Definition Of "Public Authority" Under RTI Act Has No Application In Service Dispute: Delhi High Court
2 years, 5 months ago

Definition Of "Public Authority" Under RTI Act Has No Application In Service Dispute: Delhi High Court

Live Law  

The Delhi High Court has observed that the definition of 'public authority' as contained under sec. In the said judgment, the Court was concerned with the question as to whether the respondent was a "public authority" within the meaning of Section 2 of the Right to Information Act, 2005. The definition of "public authority" as contained in Section 2 of the RTI Act has no application or relevance, whatsoever, in the present case, which is in the nature of a service dispute between the petitioner and the respondent." The Court also observed that even if the respondent were to have averred that it was not a "public authority", that could not have constituted a basis for invocation of sec. Indeed, the issue of whether the respondent is a "public authority" may not even arise for consideration in the present case, as that is a concept endemic to the RTI Act," the Court said.

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History of this topic

For enforcing RTI, High Courts come under the jurisdiction of Central and not State Information Commission
1 day, 10 hours ago

For enforcing RTI, High Courts come under the jurisdiction of Central and not State Information Commission

The Hindu  

In a significant order, the Central Information Commission has ruled that all the High Courts, as public authorities under the Right to Information Act, 2005, will fall within the jurisdiction of the Central Information Commission and not the State Information Commission. Jurisdiction issue The CPIO went on to say that the Central Information Commission lacked jurisdiction in the matter and …

Can’t refuse information under RTI on grounds that it’s ‘bulky’, says Delhi High Court
8 months, 1 week ago

Can’t refuse information under RTI on grounds that it’s ‘bulky’, says Delhi High Court

The Hindu  

The High Court has held that a public authority cannot deny information under the Right to Information Act on the grounds that the information sought is “bulky”. The court said that denying information on the grounds that the information sought by an individual is bulky “will amount to adding one more exemption under Section 8 of the RTI Act”. The …

CBI not totally exempted from RTI Act: Delhi High Court
11 months ago

CBI not totally exempted from RTI Act: Delhi High Court

Hindustan Times  

The Central Bureau of Investigation is not exempt from disclosing information it possesses about corruption and human rights violations under the Right to Information Act, the Delhi high court has said. Section 24 of RTI Act gives intelligence and security agencies such as CBI immunity from the Act, with the proviso that such agencies should disclose information held by them …

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders
1 year, 4 months ago

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders

Live Law  

In a significant ruling, the Punjab & Haryana High Court recently held that authorities including the Appellate Authorities under the Right to Information Act have been passing “cryptic and non-speaking orders” in violation of the judgements of the Supreme Court, High Courts and mandate of the RTI Act.Justice Vikas Bahl thus directed authorities handling appeals under the Right. In a …

RAW is exempted under RTI Act unless the issue concerns human rights or corruption: Delhi High Court
1 year, 8 months ago

RAW is exempted under RTI Act unless the issue concerns human rights or corruption: Delhi High Court

The Hindu  

The Delhi High Court has reiterated that unless the nature of information sought relates to human rights or corruption related issues, information on India’s external intelligence agency, the Research and Analysis Wing, is not liable to be disclosed. The High Court’s observation came while declining to interfere with an order of the Central Information Commission refusing to supply information relating …

Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act
1 year, 8 months ago

Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act

Live Law  

The Delhi High Court on Wednesday sought response of the Union of India on pleas seeking information in respect of recommendations of the Supreme Court Collegium under Right to Information Act, 2005.Calling it an “important matter”, Justice Prathiba M Singh asked Additional Solicitor General Chetan Sharma to seek appropriate instructions and file an affidavit as the RTI applications relate. The …

RTI | Delhi High Court To Hear Pleas Seeking Copies Of Documents Relating To Collegium Recommendations On April 12
1 year, 10 months ago

RTI | Delhi High Court To Hear Pleas Seeking Copies Of Documents Relating To Collegium Recommendations On April 12

Live Law  

The Delhi High Court is set to consider the question as to whether information relating to recommendations made by Supreme Court Collegium can be disclosed under Right to Information Act, 2005.Justice Prathiba M Singh listed for hearing on April 12 a batch of three petitions seeking information in respect of Collegium recommendations. The Delhi High Court is set to consider …

