Many Indians use the Right to Information (RTI) Act to get crucial information from government departments. But what happens when an RTI application is signed than one person? Does this invalidate the request? We explore a case where the Central Information Commission (CIC) clarified this important point, ensuring that citizens aren’t blocked from accessing information due to a technicality. This ruling is vital for anyone seeking to hold public authorities accountable.
Background: What Information Was Sought
In this instance, an RTI application was filed with the All India Institute of Medical Sciences (AIIMS) seeking specific details regarding the payment of minimum wages to contractual employees at one of their centres. The applicants also wanted related information concerning these contractual workers. This type of information is crucial for understanding labour practices and ensuring fair treatment of employees working on contracts for government institutions.
How the Public Authority Responded
The Public Information Officer (PIO) at AIIMS refused to provide any of the requested information. The sole ground for this refusal was that the RTI application had been signed individuals. This response effectively blocked the applicants from obtaining the information they were legally entitled to under the RTI Act.
The CIC Hearing: What Happened
The matter was then brought before the Central Information Commission (CIC). During the hearing, the CIC examined the PIO’s refusal. The Commission found the PIO’s reasoning to be flawed. The CIC stated that it makes no difference whether an RTI application is submitted single individual or individuals. The fundamental right to seek information is vested in every citizen of India, and the number of applicants does not diminish this right.
The CIC Order and Its Significance
The CIC disagreed with the PIO’s stance and directed the PIO to provide the requested information. Specifically, the Commission ordered the PIO to disclose:
- The total number of contractual labourers employed at the concerned centre.
- Details of the wages paid to these labourers contractor.
- Confirmation of whether the contractor was contributing towards the Employees’ Provident Fund (EPF) and Employees’ State Insurance Corporation (ESIC) for the contractual labour.
Furthermore, the CIC added a crucial directive: if AIIMS itself did not possess this information directly, the PIO was obligated to obtain it from the concerned contractors and then transmit it to the RTI applicant. This ensures that the information doesn’t get lost due to the structure of contractual employment and that the citizen ultimately receives the data.
Key Lessons for RTI Applicants
- Lesson 1: Signing an RTI Application is Flexible: The RTI Act, under Section 3, grants the right to information to any citizen of India. There is no provision that bars multiple citizens from jointly filing an RTI application. Therefore, if you and a neighbour, colleague, or friend are seeking similar information, you can both sign the application.
- Lesson 2: PIOs Cannot Refuse on Technicalities Like Multiple Signatures: A PIO cannot arbitrarily refuse information based on a technicality like the number of signatures on an application, especially when there’s no legal basis for such a refusal. The CIC’s decision reinforces that the substance of the request and the citizen’s right to information are paramount.
- Lesson 3: PIOs Must Ensure Information is Provided: If the public authority doesn’t hold the information directly, the PIO has a responsibility to seek it from the appropriate source (like a contractor in this case) and provide it to the applicant, as mandated spirit of the RTI Act and demonstrated in this CIC order.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or public sector undertaking holds the information you need.
- Draft Your Application Clearly: State your request for information precisely. If multiple people are applying, ensure all names and addresses are clearly mentioned. You can have one address for correspondence if you prefer, or the PIO can choose to send information to the first address provided if multiple are given.
- Attach Supporting Documents (If Any): While not always necessary, any proof or context can be helpful.
- Submit and Pay the Fee: Submit your application to the Public Information Officer (PIO) of the concerned authority and pay the prescribed RTI fee of ₹10 via postal order, bank draft, or cash. Keep a copy of the application and the receipt.
Sample RTI question you can use:
Please provide details of the contractual employees engaged by [Name of Department/Organisation] at its [Specific Centre/Location, if applicable] for the period [Start Date] to [End Date]. Specifically, I seek information on the wages paid to these employees contractor, details of their EPF and ESIC contributions, and the total number of such employees engaged during the said period. If this information is not held directly department, please provide it from the contractor or relevant third party.
Conclusion
This case serves as a powerful reminder that the RTI Act is a tool for empowerment. Don’t be deterred PIO’s initial refusal, especially if it’s based on flimsy grounds. The CIC has made it clear that multiple signatures on an RTI application are perfectly acceptable. Always remember your right as a citizen to access information and, if necessary, escalate your case to the CIC to ensure justice and transparency. these principles, you can effectively use RTI to get the information you need.
