Many citizens are hesitant to use their Right to Information (RTI) Act powers due to fear of repercussions or not knowing the proper procedure. This case highlights a critical aspect: while the RTI Act empowers you to seek information, it also comes with the responsibility of maintaining decorum. What happens if your RTI application contains objectionable language? Can you still get the information you need? This article breaks down a real RTI case to provide clarity and guidance.
Background: What Information Was Sought
An applicant filed an RTI application with the Department of Financial Services (DoFS). Their request was for details concerning the appointment and transfer of several officers, along with information about Transport Allowance claims. The Public Information Officer (PIO) of the DoFS provided some of the requested information, but not all.
How the Public Authority Responded
The PIO’s response was partial. While some information was disclosed, other parts of the request were presumably denied or not fully addressed, leading the applicant to escalate the matter further. The core issue that emerged during the proceedings was not just the information sought, but the manner in which it was requested.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), a significant observation was made. The CIC noted that the applicant had used “extremely objectionable and unparliamentarily language” in their RTI application when referring to the officers of the public authority. The Commission made it clear that such offensive language is unacceptable. The CIC emphasized that the RTI Act grants citizens the right to information, but it does not grant them the right to use offensive language while exercising this right. Fortunately for the applicant, they had proactively withdrawn a specific paragraph from their RTI application that contained this objectionable material, acknowledging that they had used inappropriate language. This withdrawal played a crucial role in the subsequent proceedings.
The CIC Order and Its Significance
Despite the applicant’s initial use of inappropriate language, the CIC directed the PIO to provide the information sought appellant. This was a crucial outcome. The Commission also addressed the denial of information related to the immovable property returns of officers. The CIC clarified that such information generally falls under the exemption provided by Section 8(1)(j) of the RTI Act. This section states that information relating to personal information, which has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy, is exempt from disclosure, unless the larger public interest justifies it. However, the CIC further directed the PIO to verify if any letter was written DFS to the vigilance section of the Department of Expenditure (DEA) concerning the appellant. If such a letter existed, it was to be provided to the appellant. This indicates that even if a category of information is generally exempt, specific instances or related correspondence might be disclosable if they meet certain criteria or if the public interest warrants it. During the hearing, the Commission had to repeatedly caution the appellant to maintain proper decorum and conduct themselves appropriately when appearing before the Commission, highlighting the importance of respectful engagement.
Key Lessons for RTI Applicants
- Lesson 1: Maintain Respectful Language: The RTI Act is a powerful tool, but it must be used responsibly. Avoid using offensive, abusive, or unparliamentarily language in your RTI applications. Such language can lead to your application not being heard or can negatively impact your case, even if you later withdraw it. Stick to factual and polite phrasing.
- Lesson 2: Understand Exemptions, But Don’t Give Up Easily: Be aware that certain information, like personal details of officers (e.g., property returns), might be exempt under Section 8(1)(j) of the RTI Act. However, this is not always absolute. If there’s a clear public interest or if the information is related to a public activity, you might still be able to obtain it.
- Lesson 3: Be Prepared for Procedural Requirements: The RTI process involves more than just asking questions. You need to adhere to the rules of engagement, especially when appearing before appellate authorities like the CIC. Maintaining decorum and cooperating with the proceedings is essential for a favorable outcome.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Ensure you are filing the RTI with the department that holds the information you seek.
- Draft Your Application Clearly and Politely: State your request in simple, objective language. Clearly number your points or questions. Avoid any personal remarks or offensive terms.
- Specify the Information Needed: Be precise about what information you require. For example, instead of asking generally about officers, specify details like “details of appointments and transfers of officers in Grade X during the period Y to Z.”
- Submit and Pay the Fee: Submit your application to the Public Information Officer (PIO) of the relevant department and pay the prescribed fee. Keep a copy of your application and the receipt.
Sample RTI question you can use:
Please provide details of any official communication between the Department of Financial Services and the vigilance section of the Department of Expenditure concerning [mention the specific issue or individual if relevant and publicly disclosable].
Conclusion
This case serves as a vital reminder that while the RTI Act is designed to empower citizens and promote transparency, it operates within a framework of rules and expectations. polite and objective language, understanding potential exemptions, and maintaining proper decorum, you significantly increase your chances of successfully obtaining the information you are entitled to. Remember, the goal is to seek information for public good, not to engage in personal attacks. File your RTI applications wisely and respectfully.
