Right to Information - How Not to Litigate with Govts., etc

The accountability of a person towards the Society or towards another individual has a close relation with the concept of justice. The justice, in the ordinary sense, is a process whereby a person is held accountable for his actions and inactions.

And if we say that there is no justice in our country, it follows that persons are not held accountable for their wrongful, unauthorized and illegal actions, implying governance by whims and fancies of powerful individuals, be in politics or otherwise.

In this backdrop, the availability of certain information may be instrumental in enforcing accountability of persons, more particularly of the govts and its administration.

The Right to Information Act, 2005 provides a statutory framework for obtaining certain information, more particularly, about the functioning of the administration of our Country. In the history of laws, it is perhaps the only law which has elevated the status of a common man to the status of an M.P. and M.L.A in so far as having access to information is concerned, wherein proviso to section 8(1)(j) of the Act mandates that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. The opening lines and the Statement of objects of the RTI law impress upon us that the said law is enacted with the spirit of ensuring transparency and accountability in the administration of the nation.

Ample has been written about the RTI law and it gives me a little scope to add any further value, to what has already been impressed upon. Yet, I am fascinated to further explore the spirit of the RTI law, more particularly treasured in Section 4 of the said law.

The Section 4 of the said law appears to be the soul of the RTI law. It starts with the caption (marginal note) “Obligations of Public authorities”. The Section 4(1)(b) puts a express obligation upon Public authorities to make a su moto disclosure about their records, their functions, their duties and powers; the manner and the procedure which is followed whilst passing Orders, or taking decisions, and so on.

And one of the most outstanding feature is contained in Section 4(1)(d) wherein this law mandates that Public authorities shall provide reasons to affected persons for their administrative or quasi judicial decisions. It is no exaggeration if I were to say that objectionable decisions of the public authorities are always wanting in reasons, and such decisions were always taken for extraneous and irrelevant considerations. The Apex Court and the High Courts have time and again repeatedly ruled that administrative decisions must be supported by reasons. This law gives a statutory recognition to this obligation.

Reasons are those statements, whereby the decision maker will tell you, WHY your submissions, in view of the issue involved, be accepted or rejected; or to say, the decision maker will tell you, WHY you are entitled to something you have asked for, or WHY you are not entitled to what you have asked for. Recording of reasons operates as a restraint on any possible arbitrary exercise of powers; and reassure that powers would be exercised by the decision maker on relevant grounds, by disregarding extraneous and irrelevant considerations.

However, mere statutory recognition in the books of law is not a guarantee of its observance, and it requires to be enforced whenever so called for. The moot question arises as how to enforce when decisions are wanting in reasons or suffers from other illegalities.

In the daily walk of life, whilst dealing with the govt. and the administration, various and mix of issues arises, and overlapping each other, which may include –

(1) Actions contrary to law or actions without following the procedure provided under the law;

(2) Misuse of discretionary powers;

(3) Exercise of powers when there is none;

(4) Issuance of Notice without justifiable reasons;

(5) Failure in discharge of duties obligated under the law;

(6) Refusal of exercise of powers when the circumstances exists for due exercise of it;

(7) Mischievous frustration of contractual obligations;

(8) Denial of Policy benefits / withdrawal of, etc.

Having facing any of the aforesaid issue, an Application under RTI law, under section 6, may be made before the concerned Public authority asking for certain specific information which has relevance and bearing to one’s issue.

Pls find below the draft RTI Application, which contains standard Information which may be asked, and depending upon the nature of one’s grievance.

