94
7.10.1 PIO to apply his mind	94
7.11 Staff and time constraints is no excuse	94

CHAPTER 8 Filing Application for Obtaining Information (Section 6)

8.1 Procedure for Filing Application	95
8.1.1 Request for obtaining information	95
8.1.2 Payment of Fees	95
8.2 Methods of Requesting	96
8.3 Online Filing of RTI Application	96
8.4 PIO to Render Reasonable Assistance	96
8.5 No reason to be given	96
8.6 Transfer of Application	96
8.7 Decisions of High Courts and Central Information Commission on Section 6 of the RTI Act	96
8.7.1 Credentials of RTI Applicants	96
8.7.2 Reason or Nexus Applicant not relevant	97
8.7.3 Filing Joint Application	97
8.7.4 Using Post Box number as contact address	97
8.7.5 Motive of Requester is not relevant	98
8.7.6 Information sought should relate to the functioning of public Authority	98
8.7.7 Application must be made to the concerned CPIO	99
8.7.7.1 Seeking thousands of documents without payment of Fees by BPL card holder not permitted	99
8.7.8 Use of official Letter heads	100
8.8 Tips for Applicants to file a request for seeking information	101
8.9 Right conferred on citizens by RTI Act	103

CHAPTER 9 Disposal of Request for Information

9.1 Procedure for Disposal of request for Information	105
9.2 Disposal of Request	105
9.2.1 Time Lines	105
9.2.1.1	105
9.2.1.2 Exclusion of intervening time between cost asked and deposit	106
9.2.2 Fees and Cost	106
9.2.3 Assistance to sensorily disabled applicants	108
9.2.4 Representation made by third party to be considered by PIO	109
9.2.5 Reasons for Rejection of Request	109
9.2.6 Disproportionately Divert the resources of Public Authority	109
9.2.7 Form of providing information	109
9.3 High Court Judgements and CIC decisions on Section 7 of the Act	110
9.3.1 Payment of Fee	110
9.3.2 No Fees or Cost for BPL Category	110
9.3.3 Cost of Priced material to be charged	110
9.3.4 Information to be provided free of charge if not provided within the prescribed time frame	111
9.3.5 Disproportionately divert the resource	111
9.3.5.1 Bulky/Voluminous Information is not a ground for rejecting Request for Information	112
9.3.6 Disposal of request relating to Life and Liberty within 48 Hours	112
9.3.7 Charging fee in addition to the fees prescribed	113
9.4 Streamlining Receipt, Disposal and follow up RTI Requests	117
9.5 Suggested Format for giving information	121

CHAPTER 10 Exemption from Disclosure of Information [Section 8(1)]

10.1 Universal Declaration of Human Rights, 1948	122
10.2 International Covenant on Civil and Political Rights, 1966	122
10.3 Fundamental Right under the Constitution of India	123
10.4 Exemptions under RTI Act, 2005 Sections 8 and 9	124
10.4.1	124
10.4.2 Section 8(1) of the Act	124
10.4.3 Section 8(2) of the Act	125
10.4.4 Section 8(3) of the ACT	125
10.4.5 Section 9 of the Act: Grounds for rejection to access in certain cases	126
10.5 Classifications of Exemptions	126
10.5.1	126
10.5.2 Qualified exemptions can be further divided into	126
10.5.2.1 Class exemptions (Non prejudiced based)	126
10.5.2.2 Prejudice-based exemptions	126
10.5.2.3 Time limited exemptions	127
10.6 Supreme Court of India in The Institute of Chartered Accountants of India v. Shaunak H. Satya and Ors. Civil No. 7151 of 2011 has clarified classification of exemptions and held as under	127
10.7 How to Interpret Exemptions of Information vis-a-vis Disclosure Obligation under Act	128

CHAPTER 11 Applying Section 8(1)(a) – National Sovereignity and Integrity, etc.

