Applicants should avoid seeking clarifications or comments under RTI
The appellant filed a RTI application with the Department of Personnel and Training seeking information regarding the appellate process followed under the RTI Act. He also wanted to know if the Member of Parliament (MP) /Member of Legislative Assembly (MLA)/ Member of Legislative Council (MLC) were public authority within the meaning of the RTI Act. The Public Information Officer (PIO) provided some information.
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The Central Information Commission (CIC) noted that the queries made by the appellant do not amount to information within the meaning of section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act and that he was seeking legal opinion on various provisions of the RTI Act which are beyond the scope of the RTI Act. The Commission also observed that the PIO is supposed to provide copies of the relevant government records and documents only in response to RTI requests and cannot be expected to provide any clarification or comment on any query. The Commission rejected the appeal suggesting the appellant to consult the provisions of the RTI Act himself or seek legal opinion from an appropriate legal expert to find out the answers to his queries.
Citation: Shri Mukesh Bhardwaj v. Department of Personnel & Training in File No. CIC/SM/A/2011/00102
RTI Citation : RTIFI/2012/CIC/412
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