DATE WITH RTI

Information about a private person

The PIO, ISRO, Department of Space, was requested to provide information on five points pertaining to M/s KHFM Hospitality Management Services, (a Contractor), including information about the labour license and the category of workers. A copy of the wages paid by the Contractor, duly endorsed by the ISRO (Principal employer) was provided to the appellant. The PIO further stated that the record sought by the appellant may be available with the Contractor but documents cannot be obtained from a private person and provided to the appellant under the RTI Act. The CIC observed that the PIO was not aware that information can be obtained from a private person under Section 2(f) of the RTI Act. In the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the PIO.

Comments

As per section 2(f) of the RTI Act, if a law or statute permits and allows the public authority to access the information relating to a private body, it will fall within the four corners of Section 2(f) of the RTI Act.

Citation: K Sambasivaiah v. CPIO, ISRO, Department of Space in Second Appeal No. CIC/DSPCE/A/2018/125894, Date 01.11.2019

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at the link: - Right to Information Act 2005- RTI Foundation of India

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