APPLICATION UNDER RIGHT TO INFORMATION ACT 2005

To,

The Public Information Officer,

(Name and address of the Public Authority)

1) From: AAA

2) Address for communication / correspondence:

3) Particulars of Information required

i) Subject matter: (Give case details, like Letter Ref No. / Notice / Order No.)

ii) The Period to which Info relates: 00.00.0000 to 00.00.0000

iii) Description:

1. RTI regarding no action on Complaint / Representation

a) Please furnish details of procedure which is followed by this office, when a complaint is received;

b) Please furnish the details of procedure which was followed whilst dealing with the Complaint dated ______ (copy attached) of the Applicant;

c) Please furnish copy of all the documents which were generated pursuant to making of my aforesaid complaint;

d) Please furnish details of procedure which is followed by this office, whilst taking action in the ________  (nature of subject matter of the Complaint).

e) Please furnish detail of procedure which was followed by this office, in the Applicant’s case (subject matter);

f) Please furnish the total number of Complaints received by the Public Authority in the last six months; and total number of Complaints responded in that behalf.

2. RTI when any Public Authority / Official has acted against the provision of Law

a) Please furnish the extract of provision of Law, Rules, Regulations, Instructions, Manuals and Records, which are used or followed, by the concerned authority / Official in the ________  (Subject matter );

b) Please furnish the details of provision of Law under which action was taken in the Applicant’s case; and Please furnish the total number of decisions / actions taken by the Public Authority in the last six months under said Law;

c) Please furnish certified copy of all documents on the basis of which (subject matter ) action / decision was taken in the case of Applicant.

3. RTI when any Public Authority / Official have misused their powers

a) Please furnish the extract of norms set by the Public authority for taking action in respect of ________ (Subject matter); and which is in fact require to be su moto disclosed u/s 4(b)(iv) of the RTI Act, 2005.

b) Please furnish the norms which were followed by the Public authority whilst taking action in respect of Applicant’s case; and Please furnish the total number of decisions / actions taken by the Public Authority in the last six months under the aforesaid Norm”;

c) Please furnish the extract of Procedure which is followed whilst taking decision / action in respect of ________ (subject matter); and which is in fact require to be su moto disclosed u/s 4(b)(iii) of the RTI Act, 2005;

d) Please furnish the procedure which is followed whilst taking decision / action in respect of Applicant’s case;

e) Please furnish certified copy of all documents on the basis of which (subject matter ) action / decision was taken in the case of Applicant.

4. RTI when any Public Authority / Official taken such actions which it does not have the powers

a) Please furnish the extract of provision of Law, Rules, Regulations, Instructions, Manuals and Records, which are used or followed, by the concerned authority / employees whilst taking action in respect of ________  (Subject matter );

b) Please furnish the total number of decisions / action taken by the Public Authority in the last six months in respect of “subject matter”;

c) Please furnish the particulars of functions and duties of the concerned Public authority, as required to be su moto disclosed u/s 4(b)(i) of the RTI Act, 2005;

d) Please furnish certified copy of all documents on the basis of which (subject matter ) action / decision was taken in the case of Applicant.

5. RTI when unlawful Notice is sent by any Public Authority

a) Please furnish the extract of Procedure which is followed by this office whilst issuing Notice in respect of ________ (subject matter);

b) Please furnish the procedure which was followed whilst issuing Notice in respect of Applicant’s case (copy of Notice attached);

c) Please furnish the total number of Notices issued by the Public Authority in the last six months in respect of “subject matter”;

d) Please furnish certified copy of all documents on the basis of which (subject matter ) Notice was issued in the case of Applicant.

6. RTI when any Public Authority / Official refuse to exercise their Powers / Refuse to act

a) Please furnish the extract of Procedure which is followed by this office whilst taking decision / action in respect of ________ (subject matter);

b) Please furnish the procedure which was followed by this office whilst taking decision / action in respect of Applicant’s case stated hereinabove;

c) Please furnish the total number of decisions / actions taken by the Public Authority in the last six months in respect of “subject matter”;

d) Please furnish details of conditions under which (subject matter ) action / decision are taken by Public Authority.

