Saturday, March 5, 2011

Main Examination Cases - August 2010


Case # 1 :   
An applicant approached an organization - notified by a State Government in the official Gazette as a "intelligence and security organization" - with an RTI application. The applicant approached the designated PIO of that organization and asked for information that he claimed pertained to violation of his human right. At first, the PIO responded saying that the Public Authority concerned is not bound to give the information. When told that even an exempted organization has to give information pertaining to Human Rights Violation, the PIO argued that he was not convinced that the information involved human right violation. The applicant mentioned to the PIO that he is well-versed with the provisions of the RTI Act, 2005 and that he will not hesitate to pursue his case not just with the Information Commission concerned`, but if need be, he'd go all the way to the Supreme Court. Hearing this, the PIO felt that it would be o.k. to give information to the applicant right away to avoid any further hassles. In fact, the First Appellate Authority too had asked the PIO to do so. 
  
Question (a) :  Is the applicant right in thinking that he can go all the way to the Supreme Court seeking a remedy if he is not satisfied, because he thinks that the information he is seeking pertains to a violation of his human right? Why do you think so?

Answer: YES! The applicant is absolutely right in thinking that he can go all the way to SC seeking a remedy.  His stand can be further justified with the provisions under Sec.24(4) of the RTI Act, 2005 which states that,"Nothing contained in this act shall apply to intelligence & security organisation established by the State Government as that Govt. may, from time to time, by notification in the Official Gazette that the information pertaining to the allegations of corruption & human rights violations shall not be excluded".  This section further clarifies that the information in respect of allegations of violations of human rights shall only be provided after the approval of the SIC & within 45 days from the date of receipt of request.  In this backdrop, PIO`s contention is wrong.  Instead of commenting upon the obligations of PA and defining the human rights violations, he should have referred the case to SIC & seek his approval & then give decision to requester. Since PIO has shown his reluctance initially & the applicant`s own confidence about the provisions of section 24(4) of RTI Act, he was sure to get justice in SC if proceeded. Hence he is certainly right in his thinking to challenge in SC & seeking information pertaining to human right violations PROVIDED HE SHOULD EXHAUST ALL THE AVAILABLE APPORTUNITIES IN THE FORM OF 2ND APPEAL TO CIC/SIC BEFORE APPROACHING SUPREME COURT IN THIS REGARD; AS PER SEC. 19 (3) OF THE RTI ACT.  Here no time limit has been fixed for ICs to decide upon 2nd appeals.  That is why, the applicant has to maintain patience till his appeal is decided by such CIC/SICs.  

Question (b) :  Is the PIO right in giving information to the applicant and taking the applicant`s or anybody else's word about it pertaining to the violation of is human right and giving information held by an organization notified by the State Government as an `intelligence and security organisation`? Justify.
 
Answer: The action of furnishing the information on the part of PIO is absolutely justified in this case especially when it relates to human right violation issue in the exempted organization by SG which is notified by it.  But as mentioned earlier, if the requester has demanded information from an institution exempted by State Government by its notification in the Official Gazette on the strength of human rights violation, then in terms of sec. 24 (4) of the RTI Act, PIO should seek the approval of the State Information Commission and after getting its approval PIO should furnish the desired information within 45 days from the date of the receipt of request. Here it appears prima facie that PIO acted hastily while furnishing the information without seeking approval from CIC/SIC.  In this case, FAA of that PA has also opined PIO to furnish which is absolutely unwarranted because PIO is an independent authority under the RTI Act & he is not supposed to seek any advice/suggestion/opinion of anybody.  On the other hand, FAA`s direction to do so is also unwarranted & unbecoming of FAA.

Case # 2 :   

A PIO receives an application for information under the `RTI Act, 2005`. It turned out that the information asked for fell into three categories viz: (information absolutely exempted); (information which can be given to the applicant); and (information given in confidence by a Third party). The PIO is convinced that there is public interest involved in giving to the candidate the latter part of the information. Meanwhile, the Head of the Public Authority puts another spin to the situation citing that none of the information asked for involves `exempted information` and, hence, all of it can be given. Soon after, the applicant realized that he had unwittingly asked for exempted information and conveyed to the PIO that he need not be given the exempted information. But the applicant also asked for some other information pertaining to the same organization.

Question (a) :  Should the PIO go with his judgment or heed his boss? If yes, what should he do in disclosing information or for rejecting the application or for doing both (as applicable)?