11.1 Section 8 (1)(a) of the Act stipulates	131
11.2 Exemption based on Article 19(2) of the Constitution	131
11.2.1	131
11.2.2 Article 19(2) of the Constitution of India	131
11.2.2.1 Reasonable Restrictions under Article 19(2) of the Constitution	132
11.2.2.2 Security of the State	132
11.2.2.3 Friendly relations with foreign States	133
11.2.2.4 Public order	133
11.2.2.5 Decency or Morality	133
11.2.2.6 Contempt of Court	133
11.2.2.7 Defamation	134
11.2.2.8 Incitement to an offence	134
11.2.2.9 Integrity and Sovereignty of India	134
11.3 Judicial and Central Information Commission (CIC) Pronouncements on Section 8(1)(a) of the RTI Act	135
11.3.1 SECURITY	135
11.3.2 Economic Interest	136
11.3.2.1	136
11.3.2.2 Guidelines for selection of Tax payers for Scrutiny	138
11.3.2.3 Supply of instructions, directions, clarification relating to Scrutiny Policy	139
11.3.3 Incitement of an offence	140
11.3.4 Relations with Foreign State	141
11.3.4.1 Government of India funds for entertainment by diplomats abroad	141
11.3.4.2 Notes of External Affairs Minister	141
11.3.4.3 Tour details of Head of Missions	142
11.3.4.4 Sale of property in India owned by foreign Embassies	142
11.3.4.5 Report and Dossiers Relating to terrorist Activities are exempted under Section 8(1)(a) of the Act	143
11.4 Power to determine the applicability of exemption given in Section 8(1)(a) of the Act	144

CHAPTER 12 Application of Exemption Under Section 8(1)(b) (Contempt of Court)

12.1 Section 8(1)(b)	145
12.1.1 As such Section 8(1)(b) allows exemption on two grounds, namely	145
12.2 Matter being subjudice is not a ground for Claiming Exemption	145
12.3 Central Information Commission decisions on 8(1)(b)	145
12.3.1	145
12.3.2	146
12.3.3	146
12.3.4	146
12.3.4.1 Matter being Subjudice is no ground for denial of Information	147
12.4 Contempt of court	147
12.4.1 Contempt of Court as per Wikipedia	147
12.4.2 In India Contempt of Court is of two types	147
12.4.3	148
12.5	149

CHAPTER 13 Applying Breach of Privilege of Parliament – Section 8(1)(c)

13.1 Breach of Privilege of Parliament or the State Legislature	150
13.2 Parliamentary Privileges	150
13.2.1 Article 105 of the Constitution of India	150
13.2.2 Analysis of Article 105 of the Constitution Powers and Privileges of Parliament	151
13.3 Privileges of Parliament vis-a-vis Fundamental Rights	152
13.4 Need for Codification of Law relating to Privileges	153
13.4.1 The Press Commission in India, reporting in 1954 made the following recommendation	154
13.5 Decisions of Central Information Commission	155
13.5.1 Report of Commission set up under Commission of Enquiries Act	155
13.5.2 Documents pertaining to matter under consideration of JPC are not discloseable	169
13.5.3 Material circulated to the Committee/sub-committee of Parliament not to be disclosed	172
13.5.4 Part of Public Accounts Committee not placed on the table of House is exempted under section 8(1)(c) of the Act	174
13.5.5 Communications and correspondence exchanged between the audited entity and the AG should not be disclosed	176
13.5.6 CAG & PAC Paras- Not to Disclose before placed on Table of House	179

CHAPTER 14 Applying Section 8(1)(d)

14.1 Section 8(1)(d) of the RTI Act	180
14.2 Trade Secrets	180
14.2.1 Uniform Trade Secrets Act	181
14.2.2 Remedies for Infringement	181
14.3 Intellectual Property Rights	181
14.3.1 Categories of Intellectual Property Rights	182
14.4 Illustrative cases involving Section 8(1)(d)	183
14.4.1 Time-frame of exemptions	183
14.4.2 Harming competitive position	184
14.4.3 Priced publications	185
14.4.4 Access to Service Agreements	185
14.4.5 Information relating to Procurement	186
14.4.6 Public Private Partnerships	186
14.4.7 Technical Bid Documents	187
14.4.8 Annulled Tender Documents	190
14.4.9 Tax Data of Private Entity	191
14.4.10 Information regarding Structural drawings including all steel reinforcement details, foundation details, engineering calculations and soil tests, etc	191
14.4.11 Information relating to booking and supply of LPG cylinders	193
14.4.12 Information relating to Contracts	193
14.4.13 Contracts and PAN	193
14.4.14 Details of security and surety submitted to the Bank	194
14.4.15 Details of Accounts of Customers	194
14.4.16 Amount of compensation maintenance paid to a employee of public authority	195
14.4.17 Information related to Practice followed to stop Payment and cheque Dishonour	195
14.4.18 Information about auction	196
14.4.19 Information Relating to Bank Guarantee	196
14.4.20 Copy of Cheque	196
14.4.21 Details of Accounts of deceased by Legal heir	197
14.4.22 Information relating to Business brought by Development officer/Brokers	197
14.4.23 Inspection of the accounts of late father when will is under dispute	197
14.4.24 Account details of spouse	198
14.4.25 Information about NREGA Accounts	198
14.4.26 Details Relating to Personnel employed by contractor	198
14.4.27 Copies of Private Registered Documents	199
14.4.28 Copies of documents filed for registration to trade and taxes department	201
14.4.29 Disclosure of regulatory documents provided by Corporate involved in field trials of GM Agricultural Products in larger public interest	201
14.4.30 Valuer report, bill of lading, invoice, IGM etc. about specified containers	202
14.4.31 Documents showing payment made by insurance company to hospitals as per mediclaim policy	202
14.4.32 Copy of will duly certified made by his late mother	202

