PIO: application filed in official capacity and not as a citizen of India - CIC: as long as the RTI application is signed by an individual who is a citizen of India, then notwithstanding the capacity in which such application is filed, it shall be valid
12 Dec, 2013Nature of punishment levied and a copy of annual confidential report of the appellant was denied u/s 3 – PIO: appellant has sought the information in his official capacity and not as a citizen of India – CIC: as long as the RTI application is signed by an individual who is a citizen of India, then notwithstanding the capacity in which such application is filed, it shall be valid; provide the information
ORDER
Information sought:
1- Nature of punishment levied against me during the period from 01/01/2004 to 31/12/2009.
2- Attested photocopy of my annual confidential report for the period 01/01/2005 to 31/12/2009.
Grounds for the Second Appeal: The PIO has refused to furnish the information under section 3 of the RTI Act.
Relevant Facts emerging during Hearing: The appellant stated that he has not received the information requested in his RTI application dated 18/08/2012. The CPIO’s representative stated that the appellant had sought the information in his official capacity and not as a citizen of India.
Decision notice:
In this regard it will be apt to quote the extract of a decision dated 15/07/2010 by the coordinate bench of this Commission in appeal No. CIC/SG/A/2010/001462 (S. Balaji Vs. PIO, RPFC, EPFO) holding as under:- “Section 3 of the RTI Act, which stipulates that all citizens shall have the right to information, confers such right on a distinct individual who is a citizen of India. In the instant case, the mere fact that the Appellant has signed his name in the capacity of Deputy Manager of Bajaj Allianz General Insurance Company Limited (“BAGIC”) does not mean that he has not filed the same as a citizen of India and cannot seek information under the RTI Act. The Appellant while filing the RTI application as a citizen is free to inform the PIO about his designations and positions that he might be holding. The Commission is of the view that so long the RTI application is signed by an individual who is a citizen of India, then notwithstanding the capacity in which such application is filed, it shall be valid. The Appellant, therefore, is a “citizen” within the meaning of Section 3 of the RTI Act.” It is apparent from the above decision that the CPIO’s representative’s contention that the information cannot be furnished as the petitioner has mentioned his designation in the RTI application/sought the information in his official capacity is without merit. The CPIO is directed to furnish the information requested by the appellant in his RTI application dated 18/08/2012, free of cost, within 7 days from the date of receipt of this order. The appeal is disposed of accordingly.
BASANT SETH
Information Commissioner
Citation: Mr. Mushtaq Ahmad v. Department of Posts in File No. CIC/BS/A/2012/001824/3943