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RTI Judgements

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Supreme Court Judgements

1.Section 2(f) & entire Act overview - Evaluated - Answer Sheet
2.Section 18 - Information Commission's Powers us18
3.Section 2(f), 8(1)d & (e) Question Papers and Model Answers is information
4.Section 2(f) Reasons for judicial orders not information
5.Section 2(h) Whether CJI is a Public Authority
6.Section 12(5) & 15(5) CICs, SICs to be person of judicial background
7.Namit Sharma Verdict partly stayed
8.Section 8(1)(j) - Personal Information and Income Tax Returns
9.Section 20(2) Penalty & Departmental Action - Burden of forming opinion about penalty is on Information Commission
10.Section 8(1)g - Names & Addresses of Examiners
11.Sec.8(1)(j) & 11 – Disclosure of ACR of others only when there is overriding public interest
12.SC says SIC or IC cannot file Writs 100000 cost imposed
13.Section 12(5) & 15(5) - SC recalls verdict on appointment of information commissioners
14.Section 2(h) - Co-operatives are not public authorities unless substantial finance is established
15.Section 8(1)(e) - Experience and degree certificate of other candidates denied under RTI
16.Section 15 (3) - case remanded back to HS - Appointment of ICs in TNSIC

1. Allahabad High Court Judgements

1.Section - 20 Penalty - Brahm Singh Vs. SIC 22-03-10
2.Section 19-20 Contempt of Court - Ram Sakha Singh Vs Sunil Kumar Chaudhary SIC 12-11-10
3.Section 2-0 - Contempt of Court - Sunehari Lal Vs. Gyanendra Sharma U.P.IC 11-05-11
4.Section 24(4)- UP Govt Notifications on exempting under Sec 24 (1)quashed

2. Andhra Pradesh High Court Judgements

1.Section 2(f)- Cooperative Housing Building Society Vs IC
2.Sec 2(h) Disclose the purpose of Information - 27 January 2009
3.Sec 2(j) Reasons for Judicial Decisions not information - 24 April 2009
4.Sec 8(1) Implied Bar cannot be beyond Section 8
5.Sec.12(5), 12(6) and 15(5), 15(6) - Appointment of Information Commissioner

3. Delhi High Court Judgements

1.Section 8(1)(j) Info on disciplinary action - Unwarranted invasion of privacy
2.Section 4(1)(b)(xii) - Disclose donations made to President's Fund Delhi HC Ruling
3.Section 8(1)(j) & Sect 11 - Disclosure of ACRs …. R.K.Jain Vs.UOI ACR Case Delhi HC
4.Section 8(1)(j) & Sec - 11 - Third Party Information BSNL - Delhi HC
5.Section 8(1)(j) Disclosure of disciplinary action information exempted - UPSC Vs. R.K.Jain
6.Section 8(1)(a) - Disclosure of Cabinet Papers Delhi HC
7.Section 18 - DDA - Powers of Information Commission to inquire into complaints
8.Section 4 - Disclosure of reports - delhi-HC order-on-wgeep-20120517
9.Section 20 - Applicant need not be party when Penalty Proceeding is tried. Delhi HC Jan 2012
10.Section 8(1)(j) - Agreements, Settlements cannot be personal information
11.Section 8(1)(j)- Wife's Personal Information denied to husband under RTI
12.Section 2(f) - Copies of ORS (OMR) answer sheets cannot be denied under RTI
13.Section 8(1) - Information regarding ones own criminal case cannot be denied under RTI
14.Section 8(1)(e) & 9 - Copies of ORS (OMR) answer sheets cannot be denied under RTI
15.Section - 18 to 20 - Information Commission has power to give direction, advice & recommendation
16.Section 8(1) Discloser of Cabinet Papers
17.Section 2(h) Delhi Integrated Multi Model Transit System Ltd. is Public Authority being substantially financed
18.Section 8(1)(e) & (j) - File Nothings are open - not fiduciary or personal
19.Section 11 - ACR File Inspection - Procedure under section 11 mandatory
20.Section 1(2) - Interpretation of applicability of RTI to GOI offices in J & K
21.Section 2 (h) - Landmark Judgment on whether CJI is a Public Authority
22.Section 8(1)(e) & (j) - Post Mortem Report - Names of selection committee etc
23.Section 8(1)(j) - Copies of FIR, Arrest Warrants, Complaints
24.Relevant section to be mentioned if compensation is awarded by CIC
25.Commission can order compensation only in second appeal
26.Section 19(8) - Powers of Info Commissioner to direct inquiry in non-traceable records
27.Section 18 - Complaint must be heard and decided on merit
28.Section 20 - Penalty for delay when indiscriminate and voluminous information sought is not justifiable
29.Section 18(1) - Complaint of CPIO for multiple RTI applications
30.Section 6(3) - PIO cannot escape by just forwarding application to other in the same Public Authority-PDHC GM vs Railways
31.Section 2(h) Army_Welfare_Housing_..._vs_Adjutant_Generals_Branch_&_Ors_on_19_November,_2014
32.Section-4(1)(a) & 19(8)(a)(iv) -Information Commissioner can direct to arrange records to facilitate disclosure
33.Right of a public authority to challenge a decision of its own Public Information Officer/First Appellate Authority
34.Sec 2(h) of The RTI Act2005 - The Office of the Attorney General of India is a Public Authority

