Many of us file RTI applications hoping to get clear, reliable information from government departments. But what happens if you receive information that feels incomplete or not officially “addressed” to you? Does that make it less authentic? This recent case before the Central Information Commission (CIC) sheds light on this very important question for every RTI user in India. It clarifies how information provided through the RTI Act should be treated and what makes it official.
Background: What Information Was Sought
In this instance, an applicant filed an RTI application with the Oil and Natural Gas Corporation (ONGC). They were seeking details about various policies of the ONGC. The Public Information Officer (PIO) of ONGC provided the requested information in a point-wise manner. However, the applicant’s concern wasn’t about the accuracy or completeness of the information itself. Instead, their grievance was about the way the information was presented. The applicant argued before the CIC that neither the original source of the information within ONGC nor the PIO had directly addressed the information to them. They felt that because the PIO had merely forwarded an internal note, the information wasn’t “authentic” and couldn’t be used . The applicant believed that if the information had been formally addressed to them, it would have been considered authentic and served their purpose.
How the Public Authority Responded
The Public Information Officer (PIO) of ONGC responded to the RTI application the information as requested. They collected the necessary details from the relevant department within ONGC and sent it to the applicant. The PIO’s response was a formal communication forwarding the information. However, the applicant was dissatisfied with the perceived lack of direct address in the provided information, leading to the second appeal at the CIC.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the applicant reiterated their core argument: the information provided was not authentic because it wasn’t directly addressed to them. They claimed that the PIO had simply passed on an internal document. The applicant’s contention was that the act of an official body formally addressing information to the applicant is what lends it authenticity. Without this direct address, they felt the information was merely a forwarded note, lacking official weight. The applicant’s objective was to have the information officially acknowledged and sent to them, there its authenticity for their use.
The CIC Order and Its Significance
The CIC, after hearing the arguments, made a crucial observation. The Commission pointed out that the PIO’s role under the RTI Act is to obtain information from the “information holder” (the relevant department or official within the public authority) and then transmit it to the applicant. The CIC stated that the PIO had indeed collected the information from the appropriate source within ONGC and sent it to the applicant under a covering letter. The Commission found this to be a perfectly valid and standard method of transmitting information under the RTI Act. Therefore, the CIC dismissed the applicant’s apprehension that the information could not be treated as authentic. The Commission ruled that there was no legal basis for the applicant’s belief that the supplied information was not authentic simply because it was transmitted via a PIO’s covering letter. The appeal was rejected because the applicant’s concern about authenticity was deemed misconceived and misplaced.
Key Lessons for RTI Applicants
- Lesson 1: Understand the PIO’s Role: The Public Information Officer (PIO) acts as a conduit for information. Their primary duty is to facilitate access to information held public authority. Receiving information through the PIO’s official communication, even if it’s a forwarded document, is a legitimate way of obtaining information under the RTI Act.
- Lesson 2: Focus on Information, Not Format: The RTI Act is about accessing information. While clear and direct communication is always desirable, the format of the response (e.g., whether it’s an internal note forwarded or a specially drafted letter) should not be the primary basis for questioning its authenticity, as long as the information itself is accurate and relevant.
- Lesson 3: Authenticity is Established Transmission: Information provided PIO under the official letterhead and seal of the public authority, even if it originates from an internal note, is considered authentic. The official transmission process itself validates its genuineness for the purpose of the RTI Act.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or public sector undertaking holds the information you need.
- Draft Your Application Clearly: State precisely what information you are seeking. Be specific about dates, periods, and the nature of the information (e.g., policies, records, decisions).
- Pay the Application Fee: Submit the prescribed fee of ₹10 through the designated payment method (demand draft, IPO, or online, depending on the authority).
- Submit and Track: File your application with the PIO. Note down the date of submission and keep a copy for your records. You can track your application’s status and follow up if necessary.
Sample RTI question you can use:
Please provide a copy of the current policy document pertaining to [mention the specific policy area, e.g., employee leave, procurement procedures, public welfare schemes] as held department. If there have been amendments, please provide details of the latest version and any preceding versions if readily available.
Conclusion
This CIC decision serves as a valuable reminder to all RTI users. The RTI Act empowers citizens to access information, and the process is designed to be straightforward. While it’s essential to scrutinize the quality and relevance of the information received, the format of its transmission should not be a barrier to its acceptance as authentic, provided it comes through the official channels of the PIO. Always focus on the substance of the information and ensure it is officially conveyed to you. If you are seeking policy details, remember to frame your request clearly and understand that information provided through the PIO is a legitimate and authentic source under the RTI Act.
