Many Indian citizens use the Right to Information (RTI) Act to seek crucial information from government departments. However, the process can sometimes be complex, especially when information is scattered across multiple offices. This case highlights a common query: when your RTI application is transferred, does the Public Information Officer (PIO) have the right to charge you a fee for each office it’s sent to? Understanding this is vital for every RTI applicant to ensure fair treatment and prevent undue financial burden.
Background: What Information Was Sought
In this instance, an applicant filed an RTI request with the Life Insurance Corporation of India (LIC). The applicant was seeking certified copies of a list containing 4940 candidates who were selected and offered appointment letters as temporary employees for over five years. This information was critical for the applicant to understand the selection process and status of these employees.
How the Public Authority Responded
The initial Public Information Officer (PIO) of LIC responded that the requested information could not be provided. The reason given was that the information had to be collected from more than 115 Divisional Offices across India. The PIO argued that gathering and compiling this data would disproportionately divert the resources of the public authority, making it an unreasonable demand under the RTI Act.
The CIC Hearing: What Happened
During the hearing at the Central Information Commission (CIC), the appellant presented their case. They pointed out that the information had not been provided, with the PIO initially citing the pendency of a case before the Supreme Court. The respondent from LIC clarified that some information regarding the number of candidates, obtained from 8 Zonal Offices, had already been provided. However, they reiterated that the rest of the detailed information, requiring collection from 115 Divisional Offices, was still a challenge. The appellant then insisted that the RTI application should be transferred to all 115 Divisional offices, as per the provisions of the RTI Act. The PIO proposed a solution: the appellant could send a soft copy of the RTI application to LIC’s Central Office in Mumbai, which would then be electronically transferred to all the relevant Divisional Offices.
The CIC Order and Its Significance
The Central Information Commission, after hearing both sides, acknowledged the significant administrative challenge posed information from over 115 Divisional Offices. The Commission recognized that such a task could indeed disproportionately divert LIC’s resources. Therefore, the CIC directed the appellant to send a soft copy of their RTI application, along with the requisite fee of Rs. 1150/- (calculated as 115 Divisional Offices x Rs. 10/- per application fee as per the RTI Act), to the Central Office of LIC of India. Crucially, the CIC directed the PIO to then electronically transfer the RTI application to the PIOs of all 115 Divisional Offices across India. Furthermore, the Commission mandated that after the appellant paid the necessary fees, these Divisional PIOs should provide the information directly to the appellant. This order is significant because it clarifies the process of transferring applications that require information from numerous sub-units and addresses the associated fee structure, ensuring transparency and accountability.
Key Lessons for RTI Applicants
- Lesson 1: Understanding Information Dispersal: When your RTI request involves information likely held branches or offices of a large organization, be prepared for the possibility of your application being transferred. The PIO has the right to transfer your application to the office that holds the information, as per Section 6(3) of the RTI Act.
- Lesson 2: Fee for Transferred Applications: While the initial application fee is typically Rs. 10, if your application is transferred to multiple public authorities or multiple PIOs within a large authority, you may be required to pay the application fee for each unit the application is transferred to. In this case, the applicant had to pay Rs. 10 for each of the 115 Divisional Offices.
- Lesson 3: Proactive Engagement is Key: If your application requires extensive compilation from many offices, consider offering to provide a soft copy of your application to the central authority. This can facilitate electronic transfer and potentially speed up the process, as seen in this case where the CIC encouraged this approach.
How to File a Similar RTI Application
- Clearly Define Your Request: Be specific about the information you need. Vague requests are often rejected or transferred unnecessarily.
- Identify the Correct Public Authority: Ensure you are filing the RTI with the primary public authority that is likely to hold or coordinate the information.
- Be Prepared for Fees: If the information is expected to be held offices, budget for potential additional application fees.
- Follow Up and Escalate if Necessary: If you don’t receive a response within the stipulated time (usually 30 days, or 35 days if transferred), you have the right to file a First Appeal under Section 19 of the RTI Act. If the First Appellate Authority’s decision is unsatisfactory, you can then approach the CIC.
Sample RTI question you can use:
I request certified copies of the list of candidates selected for [specific post or purpose] and appointed as temporary employees for more than five years. Please provide details such as their appointment letters and any other related documentation that confirms their temporary employment status for this duration.
Conclusion
This case serves as a valuable guide for RTI users dealing with large, decentralized organizations. It underscores that while the RTI Act empowers citizens to seek information, understanding the procedural nuances, especially regarding the transfer of applications and associated fees, is crucial. informed and proactive, citizens can effectively navigate the RTI process and obtain the information they are entitled to, ensuring greater transparency and accountability from public authorities across India.
