Are you curious about how public money is spent, especially on legal services bodies? Many Indian citizens wonder if they can access information about the remuneration paid to lawyers hired authorities. This case highlights how the Right to Information (RTI) Act can be a powerful tool to bring transparency to such financial dealings, even when faced with initial objections. Understanding this case can empower you to seek similar information and hold public authorities accountable.
Background: What Information Was Sought
An applicant filed two separate applications under the RTI Act with the Securities and Exchange Board of India (SEBI). The goal was to obtain specific details concerning the advocates engaged in various court and tribunal cases. The applicant wanted to know more about who SEBI was hiring and, crucially, how much they were being paid.
How the Public Authority Responded
The Public Information Officer (PIO) at SEBI provided some of the requested information. However, for other parts of the request, the PIO denied disclosure. The reasons given were that the information was not maintained in the exact format the applicant had requested. Furthermore, the PIO argued that compiling and collating this extensive information would divert disproportionately from the authority’s resources, implying it was too much work.
The CIC Hearing: What Happened
The case eventually reached the Central Information Commission (CIC) for a hearing. During the proceedings, the PIO mentioned that the envelope containing the information, which was supposed to be sent to the appellant, had been returned postal authorities as undelivered. The CIC considered the arguments from both sides. The Commission acknowledged that personal details of the advocates, such as their addresses and phone numbers, should indeed be kept private and not disclosed under RTI. However, the CIC took a firm stance on the financial aspect. They ruled that details related to the total remuneration paid to these advocates during the specified period *could* and *should* be disclosed. If it wasn’t possible to break down the total remuneration or case, the CIC directed that the total amount paid to each advocate or lawyer during the relevant time should be provided.
The CIC Order and Its Significance
The CIC’s order was clear: the PIO was directed to provide the desired information to the appellant, as available with the public authority. This means that even if the information wasn’t in the perfect format, SEBI had to provide what they had. The Commission also importantly clarified that the PIO could not be held responsible for the postal service’s failure to deliver the information, as it was an external factor beyond their control. This ruling reinforces the principle that financial details of public spending, like lawyer fees paid bodies, are generally disclosable under the RTI Act, promoting transparency and accountability.
Key Lessons for RTI Applicants
- Lesson 1: Focus on Public Interest Information: The CIC clearly distinguished between personal information (like addresses) and financial information related to public expenditure (lawyer fees). RTI is most effective when seeking information that serves the public interest.
- Lesson 2: Be Prepared for Format Issues: Public authorities may claim information is not in the requested format. The CIC’s decision shows that if the core information is available, it should be provided, even if some collation is needed.
- Lesson 3: Understand PIO Responsibilities (and Limitations): While PIOs must provide information, they are not expected to perform Herculean tasks. However, they cannot use “diversion of resources” as a blanket excuse to deny disclosable information. The CIC also recognized that PIOs are not liable for postal delivery failures.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or public sector undertaking (like SEBI in this case) hired the lawyers.
- Draft Your RTI Application Clearly: Specify the period for which you want information and the exact details you seek regarding remuneration. Be precise about what you want disclosed.
- State Your Request: Clearly ask for the total remuneration paid to advocates/lawyers engaged authority during a specific timeframe, ideally lawyer-wise.
- Submit and Follow Up: File your application with the designated PIO and keep a record of your application number. Follow up if you don’t receive a response within the stipulated 30 days (as per Section 7 of the RTI Act). If you are unsatisfied, you can file a first appeal (Section 19) and then a second appeal to the CIC.
Sample RTI question you can use:
“Please provide the total remuneration paid to all advocates and lawyers engaged by [Name of Public Authority] in all court and tribunal cases during the financial year [Specify Year], broken down lawyer-wise.”
Conclusion
This case serves as a valuable precedent for citizens seeking transparency in public spending. It confirms that information regarding the fees paid to lawyers authorities is generally accessible under the RTI Act. these principles and following the steps outlined, you can effectively use the RTI Act to inquire about how public funds are utilized, fostering greater accountability and a more informed citizenry across India.