CHAPTER 15 Invoking Fiduciary Relationship Exemption Section 8(1)(e)

15.1 Section 8(1)(e) of the RTI Act	203
15.2 Fiduciary and Fiduciary Relationship	203
15.2.1 Fiduciary relationship under Section 8(1)(e) of the RTI Act	207
15.3 Decisions of Supreme Court and High Courts on application of Section 8(1)(e) of the Act	208
15.3.1 Relationship between Reserve Bank of India and other financial Institutions	208
15.3.2 An examining body cannot claim exemption of evaluated Answer books from Examinee claiming fiduciary relationship	209
15.3.3 Identity of the examiners not disclosable as relations between the Service Commission/ examining body and examiners is Fiduciary	212
15.3.3.1 Marks obtained in Interview are disclosable but the details of Examiners exempted	212
15.3.4 Information regarding Instructions and Solutions to Questions issued to the examiners and moderators is not disclosable	213
15.3.5 Names of the Members of the Interview Board – fiduciary relationship is not applicable. Exemption allowed under Section 8(1)(g)	214
15.3.6 Information about third parties (other candidates) especially about their qualifications and experience not disclosable	216
15.3.7 OMR/ORS (Computer evaluated examination Papers) are disclosable	216
15.3.8 Certified Copies of evaluated answer sheets of Departmental exam are disclosable	216
15.3.9 Method of scaling/Actualisation in an examination is disclosable	216
15.3.10 Relationship between the President and Governors is not fiduciary	217
15.3.11 Exemptions relating to the assessment of officials by their superiors is not covered as fiduciary relations	217
15.3.12 Question Papers of Multiple Choice type	218
15.3.12.1 Question Papers when question Bank is limited are not disclosable	218
15.3.13 Question papers of multiple choice when Question Bank is not limited are disclosable	218
15.4 Select Decisions of CIC on Fiduciary Relationship	220
15.4.1 Copy of the Complaint made against the Applicant in chain of command is disclosable	220
15.4.2 Access to evaluated answer sheets of candidates other than the appellant not allowed	220
15.4.3 Copy of enquiry report against the appellant is disclosable	220
15.4.4 Copies of evaluated answer sheet and interview marks are disclosable to the candidate	220
15.4.5 Question papers of highly specialised disciplines are not disclosable as the Question Bank is Narrow	221
15.4.6 Copies of Documents (Official, Demi official) statements of witnesses if any furnished by CBI for according sanction, the correspondence between CBI and ITI including record of discussion	221
15.4.7 Provident Fund Accounts of other persons not disclosable	223
15.4.8 Photocopy of the attendance register of the branch of the bank is disclosable	224
15.4.9 Consultation between the President and the Supreme Court cannot be disclosed	224

CHAPTER 16 Information Received in Confidence from Foreign Government- Section 8(1)(f)

16.1 Information Received in Confidence from Foreign Government—Section 8(1)(f) of the Act	225
16.1.1 Section 8(1)(f) of the RTI Act provides that	225
16.2 Inter connection and Inter dependence in World Affairs	225
16.2.1 Ingredients of Section 8(1)(f)	225
16.3 Illustrative Cases	226
16.3.1 Information received in confidence from U.K. Revenue and custom is exempted	226
16.3.2 Confidential information received by CBDT from German authorities is exempted	233
16.3.3 Information relating to order placed by Public Authority on Indian company which in turn supplied to foreign organisation cannot be exempted under Section 8(1)(f)	234

