Seeking answers to hypothetical situations under RTI

Background

A Scale III officer of Bank sought information regarding the procedure to be followed for redressal of grievance against the higher officers of the bank who have acted arbitrarily and the authority to whom such a matter may be reported to. He further sought for the information regarding the FIRs recalled by the Bank against its employees. The Public Information Officer (PIO) provided part information and informed the appellant that FIR in fraud cases were filed as per the extent guidelines of RBI and there was no provision of recalling FIR once it is filed / lodged and the disciplinary authority is at liberty to accept or reject the advice of Industrial Law Division, HO. The rest of the information was denied claiming that what was sought was 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; “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. The PIO submitted that the appellant has given certain hypothetical situations and asked for rules and regulations for them which were not available on the records. The appellant is expecting the PIO to interpret rules and regulations which is beyond the purview of RTI Act.

View of CIC

The Central Information Commission (CIC) rejected the appeal observing that what was sought was 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; “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.

Citation: Mr. Naresh Chandra Bhardwaj v. Bank of India in Decision No. CIC/SG/A/2012/000550/18361