Search Results Page
Search Results
1 - 5 of 5 (0.27 seconds)Centrlal Board Of Sec.Education & Anr vs Aditya Bandopadhyay & Ors on 9 August, 2011
It also appears that the Appellant has grossly misconceived the idea of exercising
his Right to Information as being absolute and unconditional. It is rather
unfortunate that even the best of intentions have to not only stand the test of
procedural requirements and fetters laid down in the RTI Act but also stand the
test of practicality, a notion well recognised by superior Courts through various
judgments such as the Hon'ble Supreme Court's observation in Central Board of
Secondary Education (CBSE) & Anr. v. Aditya Bandhopadhyay and others [(2011)
8 SCC 497] stating that:
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:
Dr. Celsa Pinto, Ex-Officio Joint ... vs The Goa State Information Commission ... on 3 April, 2008
(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:
Section 6 in The Right to Information Act, 2005 [Entire Act]
1