CHAPTER 17 Exemption Involving Life or Physical Safety or Identity of the Source of Information [Section 8(1)(g)]

17.1 Section 8(1)(g)	236
17.1.1 Components of Section 8(1)(g)	236
17.2 Section 8(1)(g) embodies two separate categories of information are embodied in Section 8(1)(g) for exemption	236
17.3 Possibility of threat or apprehension need be credible	237
17.4 Possibility of threat or apprehension need be established as credible	238
17.5 Supreme Court and High Court Judgements on invoking Section 8(1)(g)	238
17.5.1 Safeguarding Examiners/Evaluators/Scrutinisers	238
17.5.2 Identities of Examiners cannot be made public	239
17.5.3 Safeguarding interviewers/Experts	240
17.5.4 Disclosure of Interview Sheets are exempted	241
17.5.5 Safety of Informers	242
17.5.6 Disclosure of FIRs	242
17.6 Select Chief Information Commission orders on Application of Section 8(1)(g)	242
17.6.1 Copies of RTI Applications and their Replies filed by third Party	242
17.6.2 Roajanamcha (Daily activity sheet) of the Police station is exempted	243
17.6.3 Call details of telephones numbers of sensitive functionaries exempted	243
17.6.4 Names of the Signatories of Vigilance Reports	244
17.6.5 Resume including Academic, Professional and Qualification and Experience details of Interview Board Member	244

CHAPTER 18 Applying Section 8(1)(h) - Investigation

18.1 Section 8(1)(h)	245
18.1.1 PIO need to Establish that disclosure would impede process of Investigation or apprehension or prosecution	245
18.1.2 Mere existence of investigation cannot be ground for exemption	246
18.1.3 Exemption not available after criminal trial has concluded	246
18.1.4 Mere perception or an assumption that disclosure may impede prosecution of offenders is not sufficient	247
18.2 Onus to prove that denial of Information is justified is on PIO	247
18.3 Judicial pronouncements on application of Section 8(1)(h) in specific circumstances	248
18.3.1 Matter being Sub-Judice is not a ground for denial	248
18.3.2 Inter Connectedness of Documents with another ongoing enquiry is not enough to justify denial	248
18.3.3 Information already in public domain cannot be denied under Section 8(1)(h)	249
18.3.4 Inspection of Case Diary by accused exempted till the prosecution use it	249
18.3.5 Prosecution sanction Related Information	250
18.3.6 Disclosure of Investigative material including Investigation Report	251
18.4 Select Chief Information Commission orders on Application of Section 8(1)(h)	256
18.4.1 Copy of Major Penalty Recommendations sent by CBI to CVO	256
18.4.2 Copy of enquiry report of ongoing Enquiry not disclosable	256
18.4.3 Information relating to the status of appeal filed against the order of Disciplinary Authority is disclosable	257
18.4.4 Rejecting Information Sought without giving any justification as to how Section 8(1)(h) is applicable is untenable	257
18.4.5 Information relating to ongoing enquiry in Recruitment Matters is exempted	257
18.4.6 Case pending Prosecution at High Court denial justified	258
18.4.7 Information relating to ongoing case pending in Central Administrative Tribunal (CAT) – exemption not justified	259

CHAPTER 19 Accessing Cabinet Papers [Section 8(1)(i)]

19.1 Section 8(1)(i) of the RTI Act, 2005	260
19.2 High Court judgements on section 8(1)(i)	260
19.2.1 Prohibition from disclosure has limited time frame till the matter is complete or over in all respects	261
19.2.2 Decision of ACC regarding promotion/appointment not covered under Article 74 of the Constitution	262
19.2.3 Documents under preparation for submission to Cabinet are exempted	264
19.2.4 Papers pending consideration of the Cabinet are exempted	266
19.2.5 Potential Cabinet Papers are exempted	266
19.3 Conclusions drawn from the judicial pronouncements for invoking exemption given in section 8(1)(i)	267

CHAPTER 20 Unwarranted Invasion of Privacy [Section 8(1)(J)]

