10 years, 6 months ago

Madras High Court withdraws its Directive to State Reasons for getting Information under RTI; Admits it failed to notice S.6(2) RTI Act

Live Law

Madras High Court Division Bench comprising of Justice N. Paul Vasanthakumar and Justice K. Ravichandra babu has withdrawn its directive in Public Information Officer Vs. Central Information Commission and Others that RTI Applicants must give reasons for seeking information under Right to Information Act 2005. The Bench Suo Motu took up the matter and held that “we have made certain general observations in paragraphs 20 and 21 stating that the RTI application should contain bare minimum details or reasons for which the information is sought for. On the other hand, he has made those applications mechanically, as a matter of routine under the RTI Act.” Justifying its action, the Court added, “In fact, the first respondent-Commission itself has deprecated the practice of the second respondent herein in overloading the Registry of this Court by making several queries or complaints one after another and following the same under the RTI Act. Having found that the action of the second respondent in sending numerous complaints and representations and then following the same with the RTI applications; that it cannot be the way to redress his grievance; that he cannot overload a public authority and divert its resources disproportionately while seeking information and that the dispensation of information should not occupy the majority of time and resource of any public authority, as it would be against the larger public interest, the first respondent-Commission clearly erred in passing the impugned order in this Writ Petition, directing the petitioner to furnish the details to the second respondent as well as sending a tabular statement listing all the complaints and representations received from the second respondent.”

Judgment Information Second Respondent Act Bench Rti Madras High Court Central Information Commission Court Withdraws Its Directive order rti seeking high notice bench state information court withdraws getting act respondent public s62 second madras reasons

History of this topic

1 month ago

The RTI is now the ‘right to deny information’

The Hindu

The introduction of the Right to Information Act was a move that generated great hope among citizens since it recognised them to be the rulers of the nation. vs Aditya Bandopadhyay & Ors, in paragraph 33: “Some High Courts have held that section 8 of RTI Act is in the nature of an exception to section 3 which empowers the …

1 month ago

S. 91 CRPC | Accused Cannot Be Directed To Secure Documents Related To Case From Authorities Using RTI Act: Karnataka HC

Live Law

The Karnataka High Court has said that an accused should not be driven for securing documents related to his case under the Right to Information Act, when an application is filed under Section 91 of the Criminal Procedure Code. A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by the pontiff of Murugha Mutt of Chitradurga, …

1 month, 1 week ago

Right To Information (RTI) Act: All India Annual Digest 2024

Live Law

SUPREME COURT Section 12 – Validity of Central Information Commission Regulations, 2007 framed by the Chief Information Commissioner under Section 12 of the RTI Act – Powers of the CIC – Held, the use of the words “superintendence, direction and management” in Sections 12 of the RTI Act clearly provides the CIC an ambit of power wide enough to frame …

1 month, 1 week ago

Marks Of Other Candidates In Public Examination Can Be Disclosed Under RTI In Public Interest: Supreme Court

Live Law

The Supreme Court recently upheld an order of the Bombay High Court, wherein it was observed that a request to disclose the marks obtained by other candidates in a public examination under the Right to Information Act, 2005, in the public interest, cannot be declined. Rejecting the same, the High Court held that marks obtained by the candidates in such …

1 month, 1 week ago

Over 7,000 appeal cases pending at Haryana State Information Commission, ₹2.84 crore unrecovered penalties: Reply to RTI

The Hindu

More than 7,000 appeal cases are pending before the Haryana State Information Commission, revealed a reply to an application under the Right To Information Act. Kapoor, 8,340 appeal cases were pending before the Chief Information Commissioner and seven State Information Commissioners together in January last year, and the number came down to 7,216 till December. The Commission, over the past …

1 month, 1 week ago

Passport, Personal ID Details Can't Be Disclosed To Third Party Under RTI Act: Delhi High Court

Live Law

The Delhi High Court has recently ruled that details about passport and personal identification documents cannot be disclosed to a third party under the Right to Information Act, 2005. Justice Sachin Datta referred to various judgments on the issue and said:“…disclosures which may be sought by a third party under the provisions of RTI act pertaining to passport or any …

Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ

Trending News

1 month, 2 weeks ago

Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ

Live Law

Setting aside CIC's order directing Patiala House Court PIO to furnish information on the number of cases in which a judge granted ex-parte injunction in relation to cases represented by a particular advocate and in suits filed by a particular company, the Delhi High Court observed such queries require an analysis of the relevant judicial proceedings.It further said that such …

Trending News

1 month, 2 weeks ago

Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ

Live Law

1 month, 3 weeks ago

Delhi High Court Asks CIC To Decide If 'Ram Janmbhoomi Teerth Kshetra' Trust Is Public Authority Under RTI Act

Live Law

The Delhi High Court has directed the Central Information Commission to decide whether “Shri Ram Janmbhoomi Teerth Kshetra” trust is a public authority under Section 2 of the Right to Information Act, 2005.Justice Sanjeev Narula directed the CIC to decide the question after affording opportunity of hearing to the RTI applicant Neeraj Sharma as well as the Public Information. The …

2 months, 1 week ago

RTI's Purpose Not To Satisfy Curiosity: Delhi University Opposes Disclosure Of PM Modi's Degree Information

ABP News

New Delhi: University of Delhi on Monday said the purpose of RTI was not to satiate a third party's curiosity as it challenged the central information commission's order over disclosure of information on Prime Minister Narendra Modi's degree. Appearing before Delhi High Court's Justice Sachin Datta, solicitor general Tushar Mehta said students' information was held by a university in a …

2 months, 1 week ago

RTI Act's purpose not to satisfy curiosity: Delhi University in PM's degree row

India Today

The University of Delhi on Monday said the purpose of RTI was not to satiate a third party's curiosity as it challenged the central information commission's order over disclosure of information on Prime Minister Narendra Modi's degree. Appearing before Delhi High Court's Justice Sachin Datta, solicitor general Tushar Mehta said students' information was held by a university in a "fiduciary …

[PM Modi Degree Row] 'RTI Act's Purpose Not To Satisfy Someone's Curiosity': DU Tells Delhi High Court

Trending News

2 months, 1 week ago

[PM Modi Degree Row] 'RTI Act's Purpose Not To Satisfy Someone's Curiosity': DU Tells Delhi High Court

Live Law

2 months, 2 weeks 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 …

2 months, 3 weeks ago

Assets And Liabilities Of Public Servant Cannot Be Shielded From Public Scrutiny, Be Completely Exempted U/S 8 Of RTI Act: Madras High Court

Live Law

The Madras High Court recently held that the service register of a public servant could not be completely exempted under Section 8 of the Right to Information Act. Justice CV Karthikeyan observed that the service register of the public servant contains details of the assets and liabilities of the employee which were not private information. Such of information which could …

3 months, 2 weeks ago

RTI Act: CIC Upholds Denial Of Information On Blocking Of 'X' Accounts Covering Farmers' Protests And Those Critical Of Government

Live Law

Disposing of an appeal moved by a RTI applicant against denial of information pertaining to blocking of 'X' accounts covering "farmers' protests and those critical of the government", the Central Information Commission said that the response of the Public Information Officer was "appropriate and well within the precincts of the RTI Act". The appellant-applicant in his RTI application had sought …

3 months, 3 weeks ago

RTI Act Not Applicable To CBI, Punjab & Haryana HC Rejects Former Income Tax Officer's Plea Seeking Info On Agency's 'Trap' Against Him

Live Law

The Punjab and Haryana High Court has rejected an Income Tax Officer's plea seeking information under the Right to information Act relating to Trap Proceeding conducted against him by the Central Bureau of Investigation.The Income Tax Officer was convicted in a corruption case and his appeal against the conviction is pending before the High Court. The Punjab and Haryana High …

4 months, 1 week ago

Public Recruitment Marks Not 'Personal Information'; Must Be Disclosed Under RTI: Bombay HC

Live Law

Bombay High Court: A Division Bench of Justices M.S. Sonak and Jitendra Jain held that marks obtained by candidates in public recruitment processes must be disclosed under the RTI Act. The court distinguished it from confidential examination details protected under Rule 13 of the Maharashtra District Courts Right to Information, 2009. Court's Reasoning Firstly, the judges noted that the selection …

4 months, 1 week ago

RTI | Disclosure Of Marks Obtained By Candidates In Public Recruitment Process Is Not Invasion Of Privacy: Bombay High Court

