Section 6(2) of rti act 2005.
Querist :
Anonymous
(Querist) 14 August 2011
This query is : Resolved
In our organisation Transmission Corporation of Andhra Pradesh Limited (APTRANSCO) Erstwhile APSEB, the SPIO is quoting the High Court of A.P. judement in W.P.No.20182of 2008 (copy of the same is enclosed) and asking in writing the reasons / purpose of seeking the information under rti act 2005. After a thorough reading,I feel that this Judgment differentiates between Information and reasons for getting information. It is held that Applicant must write / explain clearly what Information he is seeking.
Therefore, I think the ratio of this judgement is not applicable to all cases. I request you to kindly give your valued opinion and also suggestion what to do on the reply of the SPIO.
Querist :
Anonymous
(Querist) 15 August 2011
I request experts' valued opinion on the above query.
Advocate. Arunagiri
(Expert) 15 August 2011
You can see that the order of the court is that the RTI applicant need not give reason for seeking information.
But, the HC had expressed the view that without giving reason, just for sake of it, if an RTI application is filed it may be a waste of time for the PIO. This is not an order, which is not binding the RTI applicants.
prabhakar singh
(Expert) 18 August 2011
I have gone with the judgement carefully and opine that APTRANSCO has misread and misconceived the judgement no where lays that
an info seeker has to show why he/she needs it rather it lays that an info seeker can seek the neat info and NOT the reason behind that.
para 17 of judgement thus runs:
17. For instance, whether or not, any orders have been passed, on an application for grant of a licence can be sought as an information. In case any order has been passed, the PIO would be under obligation to furnish the copy of the order. On the other hand, if no order was passed on the application, information can be furnished to the same effect. However, he cannot be required to furnish the reasons as to why the licence was granted or not granted. It is only the authorities conferred with the power under the relevant statutes, to take a decision on the application, that can throw light on it. Further, the basis for the decision of such an authority, can be culled out from the order passed by him and he cannot be compelled to state as to why he passed the order in a particular manner through an application under the Act. It is only by instituting proceedings such as appeal, revision or writ petition that the authority who passed the order can be required to justify it.
The JUDGEMENT NO WHERE LAYS DOWN THAT A INFO SEEKER IS OBLIGED TO SATISFY THE AUTHORITY FROM WHOM INFORMATION IS SOUGHT as to why info seeker needs it.
It only lays that info seekers have corresponding duty also,and when info giver seeks for some copy referred to by info seeker in his application and that is in his custody,just to locate it and ascertain it on original record,seeker is obliged to furnish it and his failure may result in dismissal in which High Court will not see any arbitrariness on the part of info giver.
Querist :
Anonymous
(Querist) 18 August 2011
Thanks to Mr.Prabhakar Singh for sparing his valuable time to study the judgement and giving his valued suggestion on my query. Once again thanks sir.