20.1 Section 8(1)(j) of the RTI Act	269
20.1.1 Amendment to Section 8(1)(j) of the RTI Act	269
20.1.2 Section 8(1)(j) consists of three parts	270
20.1.3 Exemption available for personal information having no relationship to any public activity	271
20.2 Personal information relates to person and not to Public Authority	272
20.2.1 Personal Information	273
20.3 Copies of the agreement/settlement arrived entered into by Public authorities with other entities are disclosable as they in relation to public activity	273
20.4 Officers Transfer Details are disclosable	274
20.5 Health Records of Convicts etc. disclose able in larger Public Interest	275
20.6 Bankers Obligation to maintain secrecy of Customer related Information	275
20.7 Income Tax Returns of Individuals, Trusts and Corporate	275
20.7.1 ITR of Charitable Trusts disclosable	275
20.7.2 ITR of Third-Party disclosable in Public Interest	276
20.7.3 Income Tax Return of individual assessee not disclosable given to informer	276
20.8 Information relating to financial matters, immovable property statements, show cause notices, charge sheet and service records of an employee are personal information and are exempted	277
20.9 Caste Certificates of Third Party not disclosable	278
20.10 Annual Confidential Reports of Third Party	279
20.11 Passport Details, Copies of Birth Certificates and Educational Qualifications are not disclosable	279
20.12 Copies of old Annual Confidential Reports recorded before Supreme Court judgment in Dev Dutt case	279
20.13 Third Party Personal Information cannot be disclosed in the absence of larger public interest established by the applicant	279
20.14 Minutes of Departmental Promotion Committee (DPC) not disclosable	280
20.15 Financial details of employees sought by spouse	284
20.16 Copy of caste certificate sought as estranged spouse	287
20.16.1 Seeking Personal Information about an employee	288
20.17 Sexual harassment complaints are not disclosable	289
20.18 Marks obtained by selected candidates in a Recruitment are disclosable	290
20.19 Medical facilities availed by Supreme Court Judges	290
20.20 Information on Transfer of Bank staff and other collateral matters	290
20.21 Disclosure of Marks, etc., regarding Civil Services Examination conducted by UPSC	290
20.22 Seeking details from developer of Property	291
20.22.1 Sanctioned Plan becomes a public document	292
20.23 Electoral Bond case	292
20.24 Documents/Information relating to Income tax exemption granted to Shri Ram Janmabhoomi Bhoomi Teerath Kshetra	293
20.25 Proviso below Section 8 (1)(j)	293
20.25.1 Delhi High Court in Vijay Prakash v. Union of India (supra) has also held	294

CHAPTER 21 Exceptions to Exemptions – Section 8(2) and Section 8(3)

21.1 Section 8(2) of the Act	296
21.1.1 Power under section 8(2) to apply public interest test vests with public authority and not PIO	296
21.1.2 Public Interest	297
21.1.3 Principles for determining public Interests	297
21.1.4 Factors to decide the public interest	297
21.1.5 Public Interest Vis-Vis Interest to public	298
21.2 Section 8(3) provides for minimising exemptions after twenty years	301
21.2.1 Misinterpretation of section 8(3) by PIOs and ICs	303
21.3 Record Retention Schedules and Section 8(3) of the RTI Act	303
21.3.1 Department of Personnel & Training, Ministry of Personnel, Grievances and Pensions, Government of India instructions on disclosure of information relating to occurrence /event/matter which took place 20 years back	304

CHAPTER 22 Infringement of Copyright (Section 9)

22.1 Section 9 of the RTI Act	306
22.2 Provisions of Indian Copyright Act having learning on section 9 of the RTI Act	306
22.3 CIC decisions on section 9 of the Act	309
22.3.1 Complaint of infringement of copy right need be inquired into	309
22.3.2 Scope of section 9 of the Act	313
22.3.3 Self-Appraisal Report and Self-Study Report of institutions submitted for accreditation to NAAC is not exempted under section 9 of the Act	323

CHAPTER 23 Severability (Section 10) and Third Party Information (Section 11)