Lawyer Moves Delhi High Court Seeking Disclosure Of Information Regarding Procurement, Funding Of COVID-19 Vaccines
2 years ago

Lawyer Moves Delhi High Court Seeking Disclosure Of Information Regarding Procurement, Funding Of COVID-19 Vaccines

Live Law  

A lawyer has moved the Delhi High Court seeking disclosure of various information regarding procurement, funding and purchase of COVID-19 vaccines by the Central Government under the under the Right to Information Act, 2005.Lawyer and author of books on intellectual property rights Prashant Reddy T. has filed three petitions before the court. A lawyer has moved the Delhi High Court …

Employee's Performance Is "Personal Information" Exempted U/S 8(1)(j) RTI Act: J&K&L High Court
2 years, 2 months ago

Employee's Performance Is "Personal Information" Exempted U/S 8(1)(j) RTI Act: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Saturday reiterated that the "performance of an employee or an officer in an organisation is primarily a matter between the employee and the employer and falls within the meaning of personal information." While the Public Information Officer of KVS on 1 March 2014 declined to provide the information on the ground …

RTI Act | Right To 'Inspection Of Work' Of Any Public Authority U/S 2(j) Does Not Include 'Inspection Of Property': Delhi High Court
2 years, 5 months ago

RTI Act | Right To 'Inspection Of Work' Of Any Public Authority U/S 2(j) Does Not Include 'Inspection Of Property': Delhi High Court

Live Law  

The Delhi High Court has held that the words "inspection of work" under Section 2 of the Right To Information Act, 2005 does not include "inspection of property" under its ambit.Section 2 stipulates that right to information means the right to information accessible under the Act which is held by or under the control of any public authority and includes …

Delhi HC Upholds CIC Order Denying Information To Husband About Complaints Filed By Estranged Wife Against Previous Husbands
3 years, 4 months ago

Delhi HC Upholds CIC Order Denying Information To Husband About Complaints Filed By Estranged Wife Against Previous Husbands

Live Law  

The Delhi High Court has upheld an order passed by Central Information Commission denying information to a husband about complaints lodged by his estranged wife against her two previous husbands and their family members under the Right to Information Act, 2005. Four RTI applications were filed by the third husband, petitioner in the case, seeking information about the complaints registered …

Personal Information Having No Relation To Any Public Activity, Public Interest Cannot Be Disclosed Under RTI Act: Delhi High Court
3 years, 5 months ago

Personal Information Having No Relation To Any Public Activity, Public Interest Cannot Be Disclosed Under RTI Act: Delhi High Court

Live Law  

The Delhi High Court on Monday observed that any personal information having no relation with any public activity or public interest cannot be disclosed under the Right to Information Act. The Court also said that disclosure of such information can cause an unwarranted invasion into one's privacy.The observation came from a division bench comprising of Chief Justice DN Patel and …

Public Authority To Give Cogent Reasons For Claiming Exemption From Disclosure Of Information Sought Under The RTI Act: Delhi High Court
3 years, 11 months ago

Public Authority To Give Cogent Reasons For Claiming Exemption From Disclosure Of Information Sought Under The RTI Act: Delhi High Court

Live Law  

Delhi High Court has on Friday observed that when a public authority withholds information under RTI Act, the burden is on the public authority to show in what manner disclosure of such information could impede the investigation. The present petition was filed seeking directions to impugn the order dated 15th January 2018 passed by the Central Information Commission, whereby it …

Disclosure Of Interest Necessary Only When 'Personal' Information Sought Under RTI Act: Delhi High Court Clarifies Its Recent Ruling
3 years, 11 months ago

Disclosure Of Interest Necessary Only When 'Personal' Information Sought Under RTI Act: Delhi High Court Clarifies Its Recent Ruling

Live Law  

The Delhi High Court on Friday clarified that whenever 'Personal Information' is sought under the 'Right To Information Act, 2005', the disclosure of applicant's interest in the information being sought would be necessary to establish his/her bonafides. Justice Prathiba Singh, on 29th January, observed that there has been an "inadvertent omission" in the earlier order and the Bench further clarified …

RTI- CPIO/PIO Cannot Function As 'Post Offices' And Withhold Information Without Reasonable Cause, Delhi High Court
3 years, 11 months ago