Answer: Under the peculiar situation narrated above I would like to suggest as :[1]  First of all, PIO should go with his own judgment because the Head of the PA, i.e. FAA can not interfere in the working of PIO though he is senior in rank of PIO.  PIO is independent authority under the act who supposes to take his own decisions without any pressure from anybody else. PIO alone is responsible for any decision taken by him & later if finds by IC that PIO has malafidely rejected the request, only PIO will be penalized & not the superior officer. In the given circumstances, PIO should inform the requester about his inability to provide the information which is absolutely exempted under section 9 of involving an infringement of copyright & thus finally withhold the information since it is not obligatory on the part of PIO to provide such absolute exempted information to any citizen. The opinion expressed by the Head of PA should be set aside while deciding the request by PIO. (2) As regards, the information which can be given to the applicant be provided as demanded because in terms of S. 7(1)&(9)& Sec.8 (1)(a)-(j)of the Act, it is his duty to provide information or reject a request citing valid reasons, as expeditiously as possible, subject to time limits as prescribed and generally in the form in which it has been sought. (3) While deciding the issue on information given in confidence by a Third Party, I would like to empathetically mention here that the PIO should send a written notice to third party, within 5 days inviting it to make an oral/written submission & take into consideration while making any decision on it.  If the info is exempted under the Ss.8/9 of RTI Act because of being a trade or commercial secret protected by law, then it should be rejected citing valid reasons.  The PIO should however apply the "Public Interest Test" while rejecting a request partially or fully as per exemptions in 8(1)(a)-(j)

(b) What should the PIO do in view of the applicant`s revised request? Please elaborate. Why? / How?

Answer: While considering the revised request of the applicant the PIO should simply ignore the post RTI application confession of requester about exempted information which does not make any sense on PIO`s earlier decision. As far as his supplementary information request, he should be asked to send separate RTI application for it paying prescribed fees.  The applicants request to provide supplementary information in lieu of exempted information can not be entertained by PIO because of certain established procedure under RTI Act.  Otherwise there will be no discipline on the part of requester & the burden of such additional information will not only increased but it will also become complicated/entail the process of deciding the RTI applications/supplementary applications within prescribed time limit.  Resultantly, the overall effectiveness of RTI Act will be adversely affected in the eyes of general public. Hence PIO should not entertain his revised request at all.      

