From the following order of the CIC, it seems that the Cabinet Secretariat has wrongly sought shelter under Sec 24 of the RTI Act 2005 - and surprisingly, the CIC has agreed !
http://www.rti.india.gov.in/cic_decisions/CIC_SM_A_2012_000368_M_94679.pdf
http://www.rti.india.gov.in/cic_decisions/CIC_SM_A_2012_000368_M_94679.pdf
We agree with the Appellant that the desired information is very factual
and ordinary in nature, but the Cabinet Secretariat is not obliged to provide
even this information under the RTI as it is included in the Second Schedule to
the RTI Act. As per the proviso to section 24 of the Act, it is supposed to
disclose information only when it pertains to allegations of corruption or human
rights violation. The desired information in this case does not fall within either of
these two categories. Therefore, we cannot direct the CPIO to disclose the
information. Needless to say, it is for the Cabinet Secretariat to decide if they
would still like to provide this information outside of the RTI for the sake of the
past association of the husband of the Appellant with them.
(NOTE: There cannot be a typo to such a large extent - ie all over the order !)
RTIwanted
and ordinary in nature, but the Cabinet Secretariat is not obliged to provide
even this information under the RTI as it is included in the Second Schedule to
the RTI Act. As per the proviso to section 24 of the Act, it is supposed to
disclose information only when it pertains to allegations of corruption or human
rights violation. The desired information in this case does not fall within either of
these two categories. Therefore, we cannot direct the CPIO to disclose the
information. Needless to say, it is for the Cabinet Secretariat to decide if they
would still like to provide this information outside of the RTI for the sake of the
past association of the husband of the Appellant with them.
(NOTE: There cannot be a typo to such a large extent - ie all over the order !)
RTIwanted
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