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A

Question:

Are decisions of CIC binding on State owned Public Authorities?

(Last edited: Wednesday, 18 January 2023, 4:48 PM)
Answer:

CIC is the Apex Body of Central Government Organizations' and has the same Status of SIC. Their decisions / judgments can be referred to, but are pronounced based on a case to case basis. Hence CIC decisions are not binding on state owned pubic authorities.


Question:

Are Intelligence and Security Organizations' exempts from RTI Act?

(Last edited: Wednesday, 18 January 2023, 4:16 PM)
Answer:

Yes, but information pertaining to allegations of corruption and human rights violation have not been excluded.


Question:

Are Ministers in the Union Government and State Governments, deemed as public authorities under sec 2 (h) of the Act.

(Last edited: Wednesday, 18 January 2023, 4:48 PM)
Answer:

No. The High Court of Delhi in Union of India and others Vs CIC, set aside the decision of the CIC declaring 'Ministers as public authority, under Sec 2(h) of the Act.


Question:

Are opinions and advice 'information'?

(Last edited: Wednesday, 18 January 2023, 2:15 PM)
Answer:

Opinion and advice as recorded in the files and opinion obtained on file from other sections/departments are information. A request to generate and provide opinion or advice is not envisaged under the Act.

Question:

Are the PIO's expected to compile information and answer to hypothetical questions?

(Last edited: Wednesday, 18 January 2023, 4:48 PM)
Answer:

An Office Memorandum has been issued by the Department of Personnel and Training (DoPT), the Central Nodal Agency to oversee implementation of the RTI Act regarding collecting and compiling information by the PIO. As per Sec 7(a), information shall normally be given in the form in which it is sought by the requestor. This does not mean that s/he has to compile, re-shape or supply the conclusion from the material held by the Public Authority. S/he is not required to do research on behalf of the citizen to deduce anything from the material and then supply to him/her. The PIO is not expected to answer to non-existent information or hypothetical questions. In this regard it has been made clear that only such information which exists and is held in the public domain need to be disclosed.


Question:

Are the PIO’s expected to compile information and answer to hypothetical questions?

(Last edited: Friday, 20 January 2023, 12:37 PM)
Answer:

An Office Memorandum has been issued by the Department of Personnel and Training (DoPT), the Central Nodal Agency to oversee implementation of the RTI Act regarding collecting and compiling information by the PIO.  As per Sec 7(a), information shall normally be given in the form in which it is sought by the requestor.  This does not mean that s/he has to compile, re-shape or supply the conclusion from the material held by the Public Authority.  S/he is not required to do research on behalf of the citizen to deduce anything from the material and then supply to him/her.  The PIO is not expected to answer to non-existent information or hypothetical questions.  In this regard it has been made clear that only such information which exists and is held in the public domain need to be disclosed. 


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