Sunday, February 20, 2011

KEY FOR RTI


MODULE - 1, CHAPTER - 1
Quiz Question  #1:Which of the following statements is factually correct? i) All countries having FoI / RTI have an explicit mention about FoI / RTI in their Constitutions. ii) There are some countries where there is FoI / RTI Law, but no explicit mention of FoI / RTI in the Constitution. iii) There are countries having FoI / RTI at the state / provincial / regional level in addition to the national level. iv) The national FoI / RTI laws of all countries have been enacted because the United Nations General Assembly has mandated them to do so.
Your Answer:C.  ii) & iii)
Correct Answer:C.  ii) & iii)
Reason:Correct.
Quiz Question  #2:FoI / RTI finds a mention in:
Your Answer:D.  All the above covenants.
Correct Answer:D.  All the above covenants.
Reason:Correct.
Quiz Question  #3:FoI / RTI laws are also referred to as:
Your Answer:B.  "open-government laws" and "sunshine laws"
Correct Answer:B.  "open-government laws" and "sunshine laws"
Reason:Correct.
MODULE - 1, CHAPTER - 2
Quiz Question  #1:The `Right to Information Act, 2005` was enacted on
Your Answer:A.  21st June, 2005.
Correct Answer:A.  21st June, 2005.
Reason:Correct.
Quiz Question  #2:The fact is that even before the `Freedom of Information Act, 2002` was passed by the Parliament,
Your Answer:C.  Some States had their own legislations on RTI
Correct Answer:C.  Some States had their own legislations on RTI
Reason:Correct.
Quiz Question  #3:If there were to be any conflict between the provision of any of the State-specific RTI legislations and the `RTI Act, 2005`, the former would prevail
Your Answer:A.  Right
Correct Answer:B.  Wrong
Reason:Incorrect. The correct answer is b. - The provisions of the `RTI Act, 2005` would prevail over any existing or future State or national legislations to the extent of repugnancy of the provisions concerned.
MODULE - 1, CHAPTER - 3
Quiz Question  #1:It has been the purpose of the practical regime of the `RTI Act, 2005` to preserve the supremacy of the democratic ideal along with
Your Answer:D.  a, b and c
Correct Answer:D.  a, b and c
Reason:Correct.
Quiz Question  #2:How many schedules does the `RTI Act, 2005` have?
Your Answer:B.  2
Correct Answer:B.  2
Reason:Correct.
Quiz Question  #3:"Record" as defined by the `RTI Act, 2005` does include:
Your Answer:C.  Material produced by a computer.
Correct Answer:D.  All the above.
Reason:Incorrect. The answer is d. - All the above
MODULE - 2, CHAPTER - 1
Quiz Question  #1:Which of the following has not been defined as a Competent Authority by the `RTI Act, 2005`- i) Chairman of Rajya Sabha in the case of Council of States. ii) Government of India iii) Chief Justice of a High Court in the case of a High Court.
Your Answer:C.  Only ii)
Correct Answer:C.  Only ii)
Reason:Correct.
Quiz Question  #2:Rules can be made by Appropriate Governments or Competent Authorities by notifying the rules: i) in the Official Gazette. ii) by publishing them on the website of the Appropriate Government. iii) by publishing them on the websites of Information Commissions - as applicable.
Your Answer:A.  i) as per the `RTI Act, 2005`
Correct Answer:A.  i) as per the `RTI Act, 2005`
Reason:Correct.
Quiz Question  #3:Consider the following points about the rule-making power under the `RTI Act, 2005` i) Only Appropriate Governments have rule-making power. ii) Only Competent Authorities have rule-making power. iii) Appropriate Governments have rule-making power at the Central Level and Competent Authorities have rule-making power at the State Level. iv) All Appropriate Governments and Competent Authorities defined by the RTI Act, 2005 have rule-making power with respect to their stated jurisdictions.
Your Answer:D.  Only iv) is true.
Correct Answer:D.  Only iv) is true.
Reason:Correct.
MODULE - 2, CHAPTER - 2
Quiz Question  #1:For what reasons can a PIO reject an RTI request under the `RTI Act, 2005`?
Your Answer:A.  Any reason(s) as specified in S(s). 8 and / or 9 i.e information exempted under the `RTI Act, 2005`.
Correct Answer:A.  Any reason(s) as specified in S(s). 8 and / or 9 i.e information exempted under the `RTI Act, 2005`.
Reason:Correct.
Quiz Question  #2:The Act requires the designation within a `Public Authority` of
Your Answer:D.  All the above
Correct Answer:D.  All the above
Reason:Correct.
Quiz Question  #3:What is the requirement under `RTI Act, 2005` regarding updating the publications under S. 4(1)(b)?
Your Answer:A.  There is no requirement under the `RTI Act, 2005` to update the publications under S. 4(1)(b).
Correct Answer:D.  Updation of the information so published has to be done every year.
Reason:Incorrect. The answer is d. - Updation of the information published under S. 4(1)(b) has to be done every year as per S. 4(1)(b)(xvii) of the `RTI Act, 2005.
MODULE - 2, CHAPTER - 3
Quiz Question  #1:Which of the following would not be a member of the Committee that appoints the Commissioners of the Central Information Commission?
Your Answer:A.  The Chairman of Rajya Sabha.
Correct Answer:A.  The Chairman of Rajya Sabha.
Reason:Correct.
Quiz Question  #2:Salaries and allowances of the State Chief Information Commissioner will be on par with
Your Answer:D.  Election Commissioner.
Correct Answer:D.  Election Commissioner.
Reason:Correct.
Quiz Question  #3:There could be a time limit for deciding appeals of a `Third Party` by an Information Commission
Your Answer:C.  if the third party happens to be from within the same Public Authority against whose PIO` / FAA` decisions, the second appeal has been made.
Correct Answer:D.  There is no such provision for time limit for hearing third party`s appeals at all in the `RTI Act, 2005`.
Reason:Incorrect. The answer is d. - There is no such provision in the `RTI Act, 2005` for time limit for hearing third party`s appeals at all.
MODULE - 3, CHAPTER - 1
Quiz Question  #1:As per the `RTI Act, 2005`, the fee(s) to be charged from a person below poverty line is
Your Answer:A.  nil
Correct Answer:A.  nil
Reason:Correct.
Quiz Question  #2:Notice of an application involving 3rd party information should be given to the 3rd party
