Many Indian citizens use the Right to Information (RTI) Act to access crucial information from government departments. However, sometimes applicants are asked to pay substantial fees for this information, leading to confusion and frustration. This case highlights a common query: Can a government department charge an applicant for the time spent staff, like a clerk, to compile the requested information? Let’s delve into this RTI case to understand the rules and protect your rights as an information seeker.
Background: What Information Was Sought
In this instance, an applicant filed an RTI application with the Department of Posts seeking specific information. The Public Information Officer (PIO) initially responded the applicant to pay a hefty sum of Rs. 19,000/- as a further fee to receive the desired information. This demand raised a red flag for the applicant, who then filed a second RTI application specifically asking for details on how this Rs. 19,000/- fee was calculated for the information requested in their first application. The PIO provided some information in response to this second application.
How the Public Authority Responded
The Public Information Officer (PIO) of the Department of Posts had demanded a significant amount of Rs. 19,000/- from the applicant. This demand was later clarified during the Central Information Commission (CIC) hearing. The PIO stated that this cost was incurred because a full-time clerk had to be engaged for an entire month to compile the vast amount of information the applicant had requested. The applicant, unfortunately, could not attend the hearing to present their side of the story.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the PIO explained the rationale behind the steep fee. They argued that the Rs. 19,000/- was specifically to cover the cost of employing a clerk for a month, whose sole task was to compile the extensive information sought RTI applicant. This explanation formed the crux of the case, as the applicant questioned the legitimacy of such a charge under the RTI Act.
The CIC Order and Its Significance
The Central Information Commission (CIC) made a crucial ruling in this case. It clarified that the fees chargeable under the RTI Act are strictly governed 7(1) and Section 7(5) of the Act. These sections outline the permissible fees for providing information, including charges for copies and printed formats. The Commission unequivocally stated that there is no provision within the RTI Act that allows for levying any additional or further fee for engaging the services of staff, such as a clerk, to compile information. Therefore, the CIC ruled that the PIO had wrongly demanded the Rs. 19,000/- fee. The Commission issued a warning to the PIO, emphasizing the need to adhere strictly to the prescribed fees under the RTI Rules and to provide a clear calculation of any further fee, as mandated 7(3) of the RTI Act, to the information seeker.
Key Lessons for RTI Applicants
- Lesson 1: Fees are Prescribed, Not Arbitrary: The RTI Act clearly defines the types of fees that can be charged, primarily for providing information in specific formats or for making copies. You cannot be asked to pay for the government’s internal administrative costs like staff salaries or the time spent to compile information, unless specifically provided for and within the prescribed limits.
- Lesson 2: Understand Fee Calculation: If a PIO demands a further fee, they must provide a detailed breakdown of how that amount was calculated, as per Section 7(3) of the RTI Act. Vague demands for large sums are not permissible.
- Lesson 3: Challenge Unjustified Fees: If you believe a fee demand is unreasonable or not in accordance with the RTI Act, you have the right to challenge it. This can be done a second appeal to the CIC if your initial appeal to the First Appellate Authority is unsuccessful.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office holds the information you need.
- Draft Your RTI Application: Clearly state the information you are seeking. Be specific to avoid ambiguity.
- Submit the Application with Nominal Fee: Pay the standard RTI application fee (usually Rs. 10/-) through a demand draft, Indian Postal Order, or cash, as prescribed rules.
- Respond to Fee Demands Correctly: If a further fee is demanded, carefully review the calculation provided. If it seems unjustified or not in line with the RTI Act, you can either pay it and seek clarification or appeal against it.
Sample RTI question you can use:
Please provide a detailed breakdown of the costs incurred in compiling the information requested in my previous RTI application dated [Date of previous application]. Specify the nature of work, the time spent official or staff member, and the basis for calculating any charges related to their time.
Conclusion
This CIC decision is a significant victory for RTI applicants, reinforcing the principle that access to information should not be unduly burdened charges. It empowers citizens to question unreasonable fee demands and ensures that public authorities adhere to the spirit and letter of the RTI Act. Always remember your rights and use the RTI Act effectively to hold the government accountable and access the information you are entitled to.
