Central Information Commission
Shri Chanderkant Jamnadas Karira vs Vice-President’S Secretariat, New ... on 8 January, 2010
CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2009/900352 dated: 11.11.2008
Right to Information Act 2005-Section 18(1) (f)
Complainant: Shri Chanderkant Jamnadas Karira
Respondent: Vice-President's Secretariat, New Delhi.
Decision Announced 08-01-2010
Facts:-
The Commission has received a complaint from Shri Chanderkant Jamnadas Karira of Secunderabad, against the secretariat of Vice President of India alleging that the public authority has prescribed a specific form for seeking information under RTI, seeking declaration from the applicant while seeking the information, payment of fee payable to the DDO of the Public Authority and to provide for the details like gender, date of birth etc. which is in contravention to various provisions of the Right to Information Act. The complainant has made his complaint both before the appellate authority and the CPIO of the Vice President Secretariat before moving to this Commission.
Admitting Shri Karira's complaint petition under Section 18 (1) (f) of the said Act the Commission called for comments by our notice dated 7th Sep, 2009. The Director who is CPIO, Vice President's Secretariat, has informed this Commission by letter of 9th Sep., 2009 that 'It is mentioned that a complaint was received from Shri Chanderkant Jamnadas Karira through e-mail on 23rd October, 21008 to the First Appellate Authority, Vice-President's Secretariat and the CPIO, Vice President Secretariat, No. 6, Maulana Azad Road, New Delhi, reply of the same was sent by CPIO by e-mail on 7th November, 2008 Copy of which was also sent to CIC at their email ID [email protected].
In this regard response was received by the applicant Shri C.J. Karira on the same day stating "I very much appreciate your clarifications, but at the same time would like to inform you that since I have already filed a complaint under 1 Section 18(1) (f) against the Public authority, it would be proper if we wait for the CIC to conduct a hearing of the Complaint and pass appropriate orders"
Decision Notice The issues raised by the complainant are the bare minimum that a Public Authority should put in place. We find sense in the objections raised by the complainant requiring simply an interpretation of the application of the Act by a public authority.
We examine first the issues raised by the complainant at item No. 1, 3 and 4:
1. The Public Authority has prescribed a specific form for seeking information under the RTI Act 2005.
2. Further the prescribed format asks for the information seeker to provide information like "Gender, Date of Birth, Father's full name, Mother's full name," etc.
3. The prescribed format further seeks a "Declaration from the Applicant"
which, amongst other oaths, also requires the applicant to "........ owe allegiance to the sovereignty, unity and integrity of India......"
In our decision No. CIC/C/1/2006 dated 30th January, 2006 has already decided that, "No department is proscribed for designing an application format facilitating identification and therefore ease of access to information sought. In its statement of object and reasons the RTI Act is to promote transparency and accountability in the working of every Public Authority, hence it is incumbent upon any Public Authority prescribing a format that it remains simple and comprehensible as well as acceptable to common folk".
We have also examined circular No. 1/2/2007-IR dated 23rd March, 2007 issued by the DoPT at para 5 (IV) that reads "Applications submitted by the 2 applicants are not refused on the ground that it has not been submitted in prescribed format."
It is therefore, generally accepted that there is no bar to a public authority prescribing a format. However, if an application is submitted by an applicant it cannot be refused simply on the ground that it has not been submitted in the prescribed format. The letter sent by Shri Ashok Dewan to Shri Karira also clarifies that the application under RTI can be submitted with them on any format and the prescribed application form is not mandatory. This form is prescribed only for guidance. DoPT in their circular 1/2/2007-IR dated 23rd March, 2007 and 1/4/08-IR dated 25th April, 2008 have clarified this issue. Para 3 of F.No. 1/2/2007-IR dt. 23.3.2007 reads "The Act or Rules notified by the Government do not prescribe any format of application for seeking information."
On the other hand, we see that the Vice President's Secretariat in the format prescribed asks for the Gender, date of Birth, Father's full name and mother's full name, proof of residence etc. which is indeed in contravention to section 6(2) of the Right to information Act, 2005 which reads "An application making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him 1 ."
We have also examined that the prescribed format further seeks a declaration from the applicant which amongst other oaths also requires the applicant to ".....owe allegiance to the sovereignty, unity and integrity of India......" Sec 3 of the Act no doubt mandates that "all citizens should have the right to information" A bare minimum requirement for a citizen who desires to obtain any information under this Act is that he shall make a request in writing or through electronic means in English or in Hindi or in the official language of the area in which the application is being made. It is clear therefore, that asking the 1 Underlined by us for ease of reference 3 applicants to declare any form of allegiance is ultra vires. For this reason it is recommended that it is only in cases where there is a reasonable doubt as to the citizenship of the applicant that the public authority may seek proof of citizenship, which presumably is the objective of the above clause The Vice President's Secretariat is a public authority governed by rules notified in the Official gazette by the Govt. of India, as per Sec 27 and by the President of India u/s 28. Accordingly the Vice President's Secretariat is hereby directed under section 19(8)(a) of the RTI Act to modify the format for seeking information in such a way that it does not come in conflict with any of the provisions of the Act and Rules made thereunder, as discussed above.
We now examine the issues raised by Shri Karira at item 2 of his prayers before us.
"The instruction for obtaining information, as available on the website, obligate (the word used is "shall") that the instruments for payment should be" .... Payable to the Drawing and Disbursing Officer, Vice President's Secretariat."
We have examined the procedure for obtaining the information available on the website of Vice President Secretariat reading "The application for obtaining information shall be accompanied by an application fee of rupees ten by way of cash against proper receipt or by demand draft or bankers cheques payable to the Drawing and Disbursing Officer, Vice-President's Secretariat".
The power to make rules in regard to the cost or fee payable for seeking information is that of the appropriate Government. The Vice President's Secretariat is hereby directed under Section 19(8)(a) to ensure that payment details of fees to be paid by a citizen are in keeping with the Right to Information (Regulation of Fee and Cost) Rules 2005 & the amendments to the 2006. The complaint is allowed on the above terms.
4Announced this eighth day of January 2009. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 08-01-2010 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.
(PK Shreyaskar) Jt. Registrar 08-01-2010 5