Have you ever wondered if a Public Information Officer (PIO) can simply pass your RTI application to a colleague within the same department? This is a common concern for many citizens seeking information, and a recent case before the Central Information Commission (CIC) sheds light on this crucial aspect of the Right to Information (RTI) Act, 2005. Understanding how your RTI application should be handled, including the permissible ways it can be transferred, is vital for getting the information you are entitled to.
Background: What Information Was Sought
In this case, an RTI applicant approached the Department of Posts (DoP) with a specific request. They wanted to know the total number of account holders in various postal savings schemes like the savings bank, Monthly Income Scheme (MIS), and Public Provident Fund (PPF) across all sub-post offices in the Bangalore Urban Area for the financial years 2009-2010 and 2010-2011. Additionally, the applicant sought details on the monthly turnover or collections at these same post offices during the specified financial years. The PIO initially provided some information, but the applicant felt it was not complete.
How the Public Authority Responded
During the hearing at the CIC, the applicant pointed out that they had specifically asked for information from each sub-post office, but only a consolidated number of accounts was provided. The PIO argued that the detailed information requested was not compiled at a central level and was dispersed across 187 sub-post offices. They contended that compiling this data would disproportionately divert the resources of the public authority. The PIO also suggested that the applicant could file fresh RTI applications with other PIOs responsible for the Bangalore Urban area, who would then transfer those applications to the respective sub-post offices for direct response. The applicant countered that instead of doing this, the PIO should have either sought assistance from a colleague under Section 5(4) of the RTI Act or transferred the application as per Section 6(3). The applicant further demanded that the PIO be penalized under Section 20 for not providing the information correctly.
The CIC Hearing: What Happened
The CIC heard both sides of the argument. The applicant reiterated their grievance about receiving consolidated rather than sub-post office-wise data and the PIO’s failure to properly transfer or seek assistance for the information. The PIO maintained their stance that compiling data from 187 sub-post offices was an unreasonable burden and suggested alternative routes for the applicant. The core issue revolved around the PIO’s handling of the application – whether they correctly processed it or if their actions amounted to a denial or delay of information.
The CIC Order and Its Significance
The Commission acknowledged a crucial principle under the RTI Act: a PIO is expected to provide information that is readily available with them. They are not obligated to collect, compile, or create new information solely upon a requester’s demand. The CIC agreed with the PIO’s contention that gathering data from 187 sub-post offices would be an onerous task, potentially hindering the scrutiny of public actions. However, the CIC also found fault with the PIO’s approach. They ruled that the PIO should have either sought the assistance of a colleague in the office of the Director of Accounts (Postal) Bangalore, who would have had access to the relevant information, or formally transferred the application to that office under Section 6(3) of the RTI Act. The CIC directed the PIO to provide the necessary information to the appellant. Regarding the penalty, the CIC referred to a Delhi High Court decision and concluded that since the applicant could not prove any malafide intent on the part of the PIO, a penalty under Section 20 could not be imposed.
Key Lessons for RTI Applicants
- Lesson 1: PIOs are not data creators: Remember that PIOs are not required to collect or compile information that is not already available or maintained public authority. Their duty is to provide existing records.
- Lesson 2: Proper transfer and assistance are key: If a PIO does not hold the information but believes it is held officer within the same public authority or another public authority, they must either seek assistance from that officer (Section 5(4)) or transfer the application (Section 6(3)). Simply stating the information is difficult to get or suggesting the applicant file elsewhere is not sufficient.
- Lesson 3: Malafide intent is crucial for penalties: For a penalty to be imposed on a PIO under Section 20, you generally need to prove that they acted with malafide intent, deliberately denied information, or gave false information.
How to File a Similar RTI Application
- Identify the correct Public Authority: Ensure your RTI application is addressed to the correct department or public authority that is likely to hold the information.
- Be Specific in Your Request: Clearly state the exact information you are seeking, including the time period, location, and format, if applicable.
- Understand Transfer Provisions: If the PIO cannot provide the information, they must explain why and, if applicable, transfer your application. Be prepared to follow up if you believe the transfer or assistance was not handled correctly.
- Document Everything: Keep copies of your RTI application, any replies received, and all correspondence. This is crucial if you need to file a first or second appeal.
Sample RTI question you can use:
Please provide the total number of account holders for [mention specific schemes like Savings Bank, MIS, PPF] at all sub-post offices within [mention the specific area] for the financial years [mention year 1] and [mention year 2]. Also, please provide the monthly turnover/collections at these sub-post offices during the same financial years.
Conclusion
This case highlights the importance of a PIO’s responsibility in handling RTI applications correctly. While PIOs are not expected to go to extraordinary lengths to compile information, they must follow the stipulated procedures for transferring applications or seeking assistance. As an RTI applicant, understanding these provisions empowers you to pursue your right to information effectively and ensures that public authorities are held accountable under the law. Always be clear, persistent, and informed when filing your RTI applications.
