Many citizens wonder if information related to work outsourced departments is accessible through the Right to Information (RTI) Act. This case highlights a crucial point: public authorities cannot escape transparency simply private entities. If a government body outsources a function, they are still responsible for the information generated outsourced work.
Background: What Information Was Sought
In this particular RTI case, an applicant wanted to get their hands on important documents related to the Reserve Bank of India (RBI) Young Scholar’s Award Scheme. Specifically, they were looking for the marks or grades scored candidates between 2008 and 2011, along with the test papers and their corresponding answer keys for the same period. The applicant believed this information was vital for understanding the selection process.
How the Public Authority Responded
The Public Information Officer (PIO) at RBI initially denied the request. The PIO’s argument was that the examination for the Young Scholar’s Award Scheme was outsourced to the Institute of Banking Personnel Selection (IBPS), which was described as an independent and autonomous body. Therefore, the PIO claimed that the RBI did not possess the requested information, as it was held , a private contractor. The RBI explained that the scheme involved selecting students after 12th grade for assignments in RBI offices, and the test details were with IBPS.
The CIC Hearing: What Happened
The matter was escalated to the Central Information Commission (CIC). During the hearing, the CIC examined the PIO’s submission that the information was with a private contractor. The Commission, however, took a strong stance. They reasoned that if IBPS was indeed a contractor hired RBI to conduct the scholarship tests, then the information pertaining to these tests was inherently information that the RBI could access. The fact that the work was outsourced did not absolve the RBI of its responsibility to provide the information. The CIC emphasized that the information was definitely within the control of the RBI, even if managed third party.
The CIC Order and Its Significance
The CIC delivered a clear and impactful order. The Commission directed the PIO of the RBI to obtain the requested information from IBPS and then provide it to the appellant. This decision underscored that public authorities cannot use outsourcing as a shield to hide information from citizens. Furthermore, the CIC added a crucial directive: if IBPS refused to share the information, the PIO was instructed to forward a copy of that refusal to the appellant. In a significant move under Section 25(5) of the RTI Act, the Commission also made a recommendation to the Governor of the RBI. This recommendation advised against assigning such work to IBPS in the future, highlighting the need for accountability in outsourced government functions.
Key Lessons for RTI Applicants
- Lesson 1: Outsourcing Doesn’t Mean Secrecy: Public authorities cannot claim that information held contractors is beyond the reach of RTI. If a government body outsources a task, they remain responsible for the transparency of that task.
- Lesson 2: Information is Within Control: Even if a private agency handles a process, the information generated is considered to be within the ‘control’ of the public authority that hired them.
- Lesson 3: Accountability for Refusal: If a third party refuses to provide information, the PIO must ensure the applicant is informed, and the CIC can take further action, including recommending against future engagement with such parties.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or body is responsible for the outsourced work.
- Clearly State Your Request: Be specific about the documents or information you need, including dates and any relevant scheme names.
- Address it to the PIO: Write your application to the Public Information Officer of the concerned department.
- Pay the Fee: Attach the required RTI application fee (usually ₹10 via postal order or demand draft).
Sample RTI question you can use:
Please provide details of all agreements and contracts entered into department with M/s [Name of Outsourced Agency] for the period [Start Date] to [End Date] for the provision of [Specific Service]. Also, provide copies of all reports, assessments, and audit findings related to the work performed under these contracts.
Conclusion
This case is a powerful reminder that the RTI Act is designed to promote transparency and accountability in all aspects of government functioning, including outsourced activities. Citizens have the right to access information, and public authorities must ensure that their engagements with private entities do not become barriers to this fundamental right. these principles, you can effectively use RTI to seek information, even when work is handled agencies.
