NL RTI-CIC 13404

http://indiankanoon.org/doc/149659156/

 

Central Information Commission

Mr. Ayodhya Prasad Tripathi vs High Court on 4 April, 2013

 

Central Information Commission, New Delhi

 

File No.CIC/WB/C/2010/0000455­SM

 

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.

(Satyananda Mishra)

 

Chief Information Commissioner

 

CIC/WB/C/2010/0000455­SM

 

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.

 

(Vijay Bhalla)

 

Deputy Registrar

 

CIC/WB/C/2010/0000455­SM

 

RTI Foundation of India

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

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RTI Foundation of India

 

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