Many ordinary citizens often need specific information from government departments, especially regarding employment, promotions, and job roles. When this information isn’t readily available, the Right to Information (RTI) Act, 2005, becomes a powerful tool. This article breaks down a recent RTI case that highlights a crucial point: if the information you seek is spread across multiple government bodies, you might need to file separate RTI applications. Understanding this can save you time and ensure you get the information you’re entitled to.
Background: What Information Was Sought
An applicant filed an RTI application with the General Administration Department seeking detailed information about government drivers. The request had twenty-seven specific points. These included queries about whether the driver post is considered ‘technical’, the age limit for filling these posts, specific duties for drivers in a special grade, information related to their promotions, and whether a Grade D employee could drive government vehicles if regular drivers were available. The Public Information Officer (PIO) of the General Administration Department provided some information point-wise. However, the First Appellate Authority (FAA) clarified that while the PIO had provided complete information pertaining to their own office, the applicant would need to approach the Public Information Officers of various other departments of the Government of Delhi to obtain all the information related to the drivers’ roles and conditions across the entire government structure.
How the Public Authority Responded
The initial PIO provided information that was available within their department. However, the core of the applicant’s request involved information likely held departments responsible for different aspects of driver recruitment, promotion, and operational guidelines. The FAA’s response was crucial here, indicating that the information was not centralized and that the applicant’s scope of inquiry extended beyond the General Administration Department’s records. The applicant felt their RTI application was not properly transferred to other departments, leading them to pursue the matter further.
The CIC Hearing: What Happened
The case eventually reached the Central Information Commission (CIC). During the hearing, the appellant argued that their RTI application should have been transferred to other departments for a comprehensive response, as per the provisions of the RTI Act. The appellant believed that all the requested information should have been gathered and provided, or at least the application should have been forwarded to the appropriate authorities. The CIC, however, reviewed the nature of the information sought and the existing government structures. They referenced previous circulars from the Department of Personnel and Training (DoPT) which guide the handling of RTI applications when information is held public authorities.
The CIC Order and Its Significance
The CIC, in its decision, advised the appellant to file separate RTI applications with the PIOs of each individual department that would hold the relevant information. This means that instead of one application covering all departments, the applicant would need to identify and contact the specific PIOs in each relevant department. The Commission directed the PIO of the General Administration Department to formally inform the appellant in writing about certain points. Specifically, the PIO had to confirm that the post of Driver is not classified as ‘technical’. They also had to state that there was no information on record to suggest that a driver’s duty is determined , nor was there a specified timeframe for Departmental Promotion Committees (DPCs) to meet regarding driver promotions. Additionally, the PIO had to confirm that no information about facilities provided to the Association of Drivers was available on their records. The Commission also mandated the PIO to provide a copy of the Recruitment Rules (RR) as requested appellant. This order emphasizes that while RTI is a powerful tool, applicants must understand the jurisdiction and information-holding capacity of each Public Authority.
Key Lessons for RTI Applicants
- Lesson 1: Information Mapping is Crucial: Before filing an RTI, try to understand which government department or authority is most likely to hold the information you need. If your request touches upon multiple aspects (e.g., recruitment, promotion, policy), it might involve several departments.
- Lesson 2: Understand RTI Transfer Provisions: While Section 7(3) of the RTI Act allows a PIO to transfer an application to another Public Authority if the information sought is held , this is not always straightforward when the information is fragmented. The CIC’s advice here suggests that in complex cases, filing separate applications might be the more effective route, especially if the PIO doesn’t have a clear mechanism to compile information from various sources.
- Lesson 3: Be Specific and Realistic: Clearly define your information needs. In this case, the applicant had 27 points, some of which were specific to the General Administration Department, while others were broader and likely held entities. Being specific helps the PIO respond, but also helps you structure your approach.
How to File a Similar RTI Application
- Identify the Relevant Public Authority: Determine which department or office is most likely to possess the information you need. If it’s about job roles and promotions for government drivers, it could involve the department of personnel, the specific department where drivers are employed, and perhaps the finance department for any related benefits.
- Draft Your RTI Application Carefully: Clearly state your request, using simple language. Number your points for clarity.
- If Information is Scattered, File Multiple Applications: Based on the CIC’s advice in this case, if you suspect the information is held departments, it is advisable to file a separate RTI application with the PIO of each concerned department.
- Pay the RTI Fee: Attach the required fee (usually ₹10) in the prescribed manner (cash, demand draft, or postal order).
Sample RTI question you can use:
Please provide a copy of the Recruitment Rules (RR) for the post of Driver in your department. Also, please clarify whether the post of Driver is classified as technical or non-technical, and state any age limits prescribed for recruitment to this post.
Conclusion
This case serves as a valuable reminder for all RTI users. While the RTI Act empowers citizens to seek information, it’s essential to approach the process strategically. Understanding the structure of government and the potential distribution of information across various departments can significantly improve your chances of getting a complete and timely response. If your query spans multiple areas of governance or multiple entities, don’t hesitate to file targeted RTI applications to each relevant Public Authority. This proactive approach ensures you leverage the RTI Act to its fullest potential and obtain the information you are entitled to.
