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1 - 9 of 9 (0.28 seconds)The Code of Civil Procedure, 1908
Hansi Rawat & Anr. vs Punjab National Bank & Ors. on 11 January, 2013
The Hon'ble High Court of Delhi in the matter of Hansi Rawat and Anr. v. Punjab
National Bank and Ors. (LPA No.785/2012) dated 11.01.2013 has held as under:
State(Govt Of Nct Of Delhi) vs Rajinder Prasad Sharma on 2 December, 2014
"6. ....proceedings under the RTI Act cannot be converted into
proceedings for adjudication of disputes as to the correctness of the
information furnished."(Emphasis Supplied)
The aforesaid rationale finds resonance in another judgment of the Hon'ble
Delhi High Court in the matter of Govt. of NCT of Delhi vs. Rajender Prasad
(W.P.[C] 10676/2016) dated 30.11.2017 wherein it was held as under:
Khanapuram Gandaiah vs Administrative Officer & Ors on 4 January, 2010
"35. At this juncture, it is necessary to clear some misconceptions about
the RTI Act. The RTI Act provides access to all information that is available and
existing.........A public authority is also not required to furnish information
which require drawing of inferences and/or making of assumptions. It is also
not required to provide `advice' or `opinion' to an applicant, nor required to
obtain and furnish any `opinion' or `advice' to an applicant. The reference to
`opinion' or `advice' in the definition of `information' in section 2(f) of the Act,
only refers to such material available in the records of the public authority.
Many public authorities have, as a public relation exercise, provide advice,
guidance and opinion to the citizens. But that is purely voluntary and should not
be confused with any obligation under the RTI Act." (Emphasis Supplied)
Similarly, in the matter of Khanapuram Gandaiah vs Administrative Officer
&Ors. [SLP (CIVIL) NO.34868 OF 2009], the Hon'ble Supreme Court held as
under:
Section 6 in The Right to Information Act, 2005 [Entire Act]
Section 12 in The Right to Information Act, 2005 [Entire Act]
Union Of India vs This Review Petition Having Come Up For ... on 26 February, 2014
While, the Apex Court in the matter of Union of India vs Namit Sharma (Review
Petition [C] No.2309 of 2012) dated 03.09.2013 observed as under:
Dr. Celsa Pinto, Ex-Officio Joint ... vs The Goa State Information Commission ... on 3 April, 2008
"7....Public Information Officer is not supposed to have any material which
is not before him; or any information he could have obtained under law.
Under Section 6 of the RTI Act, an applicant is entitled to get only such
information which can be accessed by the "public authority" under any other law
for the time being in force. The answers sought by the petitioner in the
application could not have been with the public authority nor could he have had
access to this information and Respondent No. 4 was not obliged to give any
reasons as to why he had taken such a decision in the matter which was before
him...." (Emphasis Supplied)
And, in the matter of Dr. Celsa Pinto, Ex-Officio Joint Secretary,(School
Education) vs. The Goa State Information Commission [2008 (110) Bom L R
1238], the Hon'ble Bombay High Court held as under:
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