Your Answer:C.  within 5 days of receipt of the application.
Correct Answer:C.  within 5 days of receipt of the application.
Reason:Correct.
Quiz Question  #3:How much time does an APIO, at the most, have to transfer an RTI application / appeal to the Public Information Officer / First Appellate Authority?
Your Answer:B.  5 days
Correct Answer:B.  5 days
Reason:Correct.
MODULE - 3, CHAPTER - 2
Quiz Question  #1:The First Appellate Authority
Your Answer:A.  should be senior to all the Public Information Officers within the unit of a Public Authority concerned.
Correct Answer:A.  should be senior to all the Public Information Officers within the unit of a Public Authority concerned.
Reason:Correct.
Quiz Question  #2:The First Appellate Authority should decide on first appeals i) within 30 days from the receipt of the first appeals. ii) in less number of days that the PIO concerned took to take a decision on the application. iii) within 45 days from the date of receipt of the appeal, if the reasons are recorded.
Your Answer:A.  Only i)
Correct Answer:C.  Only i) & iii).
Reason:Incorrect. The answer is c. - Only i) & iii).
Quiz Question  #3:Consider the following statements about Information Commissions. i) There is no time limit for the Information Commissions to decide 2nd appeals. ii) Decisions of Information Commissions are binding only on the appellants, but not on the Public Authorities. iii) There is a lower limit for the penalty that Information Commissions can impose on a PIO. iv) There is no upper limit for the penalty that Information Commissions can impose on a PIO. Which of these are false?
Your Answer:B.  Only ii) & iv).
Correct Answer:B.  Only ii) & iv).
Reason:Correct.
MODULE - 3, CHAPTER - 3
Quiz Question  #1:The grounds for a complaint could be i) inability to submit a request to the PIO. ii) refusal to access information under the RTI Act. iii) not getting a response to a request for information.
Your Answer:D.  All i), ii) & iii).
Correct Answer:D.  All i), ii) & iii).
Reason:Correct.
Quiz Question  #2:The grounds for a complaint could be i) being asked to pay an unreasonablevamount of fee. ii) being given incomplete or false information. iii) any matter relating to requesting or obtaining access to records.
Your Answer:A.  All i), ii) & iii).
Correct Answer:A.  All i), ii) & iii).
Reason:Correct.
Quiz Question  #3:A Public Information Officer will be liable to be imposed a monetary penalty for i) refusal to receive an information application. ii) not providing information within specified time limits. iii) destroying information.
Your Answer:A.  All i), ii) & iii).
Correct Answer:A.  All i), ii) & iii).
Reason:Correct.
MODULE - 4, CHAPTER - 1
Quiz Question  #1:There are certain exemptions with respect to the information that can be provided under the `RTI Act, 2005`.
Your Answer:A.  True.
Correct Answer:A.  True.
Reason:Correct. Exemptions are in the form of certain types of information being exempted as stipulated by Ss. 8 and 9. As and where these exemptions are applicable, information can be entirely / partially rejected.
Quiz Question  #2:PIO should disclose information exempted in S. 8(1) if public interest in disclosure outweighs the harm to the protected interests.
Your Answer:B.  Yes.
Correct Answer:B.  Yes.
Reason:Correct.
Quiz Question  #3:If a PIO reasonably severs non-exempted portions of a record from exempted portions, and partially provides information to an applicant, he / she has to i) give the name and designation of the person giving the decision. ii) reasons for the decision. iii) details of fees the applicant may have to pay. iv) applicants rights for a review of the decision.
Your Answer:B.  All i), ii), iii) & iv) are true.
Correct Answer:B.  All i), ii), iii) & iv) are true.
Reason:Correct.
MODULE - 4, CHAPTER - 2
Quiz Question  #1:The Second Schedule of the RTI Act, 2005 lists
Your Answer:A.  the intelligence and security organisations established by the Central Government that are exempted from the purview of the `RTI Act, 2005`.
Correct Answer:A.  the intelligence and security organisations established by the Central Government that are exempted from the purview of the `RTI Act, 2005`.
Reason:Correct.
Quiz Question  #2:Which of the follwing information pertaining to exempted organisations shall not be excluded under the `RTI Act, 2005`? i) Allegations of corruption. ii) Allegations of human rights violations. iii) Policies for human resource management. iv) Method of granting subsidies.
Your Answer:A.  Only i).
Correct Answer:C.  i) & ii).
Reason:Incorrect. The answer is c - i) & ii).
Quiz Question  #3:According to the `RTI Act, 2005`, as far as exempted organisations are concerned, the exemption applies to i) certain organisations of the Central Government as listed in the 2nd Schedule and to the information submitted by these organisations to this Government. ii) certain organisations of the State Governments as may be notified by them in the Official Gazette, but NOT to the information furnished by these organisations to the respective State Governments.
Your Answer:C.  Both i) & ii) are true.
Correct Answer:C.  Both i) & ii) are true.
Reason:Correct.
MODULE - 4, CHAPTER - 3
Quiz Question  #1:Would the action in good faith provision be applicable if a PIO unknowingly discloses exempted information.
Your Answer:A.  Yes. It applies to any action of any official under the `RTI Act` or any rule thereunder.
Correct Answer:A.  Yes. It applies to any action of any official under the `RTI Act` or any rule thereunder.
Reason:Correct.
Quiz Question  #2:After the enactment of the `RTI Act, 2005`, what is the status of the `Freedom of Information Act, 2002`?
Your Answer:C.  It has been repealed.
Correct Answer:C.  It has been repealed.
Reason:Correct.
Quiz Question  #3:What is the time span mentioned in the `RTI Act, 2005` for making orders for removing difficulties in giving effect to the provisions of the `RTI Act, 2005`?
Your Answer:A.  2 years from the commencement of the Act.
Correct Answer:A.  2 years from the commencement of the Act.
Reason:Correct.