Filing of RTI application by a Company Secretary
24 Apr, 2013
Background
The Central Information Commission (CIC) received an appeal from M/s Lyka Labs Limited, Mumbai against Ministry of Chemicals & Fertilizers for deemed refusal to their Right to Information (RTI) request.
View of CIC
The Central Information Commission (CIC) observed that RTI application and first appeal were filed in the name of Company Secretary, while the 2nd appeal was filed by the person. The CIC held that the RTI applicant i.e. Company Secretary is not a citizen and hence it did not qualify under section 3 of the RTI Act to initiate RTI proceedings.
Comment
The RTI Act, 2005 empowers only the citizen of India to obtain information from the public authorities. The company does not classify as citizen and hence is ineligible to seek information under the RTI Act, 2005. However, an application filed by “xyz”, Company Secretary should not be declined.
Citation: M/s Lyka Labs Limited v. Ministry of Chemicals & Fertilizers in Case No. CIC/SS/A/2011/001130
RTI Citation : RTIFI/2013/CIC/1221
Click here to view original RTI order of Court / Information Commission