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Right to Information
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The
Therefore,
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Thirdly, the apex court in the same verdict said that all citizens pay
taxes and therefore have a right to know how their money was
being spent. The Supreme Court ruled that the above principles
translate to making Right to information a Fundamental Right
an inferred right in the S. P. Gupta vs. Union of India (1982),
popularly known as First Judges case, the apex court liberally
interpreted Art. 19 (1) (a) to include right to information.
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If the PIO fails to give decision on the request within the period
specified, shall be deemed to have refused the request.
Where a request has been rejected, the PIO shall provide the
reasons for such rejection; communicate the period within which an
appeal against such rejection may be preferred and the particulars
of the Appellate Authority.
Every PIO will be liable to Rs. 250 per day up to a maximum of Rs.
25,000/-, for-
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Appellate Authorities
First appeal to the officer senior in rank to the PIO in the concerned
Public Authority
Second appeal to the Central Information Commission or the Stale
Information Commission as the case may be
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IC shall hold office for a term of five years from the date on which he
enters upon his office or till he attains the age of sixty-five years,
whichever is earlier and shall not be eligible reappointment as IC.
Salary will be the same as that of the Election Commissioner. This
will not be varied to the disadvantage of the IC during service.
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The issue of file notings (notes that detail the reason bureaucratic
decisions are made) has been a bone of contention ever since the
Right to information Act was passed by the Indian Parliament in
2005. Opinion is divided as to whether file notings are a part of the
definition of information.
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PIOs are generally junior officers and are not able to draw
information from the senior functionaries in the department
Training the PIOs needs to be strengthened
Governments servants are the ones filing the appeals for
information to a great extent
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