Hypothetical queries are beyond the purview of RTI Act
24 Nov, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the South East Central Railway Office seeking certain information on situation ‘if a railway employee writes about some gross irregularities going on in a Central Government institution in which he is undergoing training along with some other Govt. Employee…’. The Public Information Officer (PIO) informed the appellant that his queries are hypothetical in nature which is out of the purview of the RTI Act.
View of CIC
The Central Information Commission (CIC) agreed with the PIO that the appellant has not sought any material information as defined 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 RTI Act. The Commission rejected the appeal stating that his queries were totally based upon a hypothetical situation which he himself has created.
Comments
Applicants should adhere to the definition of ‘information’ as per the 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 RTI Act whenever they wish to seek information as per the RTI Act.
Citation: Mr. Vijay Kumar Tiwari v. South East Central Railway in File No. CIC/AD/A/2012/002201
RTI Citation : RTIFI/2012/CIC/816
Click here to view original RTI order of Court / Information Commission