Many Indian citizens are curious about how public funds are spent, but what about purchases made from funds that aren’t directly from the government treasury? This case highlights an important aspect of the Right to Information (RTI) Act concerning information derived from non-public sources. Understanding the boundaries of what can be accessed through RTI is crucial for all applicants. This article breaks down a Central Information Commission (CIC) decision that clarifies this specific query.
Background: What Information Was Sought
An RTI application was filed with the Indian Air Force (IAF) serving Corporal. The applicant sought three key pieces of information: first, the number of trees removed from the Base Repair Depot at Tughlakabad; second, the current number of trees standing at the same location; and third, a copy of the bill for the purchase of a TV set. The Public Information Officer (PIO) provided some initial information in response to this application.
How the Public Authority Responded
During the hearing before the Central Information Commission (CIC), the respondent, representing the IAF, made a few key submissions. Firstly, it was noted that the applicant was a serving member of the IAF. Secondly, regarding the information about trees, the PIO had stated that this data was not maintained department and therefore could not be provided. Thirdly, concerning the request for a copy of the TV purchase bill, the PIO had denied this request. The reason for denial was that the TV set had been purchased using non-public funds, meaning funds not sourced directly from government appropriations.
The CIC Hearing: What Happened
The Central Information Commission (CIC) heard the arguments presented sides. The core of the discussion revolved around the nature of the funds used for the purchase of the TV. The respondent’s stance was that since the purchase was made from non-public funds, the details of such a purchase were not subject to disclosure under the RTI Act. The applicant, as a serving member, was essentially seeking internal departmental purchase details that did not involve public money. The PIO’s initial response, which aligned with this reasoning, was also presented and considered.
The CIC Order and Its Significance
The Central Information Commission (CIC) ultimately agreed with the decision of the Public Information Officer (PIO) and rejected the appeal. The Commission’s reasoning was straightforward: the RTI Act primarily deals with accessing information held authorities that relates to the functioning of government and the use of public funds. When a purchase is made from non-public funds, such as welfare funds, donations, or other internally generated sources that are not government money, the details of those transactions are generally not considered information that a public authority is obligated to disclose under the RTI Act. This decision emphasizes that the scope of RTI is tied to public accountability and the use of public resources.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Scope of “Public Funds”: The RTI Act is most effective when seeking information related to the use of public money. Purchases made from non-public funds are often outside the purview of mandatory disclosure.
- Lesson 2: Be Specific in Your Application: While the applicant in this case was specific about the item, understanding the source of funds can be crucial. If you are seeking purchase details, it’s helpful to consider if they are likely to be from public funds.
- Lesson 3: Know When Information Might Not Be Available: Not all information held public authority is disclosable. Information that is personal, relates to third-party commercial secrets, or, as in this case, pertains to non-public fund transactions, may be exempted.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or agency holds the information you need.
- Draft Your RTI Application Clearly: State precisely what information you are seeking. Be specific about the subject matter, the time period, and the format of the information if possible.
- Specify the Source of Funds (if known): If you believe the purchase is from public funds, you can mention that. However, if you are unsure, you can simply ask for the details.
- Submit and Pay the Fee: Submit your application to the concerned PIO along with the requisite fee (usually ₹10).
Sample RTI question you can use:
Please provide details and copies of all bills and purchase orders related to the acquisition of [specific item, e.g., electronic equipment] for the [specific department/unit] during the period [start date] to [end date], along with information on the source of funds used for these purchases.
Conclusion
This case serves as a valuable reminder that while the RTI Act is a powerful tool for transparency, it has its limitations. Understanding the distinction between public funds and non-public funds is key to framing effective RTI applications. Always ensure your request aligns with the spirit of the Act, which is to promote accountability in the use of public resources. informed and strategic, citizens can continue to leverage RTI to seek meaningful information and foster good governance across India.