RTI- CPIO/PIO Cannot Function As 'Post Offices' And Withhold Information Without Reasonable Cause, Delhi High Court

Live Law  

The Delhi High Court has recently held that the Central Public Information Officer or PIOs cannot withhold information without reasonable cause and that such officers cannot function merely as "post offices" while dealing with information sought under the Right to Information Act. The Court while reiterating various principles of the CPIOs and other Public information Officers held that the government …

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’
3 years, 11 months ago

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’

Hindustan Times  

The Delhi high court has modified its earlier order to state that disclosure of applicant’s interest in the information sought under the Right to Information Act is “necessary” only when personal information is sought. On Friday, justice Prathiba Singh modified her earlier order of Jan 12 where it had said that the reason for disclosure of applicant’s interest is “necessary” …

Disclosure Of Interest In Information Being Sought Under RTI Act Necessary To Establish Applicant's Bonafide: Delhi High Court
3 years, 11 months ago

Disclosure Of Interest In Information Being Sought Under RTI Act Necessary To Establish Applicant's Bonafide: Delhi High Court

Live Law  

The Delhi High Court on Tuesday observed that whenever information is sought under the 'Right To Information Act, 2005', the disclosure of applicant's interest in the information being sought would be necessary to establish his/her bonafides. The Bench of Justice Prathiba M. Singh specifically observed, "This Court is of the opinion that whenever information is sought under the RTI Act, …

Delhi HC Stays CIC Orders to Disclose Details of Release, Utilisation of MPLADS Fund
4 years ago

Delhi HC Stays CIC Orders to Disclose Details of Release, Utilisation of MPLADS Fund

News 18  

The Delhi High Court Tuesday stayed two CIC orders directing the Centre to disclose on its website the "MP-wise, constituency-wise and work-wise details, with names of beneficiaries" of works undertaken under the MPLAD scheme. Justice Navin Chawla put on hold the two orders by the Central Information Commission on two separate pleas moved by the Ministry of Statistics and Programme …

Public Information Officers Who Mechanically Reject RTI Applications Should Be Shown The Doors, Says Madras HC [Read Order]
4 years, 4 months ago

Public Information Officers Who Mechanically Reject RTI Applications Should Be Shown The Doors, Says Madras HC [Read Order]

Live Law  

Public Information Officers who mechanically reject the RTI Applications should be shown the doors as they are unfit to hold the said post, said the Madras High Court recently.Justice S. Vaidyanathan observed thus while dismissing a writ petition filed by Tamil Nadu Public Service Commission which sought to quash an order passed by Tamil Nadu Information Commission directing it to …

Delhi HC Allows SG To File Reply In Plea Challenging The Denial of Information on PM CARES Fund Under The RTI Act
4 years, 6 months ago

Delhi HC Allows SG To File Reply In Plea Challenging The Denial of Information on PM CARES Fund Under The RTI Act

Live Law  

Delhi High Court has allowed Solicitor General to file Centre's reply in a plea challenging the decision of the Central Public Information Officer, Prime Minister's Office wherein the RTI application seeking documents related to the PM CARES Fund was denied. Petitioner sought reply from the CPIO of Prime Minister's Office who had denied to provide information on PM CARES Fund …

Public Authorities To Encourage Online RTI Applications In 'Life & Liberty' Matters : CIC
4 years, 8 months ago

Public Authorities To Encourage Online RTI Applications In 'Life & Liberty' Matters : CIC

Live Law  

The Central Information Commission has decided a complaint registered under Section 18 of the Right to Information Act, 2005 in the year 2018 against the Central Public Information Officer, University of Delhi vide its order dated 23.04.2020. through the online portal of DOPT https://rtionline.gov.in/ to the public authority 'University of Delhi' seeking information on different counts pertaining to their cancellation …

Open, all the same: On CJI office and RTI Act
5 years, 1 month ago

Open, all the same: On CJI office and RTI Act

The Hindu  

The adage, “sunlight is the best disinfectant” is often used to delineate the need for disclosure of matters related to public interest through the Right to Information mechanism. The welcome ruling by a five-member Constitution Bench of the Supreme Court that the office of the Chief Justice of India is a “public authority” under the RTI Act, as much as …

No office is above the law, even CJI is under RTI ambit, rules SC
5 years, 1 month ago