7. RTI when any Public Authority / Official acting unreasonably in any Contractual matter

a) Please furnish the extract of Procedure which is followed by this office whilst taking decision / action in respect of ________ (subject matter);

b) Please furnish the procedure which was followed whilst taking decision / action in respect of Applicant’s case;

c) Please furnish the particulars of functions and duties of the concerned Public authority / official, as required to be su moto disclosed u/s 4(b)(i) of the RTI Act, 2005;

d) Please furnish certified copy of all documents on the basis of which (subject matter ) action / decision was taken in the case of Applicant.

8. RTI when you are aggrieved with any decision of the Public Authority

a) Please furnish the extract of Procedure which is followed by this office whilst taking Policy decision / decision / withdrawal of licenses in respect of ________ (subject matter);

b) Please furnish the procedure which was followed by this office whilst taking Policy decision / decision / withdrawal of license in respect of Applicant’s case stated hereinabove;

c) Please furnish certified copy of Records of deliberations / Minutes of the Meeting, of the Secretaries / Officials, who attended the meeting in which decision was taken regarding  ___________;

d) Please furnish certified copy of all documents on the basis of which (subject matter ) action / decision was taken in the case of Applicant.

Whether information is required by Post or in Person.

Whether Below Poverty Line (BPL):

Place:

Date: Signature of the

 Applicant

Whereas the PIOs sometimes mechanically invoke any of the Clauses of Sectios 8 and 9, to deny the requested information, then, depending upon the nature of information requested, and guessing as to which Clause may be invoked by the PIO in denying the requested information, the following further Information may be requested, which may make difficult for the PIO to deny the requested information.

1. In the event the PIO intends to deny requested information by invoking Clause (a) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would prejudicially affect the sovereignty and integrity of India.

2. In the event the PIO intends to deny requested information by invoking Clause (a) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would prejudicially affect the the security and strategic interests of the State.

3. In the event the PIO intends to deny requested information by invoking Clause (a) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would prejudicially affect the scientific interests of the State.

4. In the event the PIO intends to deny requested information by invoking Clause (a) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would prejudicially affect the economic interests of the State.

5. In the event the PIO intends to deny requested information by invoking Clause (a) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would prejudicially affect relation with foreign State.

6. In the event the PIO intends to deny requested information by invoking Clause (a) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would lead to incitement of an offence.

7. In the event the PIO intends to deny requested information by invoking Clause (b) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents, or of any Order of the Court or Tribunal, or of any other Authority, prohibiting the disclosure of requested information.

8. In the event the PIO intends to deny requested information by invoking Clause (b) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents, or of any Order of the Court or Tribunal, or of any other Authority, prohibiting the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that disclosure would constitute contempt of court.

9. In the event the PIO intends to deny requested information by invoking Clause (c) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would cause the breach of privilege of Parliament or the State Legislature.

10. In the event the PIO intends to deny requested information by invoking Clause (d) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would encroach / interfere with the commercial confidence, trade secrets or intellectual property of any third party.

11. In the event the PIO intends to deny requested information by invoking Clause (d) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would harm the competitive position of a third party.

12. In the event the PIO intends to deny requested information by invoking Clause (e) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds of holding of said information in fiduciary capacity.

13. In the event the PIO intends to deny requested information by invoking Clause (f) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds of receipt of said information in confidence from foreign Government.

14. In the event the PIO intends to deny requested information by invoking Clause (g) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would endanger the life or physical safety of any person.

15. In the event the PIO intends to deny requested information by invoking Clause (g) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would identify the source of information.

16. In the event the PIO intends to deny requested information by invoking Clause (g) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would identify the source of assistance given in confidence for law enforcement or security purposes.

17. In the event the PIO intends to deny requested information by invoking Clause (h) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents, including Order of any Court / Tribunal / Authority, which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would impede the process of investigation or apprehension or prosecution of offenders.

18. In the event the PIO intends to deny requested information by invoking Clause (i) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers.

19. In the event the PIO intends to deny requested information by invoking Clause (j) of Section 8(1) of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds of being it is a personal information devoid of any public activity or devoid of any public interest.

