Daily Excelsior: Mohinder Verma: Jammu: Sunday, September 20, 2026.
The Central Information Commission (CIC) has cautioned Public Authorities in Jammu and Kashmir against mechanical disposal of RTI applications and appeals with the observation that the right to information is a cherished right intended to promote transparency and accountability, but indiscriminate and impractical demands for information can adversely affect the efficiency of administration.
The observation came in a Second Appeal concerning the Directorate of School Education Kashmir, in which the CIC found that both the CPIO and the First Appellate Authority had failed to properly assess the RTI application and had instead mechanically dealt with the request.
The Commission, however, also referred to the Supreme Court's judgment in CBSE & Another Versus Aditya Bandhopadhyay and Others, while examining the nature of the information sought in the present case. Quoting the Supreme Court, the CIC held that the right to information and the provisions of the RTI Act are intended to be formidable tools in the hands of responsible citizens to fight corruption and bring transparency and accountability in the functioning of Public Authorities.
"In respect of information other than that covered under the mandatory disclosure provisions, equal importance has to be given to public interests such as confidentiality of sensitive information, fiduciary relationships and efficient operation of Governments", the CIC said, adding "indiscriminate and impractical demands for disclosure of information unrelated to transparency and accountability could prove counter-productive by adversely affecting administrative efficiency and burdening the executive with non-productive work of collecting and furnishing information".
Linking these principles with the case before it, the CIC noted that the RTI application contained an all-pervasive demand for service-related documents concerning various third parties over two decades, besides clarification-based and indeterminate requests concerning the appellant over a period of more than 10 years.
The Commission observed that the CPIO had not assessed the application from the standpoint of Section 2(f) of the RTI Act and had also not examined the applicability of the exemption under Section 8(1)(j). While the CPIO had indicated that certain information was unavailable, the reply itself made no reference to the relevant provisions of the RTI Act.
The CIC also took exception to the First Appellate Authority's approach of holding that the information could not be provided because an investigation was pending and Section 8(1)(h) was applicable. According to the Commission, such an approach would imply that once the investigation or prosecution process was over, the Public Authority would have been able to provide even personal information relating to third parties. The Commission termed the disposal of the RTI application and first appeal as mechanical.
The case arose from an RTI application filed by Abdul Qayoom before the Directorate of School Education Kashmir on July 11, 2024, seeking information on service record, appointment-related records and other documents. The CPIO had subsequently stated that several records could not be traced, while information relating to his GPF details was not provided on the ground that his case was under investigation.
The CIC, while restricting the relief in the matter, directed the CPIO to provide a revised reply regarding the appointment list sought by the appellant in respect of the specified reference letter dated March 1, 1983. The reply has to be furnished in strict compliance with the RTI Act, subject to Section 8(1) read with Section 10, within two weeks of receipt of the order.
Importantly, the Commission also advised the CPIO to take cognizance of the suo motu disclosure mandate under Section 4(1)(b)(ix), observing that an appointment list of a Public Authority would appear to entail the list of employees and such information, where required to be made available in the public domain, should not ordinarily be denied to RTI applicants unless it is unavailable or the relevant provisions of the Act apply.
The CIC cautioned the CPIO and FAA against mechanical disposal of RTI applications and First Appeals in future, thereby stressing the need for proper examination of RTI requests instead of routine disposal.
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