Wednesday, August 11, 2010

[rti_india] CIC overules Rule 20(a)(v) of Allahabad High Court (RTI Rules 2006)

 

Here is an interesting decision by Wajahat, in the matter of Shri Onkar Sharma v/s Allahabad HC. The respondent has rejected the demand by stating

"Your application dated 14.3.2009, in which you have sought
certain information under Right to Information Act, 2005, is not
found in accordance with the Rule 20(a)(v) of Allahabad High
Court (Right to Information) Rules, 2006 consequently it is
rejected under the said Rule."

However, Wajahat, reading several provisions ruled in the favor of disclosure of information

"......... the High Court has established a practice of refusing such information which would justify recourse to Rule 20 (v), this
practice is clearly in violation of the law and the CPIO is hereby directed u/s 19 (8) (a) (iv) to ensure necessary changes in this practice to bring the management of such records into compliance with the RTI Act 2005. CPIO will now provide the information sought to appellant Shri Omkar Sharma within ten working days of the date of receipt of this Decision".

Check full decision at the following link

http://www.rti.india.gov.in/cic_decisions/CIC_PA_A_2009_000011_M_39558.pdf

Looking forward to more such decisions in favor of disclosure.

Manoj Pai

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