20.   In the event the PIO intends to deny requested information by invoking Section 9 of the RTI Act, 2005, Please furnish copy of those documents which prohibits the disclosure of requested information contained in Clauses (a) to (d) hereinabove, on the grounds that it would involve an infringement of copy right subsisting in any person.

Post Script:

In case the Public Information Officer (PIO) intends to deny information under any of the Clauses of Sections 8 and 9 of the RTI Act, 2005, the PIO is requested to record cogent reasons for such denial. Bare reproduction of Clause of Section 8 or 9 would not serve the requirement of law. In this respect, the attention of PIO is invited to a Delhi High Court Ruling and ruling of Apex Court, which in clear terms have held that cogent reasons must be recorded by PIO for denial of information, and mere reproducing the section or clause will not meet the requirement of law.

Delhi High Court captured the spirit of the RTI Act in its judgement in the Bhagat Singh vs. CIC WP (c) no. 3114/2007 in which it stated: (2008) 146 DLT 385

“13. Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders. It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information.

Reserve Bank Of India Versus Jayantilal N.Mistry: (2016) 3 SCC 525 : AIR 2016 SC 1

The Court has taken note of the obstructionist and secrecy wedded PIOs response to RTI applications. It has expressed its strong disapproval of denying the citizen’s fundamental right in paragraph 64: “it had long since come to our attention that the Public Information Officers (PIO) under the guise of one of the exceptions given under Section 8 of RTI Act, have evaded the general public from getting their hands on the rightful information that they are entitled to”.

The above rulings are binding upon every Authority established under the RTI Act regime; and the breach of would invite the contempt of the Court. In the case of Legrand (India) Private Limited Versus Union Of India [2007 (6) MhLJ 146], the Bombay High Court have held that the Public authorities / persons may be held guilty of contempt of the Court, if, in the regular discharge of their duties, they knowingly disregard the law laid down by the said Court. 

As a matter of fact, now obligation to give reasons by Public Authorities is a statutory mandate u/s 4(1)(d) of the Right to information Act, 2005 itself, which in clear terms mandate that every Public Authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Therefore, in case, if you have denied request for Information, but neglect to record reasons thereof; your such act of omission would deemed to be malice in law, wanting in good faith; and the protection available to you u/s 21 of the RTI Act, 2005, would not be available to you.

Desired Information can also be obtained by carrying out personal Inspection at the office of the concerned Public Authority, of the Relevant Files; and the certified copy of requisite documents may be asked after Inspection.

APPLICATION UNDER RIGHT TO INFORMATION ACT 2005

Application for seeking Information by way of inspection

From,

Name & Address

To,

Name and Address of Public Authority / Public Information Officer

Respected Sir,

In the light of scope of Right to Information as contained in the definition part of the RTI Act section 2(j) as Right to Information includes Right to inspection of files and documents and so read with section 4 of the Act which talks about voluntary disclosure of files and documents lying in the Public Office so that citizens have “minimum resort to the use of this Act to obtain information”, I intend to exercise the rights so vested in me by virtue of this RTI Act and desire to have inspection of files and documents according to detail given below.

1) I intend to inspect those files which contains the following documents--

Also, during inspection, copy of documents may be given on asking.

Thanking you.

XYZ

Date:

Place:

=====================================================

In case, the relevant information is furnished, the information obtained may be examined with the issue involved in one’s case; and the illegal / unauthorized action / inaction of the concerned Public officer / Authority may be demonstrated to them, by appropriate means, including by way of making appropriate representation.

If the concerned officer / authority is adamant to not to reply to representation, then a Complaint to the Authority, who is superior in Rank, be made seeking disciplinary action against the concerned official.

If the superior authority refuses or fails to take action, an Application under RTI law, under section 6, may be made before the said superior authority asking for “Please furnish the procedure which is followed by the superior authority in securing supervision and accountability of their subordinates, as set out in Section 4(b)(iii) of the RTI Act, 2005; or it may be asked “Please furnish the details of persons and authorities to whom the concerned Public official is answerable for his actions and inactions, as set out in Section 4(b)(iii) of the RTI Act, 2005.

