Navigating the labyrinth of government information can be daunting, but the Right to Information (RTI) Act, 2005, empowers every Indian citizen to seek transparency. This case highlights a crucial aspect of RTI: how information is handled when it resides across multiple offices. If you’ve ever wondered how to get specific lists or details that might be scattered, this article will shed light on your rights and the process, drawing lessons from a real-life RTI scenario involving a major public sector undertaking.
Background: What Information Was Sought
The applicant in this case had filed an RTI application with the Life Insurance Corporation of India (LIC), a prominent public sector institution. The core of the request was for certified copies of a list of 4940 candidates who had been selected as temporary employees for more than five years. Crucially, the applicant also sought confirmation that these candidates had indeed received letters of appointment on a temporary basis, along with any other related information. This was a specific request for verifiable data concerning employment status and documentation.
How the Public Authority Responded
The Public Information Officer (PIO) of LIC initially responded that the information sought could not be provided. The primary reason cited was that the information needed to be collected from over 115 Divisional Offices across the country. The PIO argued that gathering this extensive data would disproportionately divert the resources of the public authority, making it an unreasonable burden. This response indicated a potential hurdle for the applicant in obtaining the desired information due to the logistical challenge of data aggregation.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the appellant presented a key point: the PIO had initially claimed the case was pending before the Supreme Court of India as a reason for not providing the information. However, the respondent from LIC clarified that the information submitted to the Supreme Court, pertaining to the number of candidates from 8 Zonal Offices, had already been furnished to the appellant. The main contention remained the collection of information from the remaining 115 Divisional Offices. The appellant strongly urged the PIO to transfer the RTI application to all these 115 Divisional Offices so that the information could be pieced together. In a procedural move, the PIO offered the appellant the option to send a soft copy of the RTI application to the Central Office in Mumbai, which would then be electronically forwarded to all 115 Divisional Offices.
The CIC Order and Its Significance
The Central Information Commission, after considering the arguments, acknowledged the significant logistical challenge. The Commission agreed that collecting and compiling information from over 115 Divisional Offices would indeed disproportionately divert the resources of LIC. However, to facilitate the applicant’s right to information, the CIC issued a practical directive. The Commission instructed the appellant to send a soft copy of his RTI application, along with the requisite fee of Rs. 1150/- (calculated as 115 Divisional Offices multiplied standard RTI fee of Rs. 10/- per application, as per the RTI Act), to the Central Office of LIC of India. Subsequently, the CIC directed the PIO to electronically transfer the RTI application, along with the paid fee, to the PIOs of all 115 Divisional Offices across India. Furthermore, the PIOs of these Divisional Offices were directed to provide the requested information directly to the appellant once the necessary fees were paid.
Key Lessons for RTI Applicants
- Lesson 1: Understanding Information Aggregation Challenges: When your RTI request requires information spread across numerous offices, the PIO might cite resource diversion. The CIC’s approach in this case shows that while genuine challenges are recognized, mechanisms like electronic transfer can be facilitated to ensure your right to information is not completely negated.
- Lesson 2: The Role of Electronic Transfer: This case underscores the importance of modern technology in facilitating RTI requests. The CIC’s directive for electronic transfer of the application and fee to multiple offices demonstrates a pragmatic approach to overcome geographical and administrative barriers, especially when dealing with large public authorities.
- Lesson 3: Proactive Fee Payment and Application Submission: To expedite your request in similar situations, be prepared to pay the consolidated fee and provide the application in a digital format as suggested PIO or directed CIC. This proactive approach can significantly speed up the process of obtaining information from multiple sources.
How to File a Similar RTI Application
- Clearly define the specific information you need, including the format and any certifications required.
- Identify the appropriate Public Information Officer (PIO) of the concerned department or organization. If the information is likely to be held branches, mention this in your application.
- Submit your RTI application with the prescribed fee (currently Rs. 10/- per application, payable via cash, demand draft, or Indian Postal Order).
- If the PIO believes the information is held offices, they are obligated under Section 6(3) of the RTI Act to transfer your application to the relevant PIOs within 5 days. However, be prepared for scenarios like this where the CIC might suggest a consolidated approach.
- Follow up on your application and be ready to pay additional fees if the information requires extensive compilation or is available in larger quantities, as per Section 7 of the RTI Act.
Sample RTI question you can use:
Please provide a certified list of all individuals selected for temporary employment for more than five years, including details of their appointment letters, from all Divisional Offices of your organization.
Conclusion
This case serves as a powerful reminder that the RTI Act is a dynamic tool designed to ensure accountability and transparency. Even when information is geographically dispersed across a vast network of offices, citizens have the right to access it. the procedures, being persistent, and leveraging the guidance of the CIC, you can effectively use RTI to obtain the information you need, fostering a more informed and empowered citizenry.
