Many ordinary Indian citizens use the Right to Information (RTI) Act to access crucial information from government bodies. However, small procedural errors can sometimes lead to applications being rejected, causing frustration. This article explores a Central Information Commission (CIC) ruling that clarifies whether a blank postal order renders an RTI application invalid, a common concern for many applicants.
Background: What Information Was Sought
An applicant had filed an RTI application with the Indian Oil Corporation Ltd. (IOCL) seeking certain information. To comply with the RTI Act’s fee requirements, the applicant had enclosed a postal order along with their application. However, the Public Information Officer (PIO) of IOCL returned the postal order to the applicant. The reason cited was that the name of the payee had not been mentioned on the postal order.
How the Public Authority Responded
The PIO’s response was to reject the application based on the incomplete postal order. The postal order was returned, implying that the RTI application itself was not considered valid due to this deficiency. This led the applicant to file a first appeal, which was eventually heard Central Information Commission (CIC).
The CIC Hearing: What Happened
During the hearing, the core issue before the CIC was the validity of an RTI application when the accompanying postal order lacks the name of the payee. The applicant likely argued that their intention was clear and that the information sought should still be provided. The PIO, on the other hand, would have defended their action the procedural requirement for a valid postal order as per the RTI Rules.
The CIC Order and Its Significance
The Central Information Commission, after considering the arguments, made a significant observation. The CIC stated that a postal order is a financial instrument that becomes legally valid only when it is made payable to a specific payee. Consequently, an application filed under the RTI Act is considered valid and operational only when it is accompanied properly drawn postal order, meaning one with the correct payee’s name. Since the postal order in this case was blank (lacking the payee’s name), the CIC held that the RTI Act could not be said to have come into operation for this particular application. The Commission concluded that the applicant’s grievance was based on a misconception and rejected the appeal. This ruling emphasizes the importance of adhering strictly to the procedural requirements for paying the RTI application fee.
Key Lessons for RTI Applicants
- Lesson 1: Importance of a Valid Postal Order: The CIC ruling clearly establishes that a postal order must be correctly filled out, including the name of the payee, to be considered valid. A blank postal order can lead to the rejection of your RTI application.
- Lesson 2: Procedural Compliance is Crucial: While the RTI Act aims to provide information, it also has procedural rules that must be followed. Ensure you understand and adhere to all requirements, including the correct method of payment for the application fee.
- Lesson 3: Understanding PIO’s Authority: Public Information Officers are empowered to reject applications that do not meet the stipulated requirements. It is essential to be aware of these requirements to avoid unnecessary rejections and appeals.
How to File a Similar RTI Application
- Identify the Public Authority: Determine the correct government department or organization you need to file the RTI application with.
- Draft Your RTI Application: Clearly state the information you are seeking in simple and specific terms.
- Prepare the Fee: If you are not exempt, obtain a postal order or demand draft for the prescribed fee (usually ₹10). Crucially, ensure you write the name of the Public Authority or the designated officer as the payee on the postal order. Check the specific instructions provided department on their website or .
- Submit Your Application: Send your application along with the fee instrument to the Public Information Officer of the concerned authority. Keep a copy of your application and the postal order for your records.
Sample RTI question you can use:
Please provide a copy of the RTI application fee payment instructions and the designated payee name for RTI applications submitted to your department.
Conclusion
This CIC decision serves as a vital reminder for all RTI users. While the spirit of the RTI Act is to empower citizens with information, procedural correctness is the gateway. that your postal order is correctly filled with the payee’s name, you significantly increase the chances of your RTI application being processed and your quest for information being successful. Always double-check your submission before sending it to avoid such procedural pitfalls.
