In a significant move to cater information to an RTI activist, the Central Information Commission (CIC) has instructed the Department of Personnel and Training (DoPT) to trace records about the creation of its Information Rights (IR) division and provide those to an RTI applicant. The CIC has clarified that in case of failure the DoPT must submit an affidavit declaring the records unavailable.
The direction was issued while disposing of a second appeal by an RTI applicant seeking copies of office orders relating to the constitution, reconstitution, or transfer of the IR division in the DoPT, along with details of files in which such orders were issued.
The applicant approached the CIC after being informed by officials that the requested information was not available in their records.
Information Commissioner Jaya Varma Sinha directed the DoPT to diligently search its database and records and provide the information within three weeks if the documents are located.
The CIC said if the records are still not found, the CPIO concerned shall submit an affidavit on non-judicial stamp paper affirming their non-availability and furnish a copy to the appellant.
During the hearing, representatives of the DoPT’s administration division and the IR division maintained that no such records could be traced.
The DoPT submitted that the allocation and distribution of work within a department is a routine administrative matter and “does not, by itself, necessitate the constitution of a separate division or specific orders thereon.”
It further stated that efforts were made to locate records relating to the constitution of the IR division, but “the same could not be traced.”
It should be noted here that the DoPT’s IR division deals with “the establishment matters of CIC, annual programme on propagation of RTI Act, and matters related to RTI Online Portal,” while matters related to the Right to Information (RTI) Act are handled by the IR-II section.
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