No office is above the law, even CJI is under RTI ambit, rules SC

Live Mint  

Expanding the ambit of Right to Information applications, the Supreme Court on Wednesday upheld a Delhi high court judgement declaring the Chief Justice’s office as a “public authority” that falls under the Right to Information Act. The Supreme Court appealed the order in the Delhi high court and justice S. Ravindra Bhat in September 2009 upheld the order of the …

[Updated]: RTI Applicable To Office Of CJI; SC Upholds Delhi HC Judgment
5 years, 1 month ago

[Updated]: RTI Applicable To Office Of CJI; SC Upholds Delhi HC Judgment

Live Law  

In a historic judgment, the Supreme Court on Wednesday held that the office of Chief Justice of India is a public authority under the Right to Information Act. "Confidentiality may have some bearing and importance in ensuring honest and fair appraisals, though it could work the other way around also and, therefore, what should be disclosed would depend on authentic …

Supreme Court to decide today if CJI comes under RTI Act; Ranjan Gogoi had earlier said institution can't be destroyed in name of transparency
5 years, 1 month ago

Supreme Court to decide today if CJI comes under RTI Act; Ranjan Gogoi had earlier said institution can't be destroyed in name of transparency

Firstpost  

A five-judge constitution bench headed by CJI Ranjan Gogoi will pronounce its verdict after listening to a petition filed against a 2010 judgment of the Delhi High Court New Delhi: The Supreme Court will on Wednesday pronounce the verdict on whether or not the office of Chief Justice of India comes under the ambit of the Right to Information Act. …

Lawyer files RTI seeking information on legality of Delhi Police protest at ITO
5 years, 2 months ago

Lawyer files RTI seeking information on legality of Delhi Police protest at ITO

India Today  

A Delhi lawyer, Vinod Yadav has filed an RTI seeking to know the legality of an agitation carried out by the Delhi police personnel outside the police headquarters to protest against their tussle with the lawyers in Tis Hazari court complex. Aggrieved by the clashes with the lawyers at the court complex in which people from both the sides received …

Copy Of Oath Taken By HC Judges Cannot Be Sought Under RTI, Says Chhattisgarh HC [Read Judgment]
5 years, 4 months ago

Copy Of Oath Taken By HC Judges Cannot Be Sought Under RTI, Says Chhattisgarh HC [Read Judgment]

Live Law  

Copy of oath taken and subscribed by High Court judges cannot be sought under RTI, the Chhattisgarh High Court has held.One Arun Kumar Gupta had made an application to the Public Information Officer of the High Court seeking copy of oath taken and subscribed by two High Court judges viz. Copy of oath taken and subscribed by High Court judges …

Whether Disciplinary Proceedings Against Employees Is A 'Personal Information' Exempted From Disclosure Under RTI Act? SC Issues Notice [Read Order]
5 years, 8 months ago

Whether Disciplinary Proceedings Against Employees Is A 'Personal Information' Exempted From Disclosure Under RTI Act? SC Issues Notice [Read Order]

Live Law  

The Supreme Court has issued a notice in a petition raising an issue whether even disciplinary proceedings initiated and action taken against employees would fall under "personal information" as defined in Clause of Section 8 of the Right to Information Act, 2005. The RTI applicant had sought personal information regarding some officer against whom the Corporation had issued charge-sheet and …

Supreme Court sends Delhi power tussle case to larger Bench
5 years, 10 months ago

Supreme Court sends Delhi power tussle case to larger Bench

The Hindu  

A Supreme Court Bench of Justices A.K. While Justice Bhushan held that the Delhi government has no power over services, observing that Entry 41 of the State List in the Seventh Schedule of the Constitution — dealing with ‘State Public Services’ — was outside the purview of the Delhi Legislative Assembly, Justice Sikri, the lead judge on the Bench, took …

Central Information Commission Declares Indian Banks Association a Public Authority
7 years, 1 month ago

Central Information Commission Declares Indian Banks Association a Public Authority

Live Law  

The Central Information Commission (CIC) has declared the Indian Banks Association (IBA) a public authority accountable under the Right to Information Act, 2005. The Commission heard two separate RTI applications, one filed by Mr. R.K. Jain and another by Ms. Ita bose. Prof. M. Sridhar Acharyulu declared that IBA is a public authority, while Prof. Manjula Prasher disagreed and issued …

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