Live Law

In a significant ruling, the Bombay High Court on Monday held that the disclosure of marks obtained by candidates in a public recruitment process would not invade the privacy of the candidates and that such disclosure is permissible under the Right To Information Act, 2005.A division bench of Justices Mahesh Sonak and Jitendra Jain quashed the orders passed by a …

4 months, 2 weeks ago

INTERVIEW | Public can seek info even about TN information commission under RTI: SIC commissioner

New Indian Express

MADURAI: The general public can seek information even about the State Information Commission under the RTI Act, said State Information Commissioner S Selvaraj, while speaking to TNIE on Saturday. The state information commission organised an awareness meeting with Public Information Officers at the collectorate, which is when Selvaraj spoke to TNIE. As per the RTI act, each PIOs need to …

4 months, 2 weeks ago

6,845 RTI applications and appeals pending with State Information Commission

New Indian Express

THRISSUR : Introduced in 2005 to ensure transparency in governance, the Right to Information Act is considered a powerful tool against corruption, empowering ordinary citizens to question those in power about their actions. According to data, as of August 9, a total of 6,845 RTI applications, including newly filed applications and appeals, are pending in the office of the State …

7 months, 3 weeks ago

"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application

Live Law

The Kerala High Court stated that the Kerala Public Service Commission has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. If in such event it is brought to the notice of the State Information Commission that during the pendency of an application for …

8 months, 1 week ago

‘Activists have better knowledge of RTI Act than government officials’

The Hindu

Expressing discontentment over the poor knowledge of the Right To Information Act among government officials, Ravindra Gurunath Dhakappa, the State Information Commissioner, said that some RTI activists had better knowledge of the RTI Act than them. “Poor knowledge of the RTI Act in government officials results in annoyance for applicants who rightfully seek information from public offices. Speaking on the …

8 months, 1 week ago

RTI Act | Should Documents Available In First Appeal Records Be Necessarily Filed At The Time Of Second Appeal? Supreme Court To Consider

Live Law

The Supreme Court today issued notice on a public interest litigation raising the issue as to whether documents available in records of the first appeal under Right to Information Act ought to be called again at the time of second appeal.The order was passed by a bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra, after hearing counsel …

9 months, 1 week ago

CIC upholds decision of Rashtrapati Bhavan on RTI query

The Hindu

The Central Information Commission has upheld the Rashtrapati Bhavan’s response to a Right to Information Act query on the number of times former President Ram Nath Kovind returned any decision taken by the Prime Minister/Union Council of Ministers for reconsideration. In his first appeal before the First Appellate Authority he wanted to know whether the reply meant that the former …

9 months, 2 weeks ago

Co-op societies not bound by RTI Act, rules Madras High Court

New Indian Express

CHENNAI: The Madras High Court has held that the cooperative societies in the state are not bound by the Right to Information Act, 2005 to provide information to the citizens on their functions as they are not falling under public authority. “It is made clear that a co- operative society registered under the Tamil Nadu Co-operative Societies Act is not …

9 months, 3 weeks ago

Madras High Court Asks CIC To Conduct Fresh Inquiry Into Alleged Non-Disclosure Of Information Regarding Govt Action During COVID Pandemic

Live Law

The Madras High Court has directed the Chief Information Commissioner to conduct a fresh inquiry into alleged non-disclosure of information pertaining to the actions taken by the Central Government during the COVID pandemic, including the actions taken, treatment given etc. In the order made on 7th December 2023, the copy of which was uploaded today, Justice PD Audikesavalu noted that …

10 months ago

Information Related To Outcome Of Tax Evasion Petition Sought Under RTI Act Can't Be Provided: Orissa High Court

Live Law

The Orissa High Court has held that information related to the outcome of a tax evasion petition sought under the Right to Information Act cannot be provided.The bench of Justice B.R. Sarangi and Justice G. Satapathy has observed that the claim of the petitioner with regard to the supply of information sought in the application filed under the Right to …

10 months, 3 weeks 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 …

1 year ago

Official not furnishing info sought via RTI Act, alleges petitioner in TN

New Indian Express

MADURAI: A public information officer, who was fined Rs 5,000 by the State Public Information Commissioner and asked to provide requested details to a petitioner, has failed to abide by the instruction even after months of passing the order. According to sources, M Sakthi, who was working as an executive engineer at the TANGEDCO office in Periyakulam, submitted an RTI …