Every Public servant / officer is protected under the law for their actions and inactions, provided, the said action or inaction is performed in good faith. When the actions or inactions are patently unlawful or unauthorized, this protection is not available to them, and they may be subject to serious disciplinary actions, and even they may be personally held liable for damages in a Suit filed against them for their unlawful action / inaction.

In this scenario, and in cases where Information is not furnished under RTI Application, then, a notice u/s 80 of CPC, 1908, may be given to the concerned official including to the concerned State Govt / Central Govt, bringing to their notice the unlawful action / inaction of the concerned official, and asking for corrective action, and also asking for examplary damages, in lieu thereof. The statutory notice u/s 80 of CPC, 1908, may alarm the erring public official, of the consequences which may follow, in case the Suit is filed, including against the govt, for his illegal / unauthorized actions.

The Hon’ble Apex Court in the landmark case of Salem Bar Association [AIR 2005 SC 3353], have ruled that Authorities in receipt of Notice u/s 80, must make a reasoned reply. Therefore, unless urgent reliefs are sought, a mere Suit for mandatory Injunction can be filed, seeking mere relief of “Reasoned Reply” to the Notice issued u/s 80. No Courts would ever refuse to grant of such minimum relief, even at the Interim stage. [AIR 1990 SC 867]

The aggrieved person may also approach the Writ Court (concerned High Courts), to decide the legitimacy / fairness / reasonableness, of the stand of the “Respondent Authority / Govt.. The “stand” of the Respondent must be before the Writ Court at the threshold. This is precisely what the Writ Court do in the Writ Jurisdiction, being Judicial Review of Administrative / Executive / Legislative actions / omissions of the “State”.

Whereas the law obliges the subject / Petitioners to make due representation before the concerned authority before he invokes Writ jurisdiction, then, in principle, the Writ Court must compel the Administration to develop the habit of responding to the Representations received by them. The Writs may be decided quickly, wherein the Writ Court may be prayed, either (a) to direct the concerned Respondent Public Authority to make reasoned Reply to the Representation made before it; or (b) to decide / settle / reiterate the mandate of law, which arises in the subject Petition, and the case may be remanded back to the Authority / Court, whose action / inaction / Order is impugned, with the direction to decide the dispute in accordance with law, as laid down by High Court.

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The other information which can be accessed of any public authority is –

1.    A statement of the categories of documents that are held by it or under its control;

2.    The particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;

3.    A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;

4.    A directory of its officers and employees;

5.    The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

6.    The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

7.    The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;

8.    The particulars of recipients of concessions, permits or authorisations granted by it;

9.    The details in respect of the information, available to or held by it, reduced in an electronic form;

10.  The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

11.  The names, designations and other particulars of the Public Information Officers;

12.  Such other information as may be prescribed; and thereafter update these publications every year;

13.  Publish all relevant facts while formulating important policies or announcing the decisions which affect public;

In case, the relevant information is furnished, the information obtained may be examined with the issue involved in one’ case; and the illegal / unauthorized action of the concerned Public officer may be demonstrated to themselves by appropriate means, including by way of making appropriate representation.

As a matter of fact, Information contained in Clauses (a), (c), (e), (g), (h) and (i) are such information which the concerned Public authority is obliged u/s 4 to make a su moto (on its own) disclosure. If such information is already available online at the website of the concerned Public authority, then, a representation may be made before concerned authority about the unlawful action / inaction being taken in one’s case, whilst pointing out the nature of obligation set out in the disclosure, and the actual action taken in breach of such obligations.

If the concerned officer / authority is adamant to not to reply to representation, then a Complaint to the Authority, who is superior in Rank, be made seeking disciplinary action against the concerned official.

