Central Information Commission
Mr. Ayodhya Prasad Tripathi vs High Court on 4 April, 2013
Central Information Commission, New Delhi
Right to Information Act2005Under Section (19) Date of hearing : 4 April 2013 Date of decision : 4 April 2013
Name of the Appellant : Shri Ayodhya Prasad Tripathi, 77, Khera Khurd, Delhi - 110 082.
Name of the Public Authority : CPIO, Allahabad High Court, Allahabad, U.P.
The Appellant was present in person.
On behalf of the Respondent, Shashikant Tripathi, CAPIO was present. Chief Information Commissioner : Shri Satyananda Mishra
2. Both the parties were present during the hearing and made their submissions.
3. In his RTI applications, the Appellant had referred to the civil miscellaneous writ petition number 9672/1988 and had wanted to know what action the High Court would take against the culprits and where should he go to get justice if the High Court would not take action against those culprits. The CPIO had refused to provide any information by citing some rules of the Allahabad High Court Right to Information Rules 2006 as per which, information CIC/WB/C/2010/0000455SM relating to judicial matters could not be disclosed under RTI.
4. The Appellant submitted that the High Court had ruled in his favour in the above matter. However, those orders have not yet been implemented or complied with by the concerned even though such a long time has elapsed. While we understand the agony of the Appellant, unfortunately, he cannot get the desired information under RTI. The CPIO is required to provide only that information which is already available in material form. Besides, as far as the Allahabad High Court is concerned, it has already put in place rules under which it gives access to the citizens to its judicial records which must be followed to find out about the cases pending or decided by the Court and not under the RTI. Therefore, we cannot blame the CPIO for not providing any information as desired by the Appellant.
5. However, we have some advice for the CPIO. Whenever he decides not to disclose any information, his order should be speaking. He cannot simply cite the rules framed by the High Court to deny any information. In this case, he has not bothered to show how the desired information would be covered under any of these rules framed by the High Court.
6. The case is disposed off accordingly.
7. Copies of this order be given free of cost to the parties.
Chief Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
Can PIO of Allahabad HC deny the information by citing the
Court RTI rules? 16 Apr, 2013 Background The appellant referred to a particular
civil miscellaneous writ petition and filed an application under the Right to
Information (RTI) Act with the Allahabad High Court seeking to know as to what
action the High Court would take against the culprits and where should he go to
get justice if the High Court would not take action against those culprits. The
Public Information Officer (PIO) denied the information holding that as per the
Allahabad High Court Right to Information Rules 2006, the information relating
to judicial matters could not be disclosed under RTI. Proceedings During the
hearing the before Central Information Commission (CIC), the appellant
submitted that the High Court had ruled in his favour in the matter and those
orders have not been implemented by the concerned even though a long time has
elapsed. View of CIC The Commission observed that the PIO is required to
provide only that information which is available in material form. The CIC also
noted that the Allahabad High Court has a separate set of rules under which
access is provided to the citizens to its judicial records. These rules must be
followed to find out about the cases pending or decided by the Court and the
same are not to be disclosed under. Holding that the PIO cannot be held
responsible for not providing any information, the Commission commented that
the PIO has not bothered to show how the desired information would be covered
under any of these rules framed by the High Court. The CIC pointed that the PIO
cannot simply cite the rules framed by the High Court to deny any information
and advised the PIO to pass a speaking order whenever he decides not to
disclose any information. Comments Information covered under the section 8 and
9 of the RTI Act is exempt from disclosure and it denial of information under
other any rules / law is not permissible for denial of information. Citation:
Mr. Ayodhya Prasad Tripathi v. Allahabad High Court in File No. CIC/WB/C/2010/0000455SM
RTI Citation : RTIFI/2013/CIC/1199 Click here to view original RTI order of
Court / Information Commission