4. Gujarat High Court Judgements

1.Section 11 - Third Party information cannot be provided without following procedure laid down in section 11
2.Section 19 - SIC cannot order demolition but only order disclosure of information
3.Section 20 - Penalty on PIO reduced because there was no malafide denial of information
4.Asking for a long information for no reason i.e.from 1991 to 2010 is misuse of RTI

5. Himachal Pradesh High Court Judgements

1. Section 15 - SIC should consist of one CIC and at least one IC

6. Jharkhand High Court Judgements

1.Section 2( f)- Reconstitution of Record--- The Commissioner of Central Excise & ST Vs CIC
2.Section 8(1) ( g)- of the members of the interview Board cannot be disclosed--- Jharkhand Public Service Commissioner Vs. The State of Jharkhand & others

7. Kerala High Court Judgements

1.Section 8(1)(j) --ACRs not personal documents - they can be disclosed under RTI
2.Section 20 -APIO Fined by Kerala High Court
3.Section 2(f) Information of Bank as requested to be disclosed
4.Section 2(f) & 8(1)(d) - Minutes of the Managing Committee of a bank not information of commercial confidence
5.Section 2(h) - Whether Co-operative Society is a Public Authority
6.Kerala HC Answer Scripts are disclosable under RTI

8. Kolkata High Court Judgements

1.Section 8(1)(g) – Basubeb Batabyal Vs. CIC 30-07-09
2.Section 2(f) - Inspection of Answer Papers-- PritamRoojVs The University of Calcatta 28-03-2008
3.Section 8(1)(d),10 & 18-- Tata Motors LTD Vs State of West Bengal 12-01-10
4.Secion 2(f) -- Answer Papers-- University of CulcattaVsPritamRooj 05-02-09

9. Mumbai High Court Judgements

1.Section 2(h) - Vighnahar Co-operative Sugar Factory not Public Authority under RTI
2.Section 6, 7, 19 & 20 - RTI Misuse Mumbai High Court Judgment 30th July 2012
3.Section 2(h) Un Aided Schools not Public Authority
4.Section 8(1)(d) Information of smart cards disclosable
5.Section 8(1)(j) Personal Information Ruling Nov 2012
6.Section 2(h) Urban Cooperative Banks in Maharashtra are not Public Authorities
7.Section 20 - Penalty cannot be without justified reasons.
8.Section 8(1)(j) not applicable to Leave Records HC Goa
9.Section 8(1)(j) & Section 11 - Medical Records - Third Party - Mr.Surupsingh_Hrya_Naik_vs_State _of_Maharashtra_Through_on 23_March_2007
10.Section 2(f) - cannot include within its fold answers to the question why
11.The Board of Management of the Bombay Properties of the Indian Institute of Science Versus The Central Information Commission
12.Section 2(h) - Information may be accessed as directed by SIC
13.Appellate authority under RTI Act can issue direction to such public authority
14.The Public Information Officer of the Bombay High Court Versus The State Chief Information Commissioner and another.
15.Public Information Officer of the Bombay High Court Versus State Chief Information Commissioner and Anr.
16.Section 2(h) All Govt. aided schools, colleges and Their Institutions are Public Authorities
17.Section 8(1)J - Under the RTI Act, disclosure of personal information of an individual is illegal
18.Section 2(h) - Granted NGO running College is Public Authority
19.Section 2(h) - Society or Institution not receiving Government aid not under RTI
20.Section 2(h) - The Public Information Officer vs 2 Balchandra Vasudev Radkar on 18 October 2012
21.Section 8(1)(g)(h) - Disclosure of station diary when it can impede process of investigation
22.Section 20 - Terms for imposing penalty
23.Section 2(h)--Deemed University is a Public Authority - Pravara_Medical_Trust_Loni_Rahata_..._vs_The_Union_Of_India_And_Ors_on_10_October,_2014
24.Section-15(5) Whether SIC has to be a multui member bench
25. Preamble of RTI Act 2005 and Sec 9 of The Maharashtra Public Records Act, 2005
26. 8(1)(j) - Disclosure of Income Returns

