The Commission has decided that domestic inquiries connected with departmental disciplinary proceedings could not be considered as 'investigation' and hence information related to domestic inquiries connected with disciplinary proceedings could not be rejected u/s 8(1) (h) of the RTI Act.
The Commission considered the question of rejecting the personal information of the requestor u/s 8(1) (j), on the ground that the disclosure of the information had no relationship with any public activity or interest. The Commission held that, in order that the disclosure of the information would cause unwarrraned invasion on the privacy of the individual, it should be an information related to an individual other than the requestor. What was exempted from disclosure u/s 8(1)(j) was the personal information of an individual other than the requestor and the personal information of the requestor was not covered u/s 8(1) (j).
The Commission also clarified that Postal charges and fee prescribed by other laws, rules and regulations could be demanded under section 7(3)(a) towards further fee, and included in the cost of providing the information.
An impression was held by some that applications/appeals addressed to the PIO/AA of a particular office of a public authority in the State could be submitted to the PIO of any public authority and, that PIO was under the obligation to transfer the request to the public authority concerned with the request/appeal concerned. The Commission had clarified that the application addressed to a PIO shall either be submitted before the PIO or the designated APIO of the public authority concerned and not to the PIO/APIO of any public authority. The position was the same with regard to submitting appeals also.
Some public authorities have complained that certain citizens were making repeated requests under the RTI Act on the same issue, thereby affecting the day-to-day functioning of the public authority/s. The Commission clarified that Section 2(f) read with Section 2(j) of the RTI Act gives the citizen the right to obtain information as held by or under the control of a public authority. Seeking explanation, clarification, interpretation, redressal of grievance, questionnaires etc. was not contemplated under the Act. Since no official was appointed exclusively for implementation of the Act, the Act has to be implemented without affecting the normal functioning of the public authorities. If a request is so exhaustive that it would divert the resources of the public authority, the public authority may make arrangements to all the applicant to inspect the documents / records and to take down notes and copies, as required by him, u/s 7(9) of the RTI Act.
In a landmark decision Chief Commissioner, Kerala State Commission for RTI, Shri. Palat Mohandas has ordered to give copies of answer sheets of examinations conducted by Kerala Public Service Commission to the applicants on request under RTI.Act. On an appeal, the Commission ordered that copies of answer sheets be given to the applicant after valuation and preparation of Rank List.
The Commission observed that such steps would only enhance the -transparency and accountability of the institution and help correct discrepancies if any that may occur at any stage. The Commission is of the view that giving copies of answer sheets will in no way hamper the procedure of appointment.
The Kerala State Commission has ordered that records relating to the Offices of Registration Department come under the purview of RTI Act. In an appeal, when a request under RTI Act to provide copies of documents and other records were declined by the Sub Registrar, the Commission ordered that all documents registered including wills, title deeds and bye laws of organizations come under the purview of this Act. Copies of all such documents should be provided to the applicants on submission of an application under RTI. However, Encumbrance Certificate is exempted from this since it is prepared after verifying certain documents. Basic information necessary for finding out the documents need to be given in the application. The Commission set aside the argument put forward by the Inspector General of Registration that as per the Registration Manual parties have to apply in form No. 515(A) to obtain copies of documents. Instead the Department was directed to provide information and copies of documents within the time limit of 30 days. This is a major breakthrough in Government to Citizen and Citizen to Government interface.
The Commission has come out with yet another landmark decision wherein the landed property statement filed by civil servants every year is now made open and is available under the RTI Act.
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