Can CAT direct the All India Radio to grant a promotion to the appellant?
7 Oct, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Central Administrative Tribunal (CAT). He wanted to know if CAT could direct the All India Radio (AIR) to give him promotion on some statutory amendment of a certain recruitment rule. The Public Information Officer (PIO) informed the appellant that he could make an application to the CAT under its rules for the redressal of his grievance if the matter fell within its jurisdiction. The First Appellate Authority (FAA) also denied the information observing that it was not the duty of the PIO to respond to hypothetical questions nor could he offer any interpretation.
Proceeding
During the hearing before the Central Information commission (CIC), the appellant argued that that he was entitled to get the advice of the PIO since the definition of information given in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the Right to Information (RTI) Act included opinion and advice.
View of CIC
The Central Information Commission (CIC) stated that the opinion and advice appearing in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; refer to any such opinion or advice which the public authority might have obtained and which form part of the records; these expressions did not refer to any opinion or advices which did not already exist. The Commission further held that under the RTI Act, the citizen cannot seek the opinion or advice of the PIO on any matter unless such opinion or advice already exists with the public authority. The Commission rejected the appeal stating that the PIO had very rightly referred the appellant to the relevant rules under which he could always approach the CAT for redressing his grievance.
Citation: Mr. Deba Prasad Dutt v. Central Administrative Tribunal in File No.CIC/SM/A/2011/001923
RTI Citation : RTIFI/2012/CIC/707
Click here to view original RTI order of Court / Information Commission