CIC: Guv office not obliged to transfer RTI applications

Tribune News Service

Chandigarh, May 28

The Chief Information Commissioner (CIC) of the state, Vijai Vardhan, on Friday ruled that the Governor’s office is not bound under the RTI Act, 2005, to transfer RTI applications that are unrelated to them to the offices concerned.

Application filed to haryana SPIO

• RTI activist Ajeet Grover had filed an application to the State Public Information Officer (SPIO)-cum-Accounts Officer, Haryana Raj Bhavan
• He was provided part information on February 1 and was told that for the rest that he had to approach the office of the Department of Skill Development and Industrial Training

No legal obligation

The offices of the President, Vice President, Prime Minister, Governors, Lt Governors and Chief Ministers are not legally obliged under the RTI Act to entertain the applications seeking info unrelated to it or not held or controlled by these high offices. Vijai Vardhan, chief information commissioner

In the present case, RTI activist Ajeet Grover had filed an application to the State Public Information Officer (SPIO)-cum-Accounts Officer, Haryana Raj Bhavan. He was provided part information on February 1 and was told that for the rest that he had to approach the office of the Department of Skill Development and Industrial Training.

In his appeal before the State Information Commission, Grover stated that as per the provisions of the RTI Act, 2005, it was the incumbent responsibility of the SPIO, Haryana Raj Bhavan, to have forwarded his RTI application to the SPIO of the department concerned.

He said the respondent SPIO had not done so and instead asked him to correspond with the department concerned, which “is inappropriate and in violation of the spirit of the RTI Act”.

Under Section 6(3) of the RTI Act, 2005, a public authority has to transfer an RTI application to the department concerned, which has the information sought by the applicant. It has to inform the applicant about the transfer and such transfer “shall be made as soon as practicable, but in no case later than five days from the date of receipt of the application”.

After hearing the arguments, CIC Vijai Vardhan cited an order of the Central Information Commission in ‘RS Gupta vs LG Office’ of 2017, which held that “the offices of the President, Vice President, Prime Minister, Governors, Lt Governors and Chief Ministers are not legally obliged under the RTI Act to entertain the RTI applications seeking information unrelated to it or not held or controlled by these high offices”.

Vardhan concluded that in view of above-mentioned order “no malafide” was established on the part of the respondent SPIO in advising Grover to correspond with the Department of Skill Development and Industrial Training, Haryana, for further information.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.