Confirming the veracity of facts may be beyond the scope of the RTI Act

Background

The appellant sought details about the action taken against the unauthorized construction carried out without sanctioned building plan by the owners in certain properties and raised many questions. The PIO stated that the information sought by the applicant through this point is in the shape / nature of interrogatory or in the form of question. In terms of RTI Act, 2005, a citizen is entitled to seek information that is available with the department in a material form and a PIO cannot be expected to answer such queries, the answers to which could never be in a material form.

View of the CIC

The Central Information Commission heard the respondent’s claim that the appellant is not seeking information but is asking the PIO to confirm the veracity of certain statements made by the appellant. The Commission held that what has been sought is not information as defined under 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 rejected the appeal.

Citation: Mr. R. Kumar v. Municipal Corporation in file no. CIC/SG/A/2011/003639