CIC - examination of issue and reasons for non-compliance of rules is not information
The appellant was a recognized contractor for Bharat Sanchar Nigam Ltd. (BSNL) and was allotted a contract for erection of towers. Due to some problems, the department made some deductions out of the total payment due. He filed an application under the RTI Act with the BSNL seeking various information such as, under which clause of agreement a 10% deduction was made and the same has been forfeited, under what circumstances the DET had taken 7 months for according a financial sanction, under which rule a contractor can be “Show Caused” without having procured the material required for the job, under what motive and constraints the DET instead of providing the materials issued a show cause notice etc. The Public Information Officer (PIO) provided some information.
During the hearing before the Central Information commission (CIC), the appellant stated that he has not been provided correct and complete information in response to his RTI application. The PIO stated that certain queries of the appellant were interrogatory in nature and were not covered under the definition of information as per 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. He also submitted that he is willing to permit the appellant to inspect the relevant records and take whatever information he needs. The appellant also agreed to inspect the records.
View of CIC
The Commission observed that under the RTI Act, the PIO is required to furnish the information/documents as available on record. However, opinions, analysis, examination of issue, redressal of grievance, reasons for non- compliance of rules are outside the purview of the Act. The Commission directed the PIO to permit the appellant to inspect the relevant records relating to his RTI application and give the copies of documents thereafter.
Citation: Mr. Triloke Kumar Bose v. BSNL in File Nos. CIC/LS/A/2011/000125/BS/1572
RTI Citation : RTIFI/2013/CIC/968
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