Transparency Overlooked: CIC Rebukes Dargah Committee for Mechanical RTI Denials

In a significant ruling aimed at curbing the arbitrary suppression of information, the Central Information Commission (CIC) has criticized the Dargah Committee, Ajmer, for its "mechanical" denial of employment-related documents requested under the Right to Information (RTI) Act.

The case— Nisar Khan vs Dargah Committee —sheds light on the public authority’s attempts to use broad legal exemptions to block access to internal decision-making processes regarding their own employees.

The Conflict Behind the Desk

The dispute began when Nisar Khan, an Additional Security Officer at Dargah Khwaja Saheb, sought certified copies of action-taken documentation and internal office notings regarding his service-related applications. Instead of providing the requested details or justifying specific redactions, the Central Public Information Officer (CPIO) furnished a letter from the Assistant Labour Commissioner that was entirely irrelevant to the core request.

Following the denial of his first appeal, where the First Appellate Authority (FAA) invoked Section 8(1)(b)(c) of the RTI Act—exempting information that would inhibit legal processes or breach confidentiality—without providing any reasoning, Khan escalated the matter to the CIC.

Arguments from the Shadows

The Respondent (Dargah Committee) argued that the petitioner was merely seeking to exert pressure via a personal service dispute and that the requested "internal office notings" and department files were confidential. They contended that, under the guidelines set by the Supreme Court in Girish Ramchandra Deshpande vs. CIC and CBSE vs. Aditya Bandopadhyay , the RTI Act should not be used as a tool to disrupt administration or force the disclosure of sensitive internal correspondence.

The Appellant, however, countered that the institution was deliberately withholding documents despite his clear demonstration of how previous applications were handled, asserting that his right to know the basis of administrative actions regarding his salary and posting remained supreme.

The Commission’s Analysis

Information Commissioner Sanjeev Kumar Jindal found that the Respondent’s reliance on exemptions was entirely "mechanical and without due application of mind." The Commission emphasized that a public authority cannot invoke exemptions under Section 8(1) as a blanket shield. To deny information, the authority must establish how disclosure would specifically harm the legal or administrative proceedings mentioned—a threshold the Dargah Committee failed to cross.

Key Observations

The CIC was categorical in its assessment of the institutional attitude:

• "The Respondent CPIO furnished an irrelevant reply by enclosing a copy of a letter issued in proceedings before the Assistant Labour Commissioner, which does not address the specific information sought."
• "The First Appellate Authority… denied the information by invoking Section 8(1)(b)(c) of the RTI Act without assigning any reasons or examining whether such exemption was applicable."
• "Such denial appears mechanical and without due application of mind."
• "The Respondent CPIO… has failed to establish how such assertions disentitle the appellant from seeking access to information otherwise available under the RTI Act."

The Verdict

The CIC overruled the Dargah Committee’s objections, directing the CPIO to re-examine the RTI application from September 2024. The institution has been ordered to provide a revised, point-wise reply to Nisar Khan within 15 days. This decision serves as a stern reminder to public sector offices that the RTI Act is not a tool subject to the whims of the authorities and that transparency remains the bedrock of public service employment.

---

Article Structure

• Introduction : Setting the scene of the CIC reprimand.
• The Conflict Behind the Desk : Detailing the scope of the request and the CPIO's improper handling.
• Arguments from the Shadows : Presenting the conflicting positions regarding personal service disputes versus transparency.
• The Commission’s Analysis : Deconstructing the legal failure of the FAA and CPIO.
• The Verdict : Outlining the corrective measures ordered by the Commission.