1 year, 2 months ago

Delhi HC quashes CIC order directing I-T dept to disclose PM CARES Fund info

Hindustan Times

The Delhi high court on Monday set aside an order of the Central Information Commission directing the income-tax department to disclose information related to the grant of tax exemption status to the PM CARES Fund to Girish Mittal, a right to information applicant,. An RTI was filed in the Delhi high court seeking the disclosure of information related to the …

1 year, 3 months ago

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu

The Hindu

The Madras High Court on Monday directed the State government to submit complete details regarding the number of criminal cases pending against MPs and MLAs in the State, the courts in which they are pending and the stage of the proceedings before those courts. First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy asked Advocate …

1 year, 4 months ago

RTI Act | Penalty Imposed On Public Information Officers For Delay In Reply Depends On 'Malice': Delhi High Court

Live Law

The Delhi High Court has observed that the Right to Information Act, 2005, only specifies the maximum limit of penalty to be imposed on Public Information Officers and the said amount may vary depending on malice and degree of inaction on the officials’ part in not providing the information.Justice Subramonium Prasad said that even though Section 20 of the RTI …

1 year, 4 months ago

Disclosure Would Endanger Life Of Judges: Bombay High Court Denies RTI Information On Structural Audit Report Of Its Building

Live Law

The Bombay High Court has refused to provide a report of its structural audit sought under the Right to Information Act citing danger to its judges. “…the disclosure of the same would endanger the life or physical safety of Hon'ble Judges and Officials of the Hon'ble Bombay High Court,” the reply stated. Environmentalist Zoru Bhathena said he had sought a …

1 year, 4 months ago

Right To Information Act will become a dead letter if...: Supreme Court to Centre

India Today

The Supreme Court on Monday directed the Centre and state governments to fill vacancies in Information Commissions across the country, saying that if the posts were not filled then the whole purpose of the Right To Information Act would be defeated and the Act would become a "dead letter". "The failure of the state governments to fill the posts of …

1 year, 5 months ago

Delhi High Court Seeks Centre’s Response On Subramanian Swamy’s Plea Seeking Information On ‘Chinese Encroachment’ On Indian Territory

Live Law

The Delhi High Court on Monday sought response of the Union Government on a plea moved by former Rajya Sabha MP Subramanian Swamy seeking information regarding “Chinese encroachment” on Indian territory under the Right to Information Act, 2005. Justice Subramonium Prasad issued notice to the Union Government through Ministries of Home Affairs, Defence and External Affairs; Central Public Information Officer …

1 year, 6 months ago

MCA Refuses To Disclose In RTI The List Of Candidates Recommended By Selection Committee For Post Of NCLT Members

Live Law

The Ministry of Corporate Affairs, Government of India, has declined to disclose under the ‘Right to Information Act, 2005’ the list of candidates recommended by Selection Committee, headed by Chief Justice of India, for the post of Judicial Member and Technical Member in the National Company Law Tribunal, as against vacancy circular dated 12.07.2022. The Advocate requested the MCA to …

1 year, 6 months ago

Explained | Has the Right to Information been weakened over the years?

The Hindu

For 13 years, the Right to Information Act, 2005, helped citizens obtain information and data from the Government and State institutions that are not readily available in public domain. Amending the RTI Act Apart from allowing certain information to be kept secret for national security and sovereignty reasons, the RTI Act makes one exemption: it prohibits personal data disclosure of …

1 year, 7 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 …

1 year, 7 months ago

High court: Cryptic orders being passed in RTI complaints

Hindustan Times

Taking note of large number of pleas coming to high court against “cryptic orders” passed by the appellate authorities, including state information commissioners, under the Right to Information Act-2005, the Punjab and Haryana high court has issued a slew of directions for proper adjudication of complaints. “This court has found that in a large number of cases, the authorities, including …

1 year, 7 months ago

'Ensure Public Authorities Follow Mandate Of Section 4 RTI Act' : Supreme Court Directs Central/State Information Commissioners

Live Law

The Supreme Court directed the Central Information Commission and the State Information Commissions to ensure proper implementation of the mandate of Section 4 of the Right to Information Act. "While declaring that all citizens shall have the ‘right to information’ under Section 3 of the Act, the co-relative ‘duty’ in the form of obligation of public authorities is recognized in …

