Correctness Of Information Provided Can't Be Adjudicated In Proceedings Under RTI Act: Delhi High Court

The Delhi High Court has observed that the correctness of information provided under the Right to Information Act, 2005, or any other dispute or controversy, cannot be adjudicated in proceedings under the enactment.

“The CPIO is only required to supply all the information/documents within his access. Whether or not such information as provided by the CPIO under the RTI Act is incorrect in any manner, is not the domain of consideration or determination under the RTI proceedings,” a division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna observed.

The court upheld a single judge's order which dismissed the plea moved by a man against an order passed by the Central Information Commission (CIC) which provided “incomplete information” to him.

The man had filed an RTI application seeking information about his service record from the National Book Trust. 

It was his case that the CPIO wrongly informed him that he was working in the National Book Trust since December 15, 2008, whereas, he was working there since the year 2001. The CIC upheld the CPIO's order and the single judge rejected the challenge to the CIC's order.

Dismissing the appeal, the bench said that the Single Judge, after considering the facts and circumstances of the case, categorically held that the proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information supplied.

“Perusal of the aforesaid definition clearly shows that information to be provided under the RTI Act includes various records, documents, circulars etc. which can be accessed by the “Public Authority” under any other law for the time being in force,” the court said.

It added that the responsibility of the CPIO is discharged under the RTI Act upon providing all such information and documents that may be accessible to him.

“In view of the aforesaid discussion, this Court finds no merit in the present appeal. The same is accordingly dismissed, along with applications,” the court said.

Title: NARENDRA TYAGI v. ASSISTANT DIRECTOR (CPIO)

Citation: 2023 LiveLaw (Del) 1298

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