Legal Reference Library

Madurai Bench of the High Court of Madras in S.Robinson Vs 1.Tamil Nadu State Information Commission has held that the Right to Information (RTI) Act, 2005 cannot be invoked at the first instance, if an effective alternative remedy is available to obtain such information. “Although the learned counsel appearing for the petitioner has elaborately made his submission and taken this Court through the Scheme of RTI Act, particularly, Sections 4, 8 and 22 of the RTI Act, I am unable to persuade myself that RTI Act can be invoked for all purposes regardless of the fact that there is existence of alternative effective mechanism provided under the respective departments for seeking information. If such recourse is encouraged and entertained it will destroy the very frame work of the respective mechanism which provides for furnishing information under the respective department,” Justice V. Parthiban observed. The Court was hearing a Petition filed by Mr. S. Robinson, challenging an order...

The Central Information Commission, in the case of Balendra Kumar vs Ministry of Labour and Employment, held that when information is being sought by the applicant, non-traceability of the file cannot be used as an excuse to deny the information sought. The complainant had sought details regarding certain specified files; however, the same was denied to him by the CIPO, on account of the file being missing. It was the claim of the respondent authorities that the file could not be traced despite their best efforts.

In Kanchan Alok v. CPIO, National Insurance Company Limited, the Commission observed that Issues raised in RTI application related to rules/guidelines primarily relating to transfer related papers to insurer post sanction of claim in vehicle theft case which ought to be suo motu disclosed as per Section 4 of RTI Act, 2005. Though Respondent submitted that all such information has been disseminated, it is essential that vital and critical information pertaining to rules for insurance claims should be widely disseminated and displayed on the website for the benefit of all concerned.

High Court of Delhi B.B. Dash v. Central Information Commission and Anr. Right to Information CPIO is to give sufficient reasons for denying supply of information on account of it being exempt Petitioner impugns order dated 22th November, 2016, whereby, CIC has held Petitioner – CPIO liable for not providing information to Respondents. It has been held that, Petitioner has failed to provide information without any cogent reasons. Maximum penalty, as prescribed, of Rs.25,000/- has been imposed on Petitioner. In facts of present case, Respondent No.2 had filed an application under Right to Information Act, 2005 dated 25th August, 2015 seeking certain information. Reply to said information was given. Since Respondent No.2 was not satisfied with reply given, a complaint under Section 18 of Right to Information Act, 2005 was filed with CIC. Said complaint under Section 18 of Act culminated in proceedings under Section 20 of Act leading to impugned order dated 22nd November, 2016. ...

The Supreme Court today upheld a decision of the Kerala High Court which had held that the Public Service Commissions (PSC) are within the purview of the RTI Act and are bound to provide scanned copies of answer sheets of the written test, copy of the tabulation sheet and other information sought under the Right to Information Act, 2005 (RTI Act). The judgment was delivered by a Division Bench of Justices MY Eqbal and Arun Mishra. The Kerala High Court in its judgment delivered on March 9, 2011, had held that the RTI Act will apply to State Information Commissions. In the process, the High Court had turned down the contention that the concept of “information” for the purpose of the RTI Act  has to be restricted to such information falling within the ambit of fundamental right to information as part of the fundamental right to freedom of speech and expression under Article 19 (1) (a). The High Court had consequently, directed the PSC to provide answer sheets and details of inter...