This document relays important observations from the High Court of Gujarat regarding the powers of Information Commissioners. It highlights that while State Information Commissioners and Chief Information Commissioners have significant authority to conduct inquiries and impose penalties under the Act, 2005, their powers are limited when it comes to ordering the refund of fees. The High Court has...
This communication clarifies that under the Right to Information Act, 2005, a person can lodge complaints or appeals with the Central or State Information Commissions. It addresses the practice of these commissions constituting Benches to decide on complaints and appeals. However, after consultation with the Department of Legal Affairs, it has been determined that the Act does not explicitly...
This document clarifies common misconceptions about the Right to Information (RTI) Act, 2005, based on a Supreme Court observation. It emphasizes that the Act grants access only to information that already exists and is held by or under the control of public authorities. Public Information Officers are not obligated to create new information, interpret existing data, solve applicant problems, or...
Information regarding complaints made against a government official and any actions taken on those complaints is considered personal information. Disclosure of such information is generally exempt under Section 8(1)(j) of the RTI Act, unless it serves a larger public interest. This principle was upheld by the Central Information Commission, referencing a Supreme Court decision. Consequently...
A recent directive from the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, communicates a High Court of Kolkata order concerning the personal details of RTI applicants. The court ruled that authorities should not insist on detailed addresses from applicants, especially when a post box number is provided, as this adequately facilitates contact...
This office memorandum from the Ministry of Personnel, P.G. and Pensions announces the establishment of Single Member Benches of the Central Administrative Tribunal (CAT). These benches are empowered to handle service matters for Central Government employees, aiming to provide swift and affordable resolution of grievances. A copy of the order dated June 26, 1987, issued by the Chairman of the...
This office memorandum reiterates that government ministries and departments have the authority to present their cases before the Central Administrative Tribunal through duly authorized officers. This authorization is granted under Section 23(2) of the Administrative Tribunals Act, 1985. The memorandum notes the encouraging success rate of cases presented by departmental officers. It clarifies...
This official memorandum clarifies that the Central Government, as per the Administrative Tribunals Act, 1985, has the authority to authorize its officers to present cases before the Central Administrative Tribunal (CAT). This power has been exercised and brought to the attention of various ministries and departments previously. It has been observed that cases presented by departmental officers...
This office memorandum from the Ministry of Personnel, Public Grievances & Pensions addresses the need to streamline service matter cases and reduce litigation. It highlights the Parliamentary Standing Committee’s recommendation to act upon pronouncements from CAT, High Courts, and the Supreme Court. The Ministry has previously issued instructions to various departments to ensure...
This document addresses the recurring issue of challenges to various provisions of the Administrative Tribunals Act, 1985, and related matters being filed in Courts and Tribunals. It highlights that the Department of Personnel and Training is the nodal ministry for the administration of this Act, and therefore, any directions or orders passed by Courts/Tribunals concerning these matters, even...