Using RTI for obtaining information regarding irregularities in the Commonwealth Games
15 Nov, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Prime Minister’s Office (PMO) sought information regarding the alleged irregularities in the Commonwealth Games. The Public Information Officer (PIO) provided the copies of all the available records as sought by the appellant. In one of his queries, the appellant wanted the PIO to provide the reasons for certain action taken or not taken by the Prime Minister on issues brought to his notice by successive Minister of Sports in regard to the Commonwealth Games. The PIO observed that this was a matter of opinion and could not be addressed under the Right to Information (RTI) Act.
Proceeding
During the hearing before the Central Information Commission (CIC), the appellant argued that he was mainly interested in knowing if the provisions of section 4(1)(d) Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. of the RTI Act had been complied with in this case. He wanted to know if adequate reasons had been adduced by the competent authority for taking or not taking any action in this case when the matter had been brought to its notice.
View of CIC
The Central Information Commission (CIC) observed that the PIO is supposed provide the information available in material form. If the available records do not contain any set of reasoning for any action taken or not taken in any particular case the PIO could not help. The Commission added that the public authority has not recorded any such reasons or has not communicated to the affected persons about that the RTI Act does not provide any remedy or any penalty. The CIC held that all available information has already been provided and there is nothing more left to be disclosed. The appeal was disposed of accordingly.
Comments
Section 4(1)(d) Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. makes it mandatory for the public authority to provide reasons for its administrative or quasi-judicial decisions to the affected persons. It is one of the provisions the proper implementation of which can bring about a radical change in the way the work is done in the country.
Citation: Mr. C L Pawar v. Prime Minister’s Office in File No.CIC/SM/A/2012/000684
RTI Citation : RTIFI/2012/CIC/800
Click here to view original RTI order of Court / Information Commission