CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2009/900352 dated: 11.11.2008
Right to Information Act 2005-Section 18(1) (f)
Complainant: Shri Chanderkant Jamnadas Karira
Respondent: Vice-President's Secretariat, New Delhi.
Decision Announced 08-01-2010
Facts
:-
The Commission has received a complaint from Shri Chanderkant
Jamnadas Karira of Secunderabad, against the secretariat of Vice President of
India alleging that the public authority has prescribed a specific form for seeking
information under RTI, seeking declaration from the applicant while seeking the
information, payment of fee payable to the DDO of the Public Authority and to
provide for the details like gender, date of birth etc. which is in contravention to
various provisions of the Right to Information Act. The complainant has made his
complaint both before the appellate authority and the CPIO of the Vice President
Secretariat before moving to this Commission.
Admitting Shri Karira’s complaint petition under Section 18 (1) (f) of the
said Act the Commission called for comments by our notice dated 7th Sep, 2009.
The Director who is CPIO, Vice President’s Secretariat, has informed this
Commission by letter of 9th Sep., 2009 that ‘It is mentioned that a complaint was
received from Shri Chanderkant Jamnadas Karira through e-mail on 23rd
October, 21008 to the First Appellate Authority, Vice-President’s Secretariat and
the CPIO, Vice President Secretariat, No. 6, Maulana Azad Road, New Delhi,
reply of the same was sent by CPIO by e-mail on 7th November, 2008 Copy of
which was also sent to CIC at their email ID cic@nic.in.
In this regard response was received by the applicant Shri C.J. Karira on
the same day stating “I very much appreciate your clarifications, but at the same
time would like to inform you that since I have already filed a complaint under
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Section 18(1) (f) against the Public authority, it would be proper if we wait for the
CIC to conduct a hearing of the Complaint and pass appropriate orders”
Decision Notice
The issues raised by the complainant are the bare minimum that a Public
Authority should put in place. We find sense in the objections raised by the
complainant requiring simply an interpretation of the application of the Act by a
public authority.
We examine first the issues raised by the complainant at item No. 1, 3 and
4:
1. The Public Authority has prescribed a specific form for seeking information
under the RTI Act 2005.
2. Further the prescribed format asks for the information seeker to provide
information like “Gender, Date of Birth, Father’s full name, Mother’s full
name,” etc.
3. The prescribed format further seeks a “Declaration from the Applicant”
which, amongst other oaths, also requires the applicant to “…….. owe
allegiance to the sovereignty, unity and integrity of India……”
In our decision No. CIC/C/1/2006 dated 30th January, 2006 has already
decided that, “No department is proscribed for designing an application format
facilitating identification and therefore ease of access to information sought. In
its statement of object and reasons the RTI Act is to promote transparency and
accountability in the working of every Public Authority, hence it is incumbent
upon any Public Authority prescribing a format that it remains simple and
comprehensible as well as acceptable to common folk”.
We have also examined circular No. 1/2/2007-IR dated 23rd March, 2007
issued by the DoPT at para 5 (IV) that reads “Applications submitted by the
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applicants are not refused on the ground that it has not been submitted in
prescribed format.”
It is therefore, generally accepted that there is no bar to a public authority
prescribing a format. However, if an application is submitted by an applicant it
cannot be refused simply on the ground that it has not been submitted in the
prescribed format. The letter sent by Shri Ashok Dewan to Shri Karira also
clarifies that the application under RTI can be submitted with them on any format
and the prescribed application form is not mandatory. This form is prescribed
only for guidance. DoPT in their circular 1/2/2007-IR dated 23rd March, 2007 and
1/4/08-IR dated 25th April, 2008 have clarified this issue. Para 3 of F.No.
1/2/2007-IR dt. 23.3.2007 reads “The Act or Rules notified by the Government do
not prescribe any format of application for seeking information.”
On the other hand, we see that the Vice President’s Secretariat in the
format prescribed asks for the Gender, date of Birth, Father’s full name and
mother’s full name, proof of residence etc. which is indeed in contravention to
section 6(2) of the Right to information Act, 2005 which reads “An application
making request for information shall not be required to give any reason for
requesting the information or any other personal details except those that may be
necessary for contacting him 1 .”
We have also examined that the prescribed format further seeks a
declaration from the applicant which amongst other oaths also requires the
applicant to “…..owe allegiance to the sovereignty, unity and integrity of
India……” Sec 3 of the Act no doubt mandates that “all citizens should have the
right to information” A bare minimum requirement for a citizen who desires to
obtain any information under this Act is that he shall make a request in writing or
through electronic means in English or in Hindi or in the official language of the
area in which the application is being made. It is clear therefore, that asking the
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Underlined by us for ease of reference
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applicants to declare any form of allegiance is ultra vires. For this reason it is
recommended that it is only in cases where there is a reasonable doubt as to the
citizenship of the applicant that the public authority may seek proof of citizenship,
which presumably is the objective of the above clause
The Vice President’s Secretariat is a public authority governed by rules
notified in the Official gazette by the Govt. of India, as per Sec 27 and by the
President of India u/s 28. Accordingly the Vice President’s Secretariat is hereby
directed under section 19(8)(a) of the RTI Act to modify the format for seeking
information in such a way that it does not come in conflict with any of the
provisions of the Act and Rules made thereunder, as discussed above.
We now examine the issues raised by Shri Karira at item 2 of his prayers
before us.
“The instruction for obtaining information, as available on the
website, obligate (the word used is “shall”) that the instruments for
payment should be” …. Payable to the Drawing and Disbursing
Officer, Vice President’s Secretariat.”
We have examined the procedure for obtaining the information available
on the website of Vice President Secretariat reading “The application for
obtaining information shall be accompanied by an application fee of rupees ten
by way of cash against proper receipt or by demand draft or bankers cheques
payable to the Drawing and Disbursing Officer, Vice-President’s Secretariat”.
The power to make rules in regard to the cost or fee payable for seeking
information is that of the appropriate Government. The Vice President’s
Secretariat is hereby directed under Section 19(8)(a) to ensure that payment
details of fees to be paid by a citizen are in keeping with the Right to Information
(Regulation of Fee and Cost) Rules 2005 & the amendments to the 2006. The
complaint is allowed on the above terms.
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Announced this eighth day of January 2009. Notice of this decision be
given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
08-01-2010
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of
this Commission.
(PK Shreyaskar)
Jt. Registrar
08-01-2010
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