23.1 Severability [Section 10 of the Act]	327
23.2 Third Party Information [Section 11 of the Act]	329
23.2.1	329
23.2.2 Definition of third-party	329
23.2.3 Mandate to PIO to follow third-party procedure and consider third-party submissions before taking any decision regarding disposal of RTI Request	330
23.2.4 First Appellate Authority under obligation to consider appeal of third-party against disclosure of information relating to third-party	330
23.2.5 CIC is mandated to give a reasonable opportunity of being heard to third-party	330
23.3 Procedure in respect of third-party information	330
23.3.1 Three conditions prescribed in Section 11(1) to invoke the process of third-party information	331
23.3.2 Timelines prescribed in section 11	333
23.4 Supreme Court and High Court judgments on third-party Information	333
23.4.1 No Veto Power with third-party	333
23.4.2 Section 11 contains only Procedural provisions which have to be complied with by PIO/FAA/CIC in both circumstances whether information relates to or has been supplied by third- party and is treated confidential per se or ex-facie	334
23.4.3 Citizenship is not relevant to determine status of third-party	336
23.4.4 Section 11 ensures that the principles of natural justice are complied with by Delhi High Court in Arvind Kejriwal v. CPIO& Anr in LPA no. 719/2010 and Arvind Kejriwal v. Union of India in LPA Nos. 291/2011 and LPA No. 292/2011 has held that	337
23.4.5 Third Party cannot contest disclosure for which consent given	337
23.4.6 DPC minutes and third party	338
23.5 DoPT instructions of application of third-party information provisions	339
23.5.1 Inter Departmental consultation between Public Authorities	339
23.6 CIC orders invoking section 11	340
23.6.1 Details about Building hired by Public authority	340
23.6.2 Details of loan sanctioned to a customer	340
23.6.3 Personal Information like family details, medical history, Property, etc.	340
23.6.4 Copy of Investigation report is a third-party information	340

CHAPTER 24 Filing of Complaint to The Information Commission (Section 18)

24.1 Receiving and Inquiring Into complaint by Information	342
24.2 RTI Rules, 2012 and draft Rules, 2017	343
24.3 Commission has no jurisdiction under section 18 to direct disclosure of information	345
24.4 Withdrawing Complaint	348
24.5 Distinct purposes for filing complaint vis-a-vis appeal	348

CHAPTER 25 Filing of Appeal (Section 19)

25.1 Appeal [Section 19]	350
25.1.1 Section 19 of the RTI Act has 10 sub-sections (1) to (10) as under:	350
25.2 Section 19 provides an appellate procedure to invoke superior jurisdiction to seek aid for correction of error of inferior forum	352
25.3 Appeal to the First Appellate Authority (FAA)	353
25.3.1 Who can file first appeal	353
25.3.2 Timelines for filing and disposal of first appeal	354
25.3.3 Format for filing appeal	354
25.4 Decision of First Appellate Authority/ PIO cannot be annulled by the administrative decision of the Public Authority	355
25.5 Second Appeal to the Commission	357
25.5.1 Who can file second appeal	357
25.5.2 PIO cannot file second appeal against the order of First Appellate Authority	357
25.5.3 Public Authority can file Second Appeal	358
25.5.4 Procedure relating to second Appeal - Right to Information Rules, 2012 .	359
25.5.5 Format for Filing Second Appeal	361
25.5.6 Right of filing second appeal even in the absence of FAA order 361
25.5.6.1 When CIC is aware about pendency of first appeal, it has no jurisdiction to pass orders	362
25.5.7 Right of being heard to third-party—section 19 (4)	362
25.5.8 Right of concerned parties being heard by the Commission	362
25.5.9 Illegal Orders Passed by the Commission	363
25.5.9.1 CIC can not direct declaration of Results	363
25.5.10 Onus of proof that denial of information was justified	363
25.5.11 Finality of the order of Commission	363
25.6 Writ Jurisdiction of High Courts and Supreme Court	364
25.7 Commission does not have Power to Review its Orders	364
25.8 Power to grant compensation- section 19(8)(b)	364

CHAPTER 26 Imposition of Penalty [Sections 20(1) and 20(2) Read with section 19(8)(c)] and Compensation [Section 19 (8)(b)]

