JAMMU, SEP 20 : The Central Information Commission (CIC) has cautioned public authorities in Jammu and Kashmir against mechanically disposing of RTI applications, stressing that the Right to Information is meant to promote transparency and accountability.
The observation came while hearing a second appeal related to the Directorate of School Education Kashmir. The CIC found that both the Central Public Information Officer (CPIO) and the First Appellate Authority (FAA) had failed to properly examine the RTI application and had dealt with it in a mechanical manner.
Referring to the Supreme Court's judgment in CBSE & Another vs Aditya Bandhopadhyay and Others, the Commission noted that the RTI Act is an important tool for responsible citizens to help combat corruption and promote transparency and accountability in public authorities.
At the same time, the CIC observed that indiscriminate or impractical requests for information, particularly those unrelated to transparency and accountability, could adversely affect administrative efficiency by placing an unnecessary burden on government departments.
The Commission noted that the RTI application in the case sought extensive service-related records concerning several third parties over a period of two decades, along with clarification-based and indefinite information relating to the appellant spanning more than 10 years.
The CIC also pointed out that the CPIO had failed to properly examine the request under Section 2(f) of the RTI Act and had not adequately considered the exemption provisions under Section 8(1)(j) concerning personal information.
The Commission further criticised the FAA's reliance on Section 8(1)(h), which relates to information that could impede an ongoing investigation or prosecution. It observed that such reasoning could incorrectly suggest that personal information concerning third parties would become disclosable once an investigation or prosecution concluded.
The case originated from an RTI application filed by Abdul Qayoom before the Directorate of School Education Kashmir on July 11, 2024. He had sought service records, appointment-related documents and other information. The CPIO had stated that some records could not be traced, while certain GPF-related information was withheld citing an ongoing investigation.
While limiting the relief, the CIC directed the CPIO to issue a revised response regarding the appointment list mentioned in a specific reference letter dated March 1, 1983. The response must comply with the RTI Act and take into account Sections 8(1) and 10.
The Commission also advised the CPIO to consider the suo motu disclosure requirements under Section 4(1)(b)(ix). It observed that appointment lists of public authorities, including employee-related information required to be placed in the public domain, should generally not be denied unless the information is unavailable or an applicable exemption under the RTI Act applies.
The CIC directed officials to avoid mechanical disposal of RTI applications and appeals in the future and stressed the need for proper, case-specific examination of information requests.