If the superior authority refuses or fails to take action, an Application under RTI law, under section 6, may be made before the said superior authority asking for “Please furnish the procedure which is followed by the superior authority in securing supervision and accountability of their subordinates, as set out in Section 4(b)(iii) of the RTI Act, 2005; or it may be asked “Please furnish the details of persons and authorities to whom the concerned Public official is answerable for his actions and inactions, as set out in Section 4(b)(iii) of the RTI Act, 2005.

Every Public servant / officer is protected under the law for their actions and inactions, provided, the said action or inaction is performed in good faith. When the actions or inactions are patently unlawful or unauthorized, this protection is not available to them, and they may be subject to serious disciplinary actions, and even they may be personally held liable for damages in a Suit filed against them for their unlawful action / inaction.

In this scenario, a notice u/s 80 of CPC, 1908, may be given to the concerned official including to the concerned State Govt / Central Govt, bringing to their notice the unlawful action of the concerned official. The statutory notice u/s 80 of CPC, 1908, may alarm the erring public official, of the consequences which may follow in case the Suit is filed, including against the govt, for his illegal / unauthorized actions.

In this discussion, I am anxious to deal with a situation where the action of the concerned public authority is not only illegal but outrageous, that is to say, his impugned action plainly not permitted under the law, or to say, the impugned action is plainly beyond the scope of his authority. Like for example, a person is assessed for liability to pay tax on commodity “A”, which is otherwise expressly exempted under the law. This action of assessing tax on exempted category is akin to acting without jurisdiction.

Now, what options one has who is subjected to this “action of without jurisdiction”. In my view, he may refuse to pay the said liability, by making appropriate representation before the concerned officer / authority, requesting it to withdraw such assessment which is not permissible under the prevailing laws and is therefore, without jurisdiction. The said aggrieved person may prefer an Application under RTI law, under section 6, as stated hereinabove. The said aggrieved person may not immediately adopt any legal proceeding to challenge said “action of without jurisdiction”, because, actions without jurisdiction may be challenged even at the execution stage. Useful reference and aid may be drawn from landmark Apex Court ruling in the case of Nawabkhan Abbaskhan versus State of Gujrat (AIR 1974 SC 1471). Other useful rulings which may be referred in this regard are – AIR 1924 Cal 913; AIR 1954 SC 340; AIR 2003 SC 1475; AIR 2003 SC 3789; AIR 2009 SC (Supp) 923; AIR 2010 SC 3823; AIR 2011 SC 514.

Coming back to soul of RTI law, that is to section 4, the said section expressly mandates that every public authority shall regularly upload “information” in relation to their functions and duties stated hereinabove and other information set out in clauses (vi) to (xvii) of Section 4(1)(b), through various means of communications, including internet, so that the citizens may not even apply for seeking information.

Probably, the RTI law is the easiest and inexpensive law to enforce accountability of the people entrusted with the administration of the country.

Sandeep Jalan

Advocate.

Legal issues !!

If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.

or

If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Law Referencer: https://www.litigationplatform.com/

Thank you.

Dear Readers,

Shailesh Gnadhi, the former Central Information Commissioner, at Delhi, has written a E-Book on RTI. The said Book is co-authored by Mr. Pralhad Kachare who is a bureaucrat and was heading the RTI training cell at YASHADA. He has developed the training material at YASHADA and trained many officers. A unique feature of this book is that its draft was shared with former Chief Information Commissioner Mr. Satyananda Mishra and Mr. Toby Mendel who is one of the leading international experts in transparency laws. I believe the said Book is the most authentic interpretation of the RTI Act. Many decisions presently being followed do not reflect the words of the Act passed by parliament, and the law is slowly being amended by misinterpretation. Most of the decisions violate the Supreme Court’s earlier pronouncements given in the Raj Narain , SP Gupta, ADR and Rajagopal cases# .  This book could empower citizens and is a plea to all adjudicators to follow the words of the law. Presently, the ebook can be downloaded free of cost at link http://www.satyamevajayate.info/