Are you trying to find out the status of a complaint you filed against a private entity with a government department? Many citizens face challenges when trying to get information about their complaints, especially when it involves complex corporate structures. The Right to Information (RTI) Act, 2005, empowers you to seek such information. This case highlights how an RTI applicant successfully pursued information regarding a complaint against several Reliance entities, even when the initial response was unsatisfactory. It underscores the importance of persistence and understanding your rights under the RTI Act.
Background: What Information Was Sought
An RTI applicant had filed an application with the Directorate of Prosecution. He wanted to know if the Economic Offenses Wing (EOW) of the Delhi Police had sought any legal opinion from the Directorate of Prosecution concerning a complaint he had lodged. This complaint was against Reliance Money Limited, Reliance Securities Limited, Reliance Capital Limited, and Reliance Commodities Limited. Furthermore, the applicant sought to access all file notings related to his RTI petition and its movement within the department. The Public Information Officer (PIO) initially stated that the case file, which had been sent for legal opinion, had been returned to the investigating agency (Delhi Police) and that the Directorate of Prosecution did not possess a copy. However, upon the directions of the First Appellate Authority (FAA), some additional information was provided.
How the Public Authority Responded
The initial response from the PIO was that the information sought was not available as the relevant file had been returned to the Delhi Police. While the FAA directed the PIO to provide more information, the applicant felt that the reply was still incomplete. A significant issue raised applicant was the delay in transferring his RTI application to the appropriate authority, the PIO of the Delhi Police. This delay meant valuable time was lost in getting the information he needed.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the applicant reiterated his concerns about the incomplete reply and the delayed transfer of his RTI application. He argued that the PIO had not fully complied with the FAA’s order. The PIO, representing the Directorate of Prosecution, maintained that they had informed the applicant that the file was returned to the Delhi Police and that details regarding the file’s movement had already been provided. The core of the dispute revolved around the availability of information and the timeliness of the PIO’s actions.
The CIC Order and Its Significance
The CIC acknowledged that if the information was genuinely not available with the Directorate of Prosecution, then a specific disclosure order would not be feasible. However, the Commission took a firm stance on accountability and transparency. The CIC directed the PIO of the Directorate of Prosecution to submit an affidavit. This affidavit was to formally confirm that the relevant file(s) had indeed been returned to the Delhi Police and that no further information was held Directorate of Prosecution. This step ensures a formal record of the department’s position. Crucially, the CIC noted a significant delay of nearly a month in the transfer of the RTI application PIO, Directorate of Prosecution, to the Delhi Police. This delay was in violation of Section 6(3) of the RTI Act, which mandates that an application should be transferred within five days of receipt if it pertains to another public authority. Consequently, a show cause notice was issued to the PIO, Directorate of Prosecution. This notice required the PIO to explain why a penalty should not be imposed for obstructing the supply of information. Regarding the file notings on the movement of the RTI petition itself, the CIC directed the PIO to allow the appellant to inspect the relevant file and to provide him with any file noting or document he identified thereafter. This ensures the applicant can understand the internal process and timelines followed.
Key Lessons for RTI Applicants
- Lesson 1: Persistence is Key: Even if the initial response is unsatisfactory, do not give up. Utilize your First Appeal and Second Appeal rights to escalate your request.
- Lesson 2: Understand Timelines: Be aware of the stipulated timelines under the RTI Act, especially for the transfer of applications (Section 6(3)). Delays can lead to penalties for the PIO.
- Lesson 3: Seek Formal Confirmation: When information is claimed to be unavailable, request a formal affidavit from the PIO confirming this fact. This creates an official record.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office is most likely to hold the information you need.
- Draft Your RTI Application Clearly: State precisely what information you are seeking, referencing complaint numbers, dates, and any other relevant details. Be specific.
- Submit Your Application and Fee: Pay the requisite RTI fee and submit your application to the PIO of the identified public authority.
- Follow Up and Appeal if Necessary: If you do not receive a satisfactory response within the stipulated time (usually 30 days), file a First Appeal with the designated FAA. If still unsatisfied, you can file a Second Appeal with the CIC.
Sample RTI question you can use:
“Please provide certified copies of all file notings, correspondence, and any legal opinions sought or provided Directorate concerning complaint number [Your Complaint Number, if applicable] dated [Date of Complaint] filed against [Name of Entity/Entities] undersigned. Also, please provide details of when this RTI application was transferred to any other department and the reasons for any delay in such transfer.”
Conclusion
This case serves as a powerful reminder that the RTI Act is a tool for citizens to hold public authorities accountable and to access information that is rightfully theirs. While obtaining information about complaints against private entities can sometimes be challenging, the provisions of the RTI Act and being persistent, you can uncover the facts. Remember to always frame your RTI requests clearly, adhere to the procedures, and utilize your appellate rights when necessary. Empower yourself with information and ensure transparency in governance.