(Supra) also directed that <

26.1 Penalty	365
26.1.1 Imposition of Monetary Penalty	365
26.1.1.1	366
26.1.1.2 Exercise of Power to impose penalty under Section 20 and 19(8)(b)	366
26.2 The issues to be considered in Second Appeal by Commission for Invoking Penalty jurisdiction under section 20(1) of the Act	366
26.3 Power to recommend Disciplinary Action	367
26.4 Supreme Court and High Court judgements on section 20	367
26.4.1 Reasoned order is required to be issued	367
26.4.2 Principles of natural justice have to be complied with before imposing penalty	369
26.4.3 Strict and Narrow Interpretation of Section 20 for imposing penalty	371
26.4.4 No penalty is to be imposed for reasonable delay or denial	371
26.4.5 No Right of Hearing to Appellant or Complainant in Penalty Proceedings	372
26.4.6 Appellant has no role in a Penalty Proceeding	372
26.4.7 Penalty provisions can be invoked to Secure Compliance with its orders	372
26.4.8 Penalty on Predecessor PIO	372
26.4.9 Penalty on Successor PIO	373
26.5 Recommendation of Disciplinary action [Section 20(2)]	373
26.5.1 Proviso to Section 20(1) is to be read as part of Section 20(2) also and Principles of natural justice require that PIO is be given opportunity of being heard	373
26.5.1.1 Proviso to Section 20 of the Act requires providing reasonable opportunity of being heard to PIO	375
26.5.2 Every default on the part of PIO may not result in issuance of recommendation of disciplinary action	375
26.5.3 High Court of Karnataka, Coram: C.M. Poonacha, J., Writ Petition No. 8288/2013(GM-RES); Dated 01st July, 2022	377
26.6 Compensation and Costs	377
26.6.1 Compensation to be based on the basis of loss and/or detriment suffered by the applicant due to denial of Information and not on extraneous consideration	377
26.6.2 Compensation for destroying information	378
26.6.3 Compensation for Unreasonably denial of Information	378
26.6.4 Compensation for not uploading the latest amendments to various Acts on the web site of Legal Department	379
26.6.5 Cost to be recovered from the salary of official Delhi High Court in Vansh Sharad Gupta case
379
26.6.6 Other grounds on which the Compensation has been allowed under section 19(8)(b)	379

CHAPTER 27 Overriding Effect of RTI Act [Section 22]

27.1 Section 22 of the RTI Act	380
27.2 Pre-eminence of the RTI Act and Rules over other Laws and Rules	380
27.2.1 RBI Act and Banking Regulation Vis-a-Vis RTI Act	380
27.2.2 RTI Act will prevail over Rules of organisation	381
27.2.3 Section 22 of RTI Act overrides Army Rules and DOP&T Instructions	382
27.2.4 Not only RTI Act, but also Rules Framed under RTI Act took Precedence over other Acts and Rules	382
27.2.5 Executive Instruction must yield to Statutory provisions under the RTI Act and Rules framed therin	383
27.3 No inconsistency	383
27.3.1 Companies Act read with Companies (Central Government) General Rules and Forms provides mechanism for seeking information - No Inconsistency	383
27.3.2 No inconsistency between RTI Act and Delhi Cooperative Societies Act	388
27.3.3 No Inconsistency in provisions of Registration Act and RTI Act	389
27.3.4 No Inconsistency in High Court Rules for seeking Information under RTI Act	390
27.3.5 Copies of Judicial proceedings of the court to be obtained using the Court Rules and not through RTI	391
27.3.6 No Inconsistency between provisions of RTI Act and the Anti-Dumping Rules	392
27.3.7 No Inconsistency in Section 138(1) and 138(2) of the Income Tax Act and RTI Act	393

CHAPTER 28 Bar of Jurisdiction of Courts [Section 23]

28.1 Section 23 of the RTI Act

394

CHAPTER 29 Exempted Organisations [Section 24]

29.1 Act not to apply to certain organisations [Section 24]	395
29.2 Scope of allegations of corruption and Human Rights violations and level of proof required for seeking information on that basis	396
29.3 Information relating to Establishment/Personal matters like number of vacancies fallen to the share of specified categories is disclosable	400
29.3.1 Establishment matters in Intelligence and Security agencies are to be disclosed under Human Rights violation clause under section 24 of the Act	401
29.4 Exclusion available for Core intelligence and security related information and not for information relating to other functions- Information relation to encroaches on Govt. Land disclosable	402
29.4.1 Similarly Manipur High Court in Shri Phairembam Sudesh Singh v. The State of Manipur & others W.P.( C) No. 642 of 2015 held :	403
29.5 No Retrospective Effect	403
29.6 Purpose of Exclusion under Section 24(1) of the Organisations is distinct than exemptions given under Section 8(1) of the Act- CBI Case	404
29.7 Information about corruption related complaints against officials of organisations is disclosable	405
29.8 Vigilance Manual is Disclosable	406
29.9 Entry in Visitors register on specific dates, etc. is not excluded	406
29.10 From the above judgements of the higher judiciary following conclusions can be drawn	407

CHAPTER 30 Imposition of Penalty [Sections 20(1) and 20(2) Read with section 19(8)(c)] and Compensation [Section 19 (8)(b)]

RTI Online-Overview Contributed by Sh. Deepak Bisht, JD (ISTM)	408
APPENDICES	415