10. Punjab & Haryana High Court Judgements

1.Section 8(1) - File Noting is not exempted information
2.Section 20 - PIO is supposed to correct information
3.Section 20 - If delay is justified and penalty required
4.Section 24(1) - Information other than Corruption and violation of human rights need not be provided by Intelligence Agencies listed in schedule-2
5.Section 8(1)(j) - Personal information in Census records need not be disclosed.
6.Section 20 - Penalty provided is consequence of non-performance or delayed performance
7.Section 8(1) - Preliminary report in disciplinary action case can be disclosed
8.Section 2(f) - Information which is not available cannot be provided
9.Section 8(1)(e) & (j) - Asset & Property details are not exempted under Sec 8(1) (e) and (j)
10.Section 2(f), 2(n), 8(d) (e) & (j) – Information regarding booking and supply of domestic and commercial LPG cylinders with home delivery and without home delivery facilities is information in public domain …not commercial or trade secret.
11.Section 2(n) & 8(1)(d) & 11 - The names and addresses is not the information for which the third party is required to be heard.
12.Section 24(4) - Information regarding recruitments will have to be provided
13.Section 8(1)(j) - Long list of information of disciplinary action against all employees involving third party interest need not be disclosed.
14.Section 20 - Penalty not necessary if delays is on account of the circumstances beyond control of the Public Information Officer
15.Section 8(1)(a) – PIO cannot avail exemption unless it is disclosed with reasons as to how economic interest of the State will suffer by disclosure.
16.Selection criteria and marks can be disclosed
17.No malafide denial by PIO
18.DAV School Chandigarh is a PA, as was decided by the single judge bench
19.Section 8(1)(e) and (j) Provisions of RTI Act not available to disgruntled employee
20.IC cannot dwelve into nature of information
21.Info on mode of appointment and promotion to be disclosed

11. Madras High Court Judgements

1.Section 20 - Court cannot take over the powers of the Info Commission
2.SIC to follow appeal procedure rules
3.Madras High Admin difficulties can’t be cited to deny info under RTI
4.Madras High Court order denying info on complaints of bribery in the subordinate judiciary under RTI
5.Madras High Court Judgement -Section 2 (f), 2(J), Reasons and locus is neccesary in RTI
6.Madras High Court Judgement -Section 2 (f), 2(J), Review Order Dt.23/09/2014
7.Section-8(1(e) & (j)-Registrar General Vs. K. Elango-17042013
9.Sec-Section 8(e)(i)(j) --The_Registrar_General_vs_R.M.Subramanian_on_14_June,_2013
10.Sec-8--For Security Information of Temple Kumbsaraswamy denied

12. Goa High Court Judgements

1.Section 2(f) cannot include within its fold answers to the question why
2.Section 6,7 8 -Citizen is entitled to have that information which can be provided to parliament.

13. Karnataka High Court Judgements

1.Karnataka High court - Direct complaint under section 18 without filing first appeal under section 19(1) is not permissible
2.Y.N.Chandramma Petitione Versus Sri A.R.Viswanatha

14. National Consumer Dispute Redressal Commission

1.RTI applicant cannot be treated as a consumer under Consumer Protection Act

end faq

Last Updated on Saturday, 13 June 2015 17:35  

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