Are you wondering if your RTI case will be dismissed if you can’t attend a hearing at the Central Information Commission (CIC)? Many citizens face this dilemma. Sometimes, due to distance, cost, or other commitments, appearing in person at the CIC is not feasible. This case sheds light on whether the CIC can proceed with a hearing even if the RTI applicant is absent, and what it means for your quest for information. Understanding this is crucial for ensuring your RTI applications are processed fairly and that you get the information you are entitled to under the Right to Information Act, 2005.
Background: What Information Was Sought
In this instance, an applicant had filed an RTI application with the Rajya Sabha Secretariat seeking specific information related to the Presidential election held in 2012. The Public Information Officer (PIO) at the Rajya Sabha Secretariat provided some information and also transferred certain parts of the query to the Election Commission (EC) of India, as they held the relevant records. The PIO at the EC then informed the applicant that they could provide copies of 719 pages of documents, but the applicant would need to deposit the photocopying charges first. Unfortunately, the applicant did not pay these charges, and consequently, no further information was provided. The First Appellate Authority (FAA) of the Rajya Sabha Secretariat suggested that if the applicant couldn’t access information online, the PIO could provide hard copies, though this wasn’t explicitly requested applicant.
How the Public Authority Responded
The initial response from the Rajya Sabha Secretariat’s PIO was to provide some information and transfer the rest to the Election Commission. The Election Commission’s PIO clearly stated the cost of photocopies for the extensive documentation. When the applicant failed to deposit these charges, the information remained inaccessible. The First Appellate Authority offered a general suggestion about providing hard copies, but the core issue of charges remained unresolved, leading to a stalemate.
The CIC Hearing: What Happened
During the hearing at the Central Information Commission (CIC), the applicant surprisingly refused to make any submissions. They argued that their case was too complex to be explained over the phone, implying a preference for an in-person hearing or a different mode of communication. The representative from the Election Commission clarified their role, stating that the EC is indeed responsible for Presidential elections and that the Secretary General of the Rajya Sabha acted as the Returning Officer. They further explained that election-related records are transferred to the EC for safekeeping, and most of the factual information sought applicant was available with them.
The CIC Order and Its Significance
The CIC, in its decision, addressed the applicant’s absence. The Commission highlighted that hearings are often conducted via video or audio conferencing for parties residing outside Delhi. Crucially, the CIC stated that no one prevented the applicant from appearing in person if they wished to do so. Therefore, the CIC decided to proceed with the hearing, acknowledging that the applicant had chosen not to appear in person. Regarding the information itself, the CIC reiterated that the PIO of the Election Commission had already offered to provide the copies of the records upon payment of photocopying charges. The Commission directed the applicant to deposit these charges with the EC if they were still interested in obtaining the relevant documents. This ruling underscores that while the RTI Act aims for transparency, applicants also have responsibilities, such as bearing reasonable costs for extensive information retrieval.
Key Lessons for RTI Applicants
- Lesson 1: Attend or Authorize Representation: If a hearing is scheduled, make every effort to attend, either in person or through authorized representation. If you cannot attend, inform the CIC in advance and explain your reasons. The CIC may reschedule or consider your submissions made prior to the hearing.
- Lesson 2: Respond to Information Requests Promptly: When a PIO requests photocopying charges or any other reasonable fee for providing information, respond promptly. Delays in depositing charges can lead to your application being closed, as seen in this case.
- Lesson 3: Understand Your Responsibilities: The RTI Act empowers citizens, but it also places certain responsibilities. This includes bearing the cost of information dissemination, especially for large volumes of documents. Be prepared for such costs when seeking extensive records.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office holds the information you need. For election-related matters, this is often the Election Commission or the relevant administrative body.
- Draft Your RTI Application Clearly: State your request for information in simple and precise language. Avoid vague queries.
- Specify the Information Needed: Clearly mention the details of the election, the year, and the specific documents or facts you are seeking.
- Be Prepared for Charges: If you anticipate needing many pages of documents, be ready to pay the prescribed photocopying charges. You can inquire about the rates from the Public Information Officer.
Sample RTI question you can use:
Under Section 4(1)(b) of the RTI Act, 2005, please provide details of all procedures and records maintained department concerning the Presidential election held in [Year]. Specifically, I request copies of [mention specific documents like nomination papers, scrutiny reports, final results, etc.]. If these are not available with your department, please provide details of the department where these records are maintained. Please also provide the estimated cost for providing these documents.
Conclusion
This case serves as a reminder that the RTI Act is a powerful tool, but its effectiveness relies on the proactive participation of both the applicant and the public authority. While the CIC can proceed with hearings in the applicant’s absence if they choose not to appear, it is always in the applicant’s best interest to engage actively in the process. your rights and responsibilities, and promptly to official communications, you can significantly increase your chances of successfully obtaining the information you seek through the RTI Act.
