Should the copy of RTI application be enclosed while filing the second appeal?
The appellant filed an application under the Right to Information (RTI) Act with the South East Central Railway seeking information about the food being served in 2nd and 3rd AC coaches including the officials to whom complaint can be lodged in the event the food is not up to the mark etc. The Public Information Officer (PIO) provided some information while enclosing copies of some relevant documents.
During the hearing before the Central Information Commission (CIC), the CIC noted that the appellant has enclosed the wrong RTI Application. The appellant stated that the PIO’s and the FAA’s replies that were enclosed by him pertained to another RTI Application in which he sought information in respect of duties of GRP in reserved coaches. The Commission held that the original RTI application is not available in the records, hence they were not able to adjudicate on this matter. The respondent stated that complete information as available in the records has been furnished to the appellant and that no further information on the subject matter is available in their records.
View of CIC
The Commission observed that since the appellant has enclosed the wrong RTI application, the Commission is constrained to dismiss the instant appeal.
If a document has been wrongly enclosed by the appellant, shouldn’t he be given an opportunity to make an amendment? As per the Right to Information Rules, 2012 (Link: http://www.rtifoundationofindia.com/RTIRules2012dated31July2012.pdf), “No appeal shall be dismissed only on the ground that it has not been made in the specified format if it is accompanied by document as specified in rule 8”.
Citation: Mr. B D Thakur v. South East Central Railway in File No: CIC/AD/C/2012/001577
RTI Citation : RTIFI/2013/CIC/1337
Click here to view original RTI order of Court / Information Commission