Difficulty In Collating Information No Ground To Deny Information Under RTI Act: Delhi High Court

The Delhi High Court has recently ruled that difficulty in collating the information is not a ground to deny information under the Right to Information Act, 2005.

Justice Subramonium Prasad said that a Public Authority cannot take a stand that since the information sought for is not available at one place and it will take a long time to collate the same, therefore, the information cannot be provided under the RTI Act.

The court said the object of the RTI Act is to ensure transparency in the functioning of Government Departments and the same cannot be thwarted by the State Government on the ground that voluminous information is being sought and, therefore, the information cannot be provided.

“The Government also cannot deny information on the ground that it will take time to collate the information,” the court said.

Justice Prasad made the observations while rejecting a plea moved by the Delhi Government challenging an order passed by Central Information Commission (CIC).

The case arose from an RTI application filed by Probhjot Singh Dhillon seeking information as to in how many cases the Delhi Government's Education Department has taken action against the teachers for taking private tuitions in the national capital.

The CIC observing that the PIO is treating the RTI application of the Respondent in a cavalier manner. Vide the impugned order, the CIC had directed the PIO of the Aided School Branch to provide the information to Dhillon.

Rejecting the plea, the court said the disciplinary proceedings taken by the Government and aided schools against teachers who take private tuitions can be made available to Dhillon as the information would be available with the Department though not at one place and has to be collated.

Observing that the information related to teachers of private unaided schools can be collated from the records of major punishment imposed by such schools, the court said:

“A perusal of the abovementioned Rules indicates that if a Private/unaided School intends to take a major penalty against a teacher then the approval of the Director of Education is necessary and without such an approval any action of major penalty cannot be imposed on the teacher.”

It observed that the Delhi Government must have the information regarding the penalty taken against a teacher for taking private tuitions in both Government and private schools.

“As stated above, the fact that the information might not be available at one place cannot be reason to deny such an information. Efforts have to be made by the Department to collate the information and then give it to the Respondent,” the court said.

Accordingly, Justice Prasad directed the Delhi Government to provide the information sought by Dhillon in respect of both Government and private schools concerning the cases where major penalty has been imposed on the teacher for taking private tuitions.

Counsel for Petitioners: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi and Mr. Hitanshu Mishra, Advocates

Counsel for Respondent: Mr. Tanmaya Mehta, Mr. Krishna Gopal Abhay, Mr. Karmanya Singh Sareen, Mr. Sahib