1 year, 8 months ago

Narendra Modi’s qualification row | Delhi HC declines to prepone hearing of plea related to PM Modi’s BA Degree

The Hindu

The Delhi High Court on July 10 declined to prepone the hearing on a plea related to disclosure of records of Delhi University students who had passed Bachelor of Arts course in 1978, when Prime Minister Narendra Modi had cleared the exam, under the RTI Act. Justice Subramonium Prasad issued notice to the Delhi University on an application by RTI …

1 year, 9 months ago

Telangana HC seeks details on govt steps to appoint information officers

Deccan Chronicle

Hyderabad: The Telangana High Court on Tuesday asked the state government to furnish details on steps it has taken to appoint a chief information commissioner and information commissioners to the TS Information Commission, as directed under the RTI Act of 2005. The division bench of the High Court, comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, was dealing with …

1 year, 9 months ago

Central Info panel pulls up IIT-M for delay in providing information on ‘Mission Mode Recruitment’

The Hindu

The Central Information Commission has expressed “severe displeasure” over the conduct of the then Central Public Information Officer, Indian Institute of Technology Madras, in not providing information on ‘Mission Mode Recruitment’ sought under the Right to Information Act, 2005. P over a delay of 111 days in IIT-M providing the information sought by him, Information Commissioner Heeralal Samariya issued notice, …

1 year, 10 months ago

RTI Act | Public Information Officer Cannot Challenge Appellate Authority's Order Directing It To Disclose Information: Karnataka High Court

Live Law

The Karnataka High Court has made it clear that under the Right to Information Act, a Public information Officer has no authority to prefer an appeal against an order passed by the Appellate Authority, directing him to furnish information to an applicant under the Act. A single judge bench of Justice N S Sanjay Gowda has said, “There is no …

1 year, 10 months ago

Delay in RTI info: Central commission warns Bhalwal official for violating RTI Act

Hindustan Times

In a significant order, a bench of the Central Information Commission at New Delhi headed by chief information commissioner YK Sinha has warned the then Bhalwal tehsildar Amit Upadhayay for providing delayed information to the information seeker advocate Sheikh Shakeel Ahmed. then Bhalwal tehsildar Amit Upadhayay for providing delayed information to the information seeker advocate Sheikh Shakeel Ahmed. While expressing …

1 year, 10 months ago

Orissa High Court Launches Online RTI Portal In Compliance With Supreme Court Direction

Live Law

The Orissa High Court on Wednesday launched the ‘Online RTI Portal’ of the Court. The Registry notified that citizens may register themselves on the RTI Portal to obtain information under the Right to Information Act, 2005 by visiting the website of the High Court. Last month, the Supreme Court had directed all the High Courts to set up online RTI …

1 year, 11 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 …

1 year, 11 months ago

Madras High Court Monthly Digest - March 2023 [Citations 68 to 108]

Live Law

Citations: 2023 LiveLaw 68 To 2023 LiveLaw 108 NOMINAL INDEX State of Tamil Nadu and others v. The Correspondent, 2023 LiveLaw 68 2023 LiveLaw 69 Dr. C Vijayabhaskar v. State of Tamil Nadu, 2023 LiveLaw 70 State v. Dadayutham @ Kannan and others, 2023 LiveLaw 71 Star Channel v. The Secretary to the Government and others, 2023 LiveLaw 72 Dr. …

2 years ago

[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court

Live Law

The Karnataka High Court has set aside the order passed by the Karnataka State Information Commissioner dismissing the second appeal filed by Public Information Officer, on the ground that the petitioner being the PIO cannot maintain the second appeal under Section 19 of the Right to Information Act. The counsel for the petitioner had contended that the second appeal under …

2 years ago

PIO Can't Be Compelled To Furnish Information If RTI Application Doesn't Contain Particulars Of Information Sought: Karnataka High Court

Live Law

The Karnataka High Court has issued guidelines to be followed by the Karnataka State Information Commission while deciding on applications made before it under the Right to Information Act. Complainant HT Giriyappa had made an application under Section 6 of the Right to Information Act seeking certain information regarding encroachment of gunduthopu, tank bund, halla kharab in respect of Haluvagilu …

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