Right To Information (RTI) Act: All India Annual Digest 2024

SUPREME COURTSection 12(4) – Validity of Central Information Commission (Management) Regulations, 2007 framed by the Chief Information Commissioner (CIC) under Section 12(4) of the RTI Act – Powers of the CIC – Held, the use of the words “superintendence, direction and management” in Sections 12(4) of the RTI Act clearly provides the CIC an ambit of power wide enough to frame its own Regulations and to delegate its power to a committee formed by it. While the RTI Act does not explicitly grant CIC the authority to frame Regulations, a purposive interpretation of Section 12(4) reveals that the powers of "superintendence, direction and management" are intended to be comprehensive, enabling the CIC to adopt measures, including the framing of Regulations, that ensure transparency, accountability, and efficient handling of its responsibilities. The Chief Information Commissioner's powers to frame Regulations pertaining to constitution of Benches of the Commission are upheld. (Para 22 & 25) Central Information Commission v. DDA, 2024 LiveLaw (SC) 465Section 12(4) and Central Information Commission (Management) Regulations, 2007; Regulation 22 – Powers of the CIC to constitute Benches within the Commission. Held, Sections 12(4) RTI Act, grants the CIC wide-ranging powers to manage the Commissions' affairs, including the ability to constitute benches. This interpretation aligns with the purpose and objective of the RTI Act, which aims to facilitate the efficient disposal of cases and the effective implementation of the right to information. The absence of an explicit provision for Benches does not negate the CIC's authority to constitute them, as such powers are implicitly included within the scope of the CIC's general superintendence and management responsibilities. The formation of Benches allows for the efficient allocation of work and ensures the timely disposal of cases, which is crucial for upholding the right to information. (Para 15, 16, 17, 18 & 19) Central Information Commission v. DDA, 2024 LiveLaw (SC) 465HIGH COURTSBOMBAY HIGH COURT Information Commissioner Can Direct Public Trust Receiving State Grants To Provide Info Pertaining To Its Educational Institutions Under The RTI Act: Bombay High Court Full Bench Case Title: People Welfare Society v. State Information Commissioner and Ors. Citation: 2024 LiveLaw (Bom) 145 The full bench of the Bombay High Court at Nagpur clarified the obligations of public trusts registered under the Maharashtra Public Trusts Act, 1950 in providing information under the Right to Information (RTI) Act, 2005 when they run institutions receiving grants from the state government. 'Reasons For Delay In Deciding A Case' Is Not 'Information' Under RTI Act: Bombay High Court Case title: Bar Council of Maharashtra & Goa vs Central Information Commission Citation: 2024 LiveLaw (Bom) 535 The Bombay High Court on Thursday held that 'reasons for delay in taking a decision or deciding a case' cannot qualify 'information' as defined under the Right To Information (RTI) Act and thus, one cannot ask 'reasons' in an RTI application. A division bench of Justices Mahesh Sonak and Jitendra Jain quashed an order of the Central Information Commission (CIC) which had imposed costs of Rs 25,000 on the Secretary of the Bar Council of Maharashtra and Goa (BCMG), for failing to provide information of 'reasons for delayed decision' in a complaint filed by a litigant against an advocate. RTI | Disclosure Of Marks Obtained By Candidates In Public Recruitment Process Is Not Invasion Of Privacy: Bombay High Court Case Title: Onkar Kalmankar vs Public Information Officer Citation: 2024 LiveLaw (Bom) 581 In a significant ruling, the Bombay High Court on Monday held that the disclosure of marks obtained by candidates in a public recruitment process would not invade the privacy of the candidates and that such disclosure is permissible under the Right To Information (RTI) Act, 2005. A division bench of Justices Mahesh Sonak and Jitendra Jain quashed the orders passed by a Public Information Officer (PIO) and the subsequent ones passed by the First and Second Appellate Authorities, which denied disclosure of information related to the marks obtained by the candidates in a public recruitment process, stating that the same would invade their right to privacy. DELHI HIGH COURT CBI Not Exempted Under RTI Act, Must Provide Info On Corruption And Human Rights Violations Except 'Sensitive Investigation': Delhi HC Title: CPIO CBI v. Sanjiv Chaturvedi Citation: 2024 LiveLaw (Del) 127 Rejecting the argument that the Central Bureau of Investigation (CBI) is exempted from provisions of Right to Information Act, 2005, the Delhi High Court has said that the probe agency must provide information on corruption and human rights violations, except in investigations which are sensitive in nature. Justice Subramonium Prasad said...

Right To Information (RTI) Act: All India Annual Digest 2024

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