THE RIGHT TO INFORMATIONACT, 2005

Chapter I: Preliminary
1. Short title, extent and commencement	417
2. Definitions	217
Chapter II: Right to Information and Obligations of Public Authorities
3. Right to information	422
4. Obligations of public authorities	423
5. Designation of Public Information Officers	424
6. Request for obtaining information	425
7. Disposal of request	426
8. Exemption from disclosure of information	427
9. Grounds for rejection to access in certain cases	428
10. Severability	428
11. Third party information	429
Chapter III: The Central Information Commission
12. Constitution of Central Information Commission	429
13. Term of office and conditions of service	430
14. Removal of Chief Information Commissioner or Information Commissioner	431
Chapter IV: The State Information Commission
15. Constitution of State Information Commission	432
16. Term of office and conditions of service	433
17. Removal of State Chief Information Commissioner or State InformationCommissioner	434
Chapter V: Powers and Functions of the Information Commissions, Appeal and Penalties
18. Powers and functions of Information Commission	435
19. Appeal	436
20. Penalties	437
Chapter VI: Miscellaneous
21. Protection of action taken in good faith	438
22. Act to have overriding effect	439
23. Bar of jurisdiction of courts	439
24. Act not to apply to certain organisations	439
25. Monitoring and reporting	440
26. Appropriate Government to prepare programmes	441
27. Power to make rules by appropriate Government	442
28. Power to make rules by competent authority	442
29. Laying of rules	443
30. Power to remove difficulties	443
31. Repeal	443
THE FIRST SCHEDULE	443
THE SECOND SCHEDULE	444

Mahabir Singh Kasana

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Right to Information Act, 2005 (Commercial House) Mahabir Singh Kasana

Contents at a Glance

CHAPTER 1

Origin and Development of Right to Information Law in India

CHAPTER 2

Right to Information Act, 2005-Nomenclature and Preamable

CHAPTER 3

Extent, Commencement and Definitions (Sections 1 and 2 of the Act)

CHAPTER 4

Records Management

CHAPTER 5

Suo Motu Disclosure Under RTI Act

CHAPTER 6

Request to Response Request to Seek Information– Section 3

CHAPTER 7

Appointment and Role of PIO/APIO/Deemed PIO

CHAPTER 8

Filing Application for Obtaining Information (Section 6)

CHAPTER 9

Disposal of Request for Information

CHAPTER 10

Exemption from Disclosure of Information [Section 8(1)]

CHAPTER 11

Applying Section 8(1)(a) – National Sovereignity and Integrity, etc.

CHAPTER 12

Application of Exemption Under Section 8(1)(b) (Contempt of Court)

CHAPTER 13

Applying Breach of Privilege of Parliament – Section 8(1)(c)

CHAPTER 14

Applying Section 8(1)(d)

CHAPTER 15

Invoking Fiduciary Relationship Exemption Section 8(1)(e)

CHAPTER 16

Information Received in Confidence from Foreign Government- Section 8(1)(f)

CHAPTER 17

Exemption Involving Life or Physical Safety or Identity of the Source of Information [Section 8(1)(g)]

CHAPTER 18

Applying Section 8(1)(h) - Investigation

CHAPTER 19

Accessing Cabinet Papers [Section 8(1)(i)]

CHAPTER 20

Unwarranted Invasion of Privacy [Section 8(1)(J)]

CHAPTER 21

Exceptions to Exemptions – Section 8(2) and Section 8(3)

CHAPTER 22

Infringement of Copyright (Section 9)

CHAPTER 23

Severability (Section 10) and Third Party Information (Section 11)

CHAPTER 24

Filing of Complaint to The Information Commission (Section 18)

CHAPTER 25

Filing of Appeal (Section 19)

CHAPTER 26

Imposition of Penalty [Sections 20(1) and 20(2) Read with section 19(8)(c)] and Compensation [Section 19 (8)(b)]

CHAPTER 27

Overriding Effect of RTI Act [Section 22]

CHAPTER 28

Bar of Jurisdiction of Courts [Section 23]

CHAPTER 29

Exempted Organisations [Section 24]

CHAPTER 30

Imposition of Penalty [Sections 20(1) and 20(2) Read with section 19(8)(c)] and Compensation [Section 19 (8)(b)]

THE RIGHT TO INFORMATIONACT, 2005

Mahabir Singh Kasana

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