Only a common citizen can ask for information
The right to ask for information under the Right to Information can be exercised only as a common citizen. An officer of any organization, union, firm, institution or body cannot apply for information for the concerned institution, union etc. as an officer under the Right to Information. The State Information Commission has clarified this in a decision given in an appeal.
The Commission has expressed strong objection to the Public Information Officers Assistant Labor Commissioner and Departmental Appellate Officer Deputy Labor Commissioner not disposing of the request letters and appeals as per the provisions of the Act and has issued a warning to the Public Information Officer and Appellate Officer.
State Information Commissioner Yogesh Bhatt gave this order on the appeal presented before the Commission by Rudrapur resident Harendra Singh as the President of Karaulia Lighting Employees Union. The President of the Union had appealed when the Public Information Officer did not provide satisfactory information. The Public Information Officer Assistant Labor Commissioner stated that the appellant has been provided free information after inspecting the files related to the desired information. The Commission has stated in its decision that on examining the file during the hearing today, it became clear that in the presented appeal, the appellant has submitted the information application/request letter as President, Karolia Lighting Employees Union, Udham Singh Nagar on the pad of Karolia Lighting Employees Union, Udham Singh Nagar. The address of the applicant in the request letter is given as the office of the Union. It is clear that the request letter was not examined seriously by the Public Information Officer. It is clarified that under the Right to Information Act, there is a provision for seeking information as a common citizen, seeking information as an officer of an institution is not provided under the Act. Right to Information is the right of every citizen of India. An institution, union, institution or body is not a citizen of India. An officer of an institution or union etc. can seek information for himself as a citizen, but under the provisions of the Right to Information Act, information cannot be sought for an institution, union or body as an officer of an institution, institution, union or body. In the case in question, the then Public Information Officer Arvind Saini invited the appellant for perusal through a letter dated 18/07/2024 in relation to the original request letter submitted by the appellant on 06/06/2024. The then Public Information Officer did not examine whether the original request letter is admissible under the provisions of the Right to Information Act or not. The appellant, as the president of the union, has sought information for the union, which the Public Information Officer should not have accepted under the Right to Information Act and should have informed the appellant within the prescribed time limit of 30 days. In the described situation, it is clear that the provisions of the Right to Information Act have not been properly complied with by the then Public Information Officer Arvind Saini. The then Public Information Officer Shri Arvind Saini is strictly warned that in future, the request letters should be disposed of while being vigilant about the provisions of the Right to Information Act. The present Public Information Officer is directed to ensure that this order is served on the then Public Information Officer Shri Arvind Saini.
The Commission has commented that it is surprising that in the first appeal, the first appellate officer also ignored the original request letter in the case in question. He disposed of the first appeal in a cursory manner and did not examine whether the original request letter of the appellant is admissible under the RTI Act or not. It is clarified that hearing of the first appeal under the RTI Act is a quasi-judicial process. Under which it is the responsibility of the first appellate officer to dispose of the appeal by ensuring whether the request letter for information has been submitted in accordance with the provisions of the Act or not. In the present appeal, the first appeal was not disposed of responsibly by the departmental appellate officer in accordance with the Act. The then departmental appellate officer is strictly warned that in future, the disposal of first appeals should be ensured by being alert towards the provisions of the RTI Act. In this appeal, it is also clarified to the appellant that as an office bearer of the union, seeking information for the union on the letterhead of the union is not provided under the Act. Under the Right to Information Act, he can seek information for himself as a common citizen.
The appellant is expected to submit request letters under the Right to Information Act in future keeping this in mind.
