Central Information Commission
Sreekanth S. L. vs Shree Chitra Triunal Institute For ... on 19 May, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/SCTMS/A/2024/616184.
Shri. Sreekanth S. L. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Shree Chitra Tirunal Institute for Medical
Sciences and Technology.
Date of Hearing : 15.05.2025
Date of Decision : 15.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 28.11.2023
PIO replied on : 21.12.2023
First Appeal filed on : 20.01.2024
First Appellate Order on : NA
2 Appeal/complaint received on
nd : 23.04.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 28.11.2023 seeking information on following points:-
"1. Copy of the minutes of the 107th, 108th, 109th, 110th, 111th, 112th, 113th Governing Body meeting of SCTIMST
2. Copy of the minutes of all the Institute Body meetings since July 2020."
The CPIO vide letter dated 21.12.2023 replied as under:-
"1 & 2. As per the decision of GB/IB that any specific RTI that relates to a particular and relevant issue may be disclosed to the applicant as per rules."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.01.2024. which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing Page 1 Respondent: Dr. Easwar H V, CPIO- participated in the hearing through video-conferencing.
The Appellant stated that the relevant information has not been furnished to him till date. He stated that information sought relates to minutes of Governing body meeting of the institute and same ought to have been provided by the PIO as per the provision of the RTI Act. He stated that relevant information was not provided by the PIO and PIO has not invoked any exemption clause while denying the information sought which is gross violation of the RTI Act.
The Respondent stated that the as per the decision of Governing body/IB that any specific RTI that relates to a particular and relevant issue may be disclosed to the applicant as per rules and accordingly the request of the applicant for disclosure of minutes of the meetings was not disclosed by the PIO.
Decision:
Having heard both the parties and on perusal of the available records, the Commission observed that the CPIO has relied on the rationale that the information as sought in the instant RTI Application cannot be disclosed due to the reason that 'as per the decision of Governing body/IB that any specific RTI that relates to a particular and relevant issue may be disclosed to the applicant as per rules'. Commission observes that concededly the CPIO has not claimed any exemption enlisted under the exemption clauses of Section 8 or 9 of the RTI Act while denying the information as sought in the instant RTI Application. It is pertinent to mention here that in order to deny information, it is important that the denial should be as per the provisions of the RTI Act and also if any of the exemption clauses mentioned under 8 and 9 of the RTI Act, 2005 is claimed, the Respondent is required to provide justification or establish the reason why such exemption was claimed.
The Commission also observed that as per the provisions of Section 19 (5) of the RTI Act, 2005, in an Appeal proceeding, the onus to prove that a denial of a request was justified shall be on the CPIO. Neither the Respondent present during the hearing nor the CPIO responding to the RTI application, could justify their position as to how the disclosure of information would be in contravention to any of the provisions enshrined under Section 8 and 9 of the RTI Act, 2005.
In view of foregoing the CPIO is directed to consider the instant RTI application afresh and furnish revised reply as available in their records, with regards to the instant RTI Application to the Appellant, strictly as per the provision of RTI Act. In doing so PIO must ensure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the Appellant and same must Page 2 be redacted under section 10 of the RTI Act, 2005 prior to the said disclosure.
The Commission also deems this a fit case and strongly recommends the Respondent-PIO to take necessary steps for suo motu disclosure of maximum information on their website, related to minutes of the Governing Body meeting in compliance of the provisions of Section 4 of the RTI Act in order to promote transparency and accountability in functioning of the public authority. There is no denying that the Respondent is duty bound by virtue of the provisions of Section 4 of the RTI Act to publish the information on its website so that the public have minimum resort to the use of the RTI Act to obtain the information. Accordingly, the Respondent public authority is advised to place the maximum information related to minutes of the meeting/circulars/policy decisions/orders/ Recruitment Rules issued by their department on their official website as per the provisions of Section 4 of the RTI in the larger public interest. While proactively disclosing the information mentioned above, due caution should also be exercised by the Respondent to strictly adhere to the provisions of the RTI Act and redact any information which falls under the purview of the Section 8 and 9 of the RTI Act. No further action lies.
Appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
1. It is recommended to improve upon following provision(s) of suo-motu disclosure in compliance with clause (b) of sub-section(1) of section 4 of the RTI Act, 2005:
(i) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councilscommittees and other bodies are open to the public, or minutes of such meetings are accessible for public.
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