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| Type | Commercial Circular |
|---|---|
| Topic | ticket-checking |
| Currency | Currency not verified |
section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any information under sub-section (4) of Section 4 and sub-
= DBOOK ON RTI ACT,2005 = RIGHT TO VS VAW - 2024 Southern Railway Vigilance Organisation Southern Railway Vigilance Organisation Handbook On RTI Act, 2005 VAW 2024 i Foreword The term “Right to Information” fundamentally refers to the citizens' right to access information held by the government. As observed by the Hon’ble Delhi High Court in the case of Secretary General, Supreme Court of India vs. Subhash Chandra Agarwal (LPA No: 501/2009), “Information is currency that every citizen requires to participate in the life and governance of the society. In any democratic polity, greater the access, greater will be the responsiveness; and greater the restrictions, greater the feeling of powerlessness and alienation. Information is basis for knowledge which provokes thought, and without thinking process, there is no expression.” Sweden pioneered the right to access information with its law in 1766. By 1995, only 19 countries, primarily Western democracies, had implemented RTI laws. Today, more than 125 countries have enacted similar legislation, reflecting its global significance. ii While the Constitution of India does not explicitly guarantee a right to information, the Hon’ble Supreme Court in several cases has affirmed that the right to information is implicit in the constitutionally enshrined rights to freedom of speech and expression [Article 19(1)(a)] and the right to life and liberty [Article 21]. Enacted in 2005, the Right to Information Act (RTI Act) was established to facilitate public access to information held by public authorities and to enhance transparency and accountability. For officials handling RTI matters, particularly Public Information Officers (PIOs), a thorough understanding of the RTI Act, its provisions, and procedures is crucial. This handbook is crafted as an introductory resource to provide a foundational overview and practical insights into the RTI Act. It aims to equip officials with the knowledge needed to effectively manage RTI applications and appeals. It is important to note that this handbook serves as an initial guide and should not be interpreted as comprehensive legal advice. The interpretations and iii guidelines presented are based on the current understanding of the RTI Act and relevant case law. Readers are encouraged to study the detailed provisions of the Act, review judicial interpretations, and seek expert legal advice for a complete understanding of the RTI framework. The books and resources referred to in the preparation of this handbook are cited in the bibliography. Readers are encouraged to consult these works to gain a more thorough and nuanced understanding of the law. Special appreciation is extended to Shri. Shaji M.K, Law Officer, Rail Wheel Factory, Bengaluru, for his meticulous review of the draft chapters and the valuable corrections suggested. ********** v DISCLAIMER The contents of this handbook should not be construed as legal advice; they are meant merely to serve as guidelines. The topics covered in this handbook should not be considered as exhaustive, nor should they be cited as authority in any official reference or produced in a court of law. Any reference, whenever necessary, should always be made to the original case laws, statute provisions etc., which are cited in this handbook. vii Table of Contents Sl. No Title of Chapter Page No 1 What is “Information? 1 2 What is “Right to Information”? 11 3 What is “Public Authority”? 21 4 Deemed PIO 23 5 Third Party Information 29 6 What to do on receipt of an RTI application? 35 7 Processing the request for information 45 8 Exemptions from disclosing information - An introduction 53 9 Exemption from disclosing information- Section 8(1)(b) 63 10 Exemption from disclosing information- Section 8(1)(d) 67 11 Exemption from disclosing info
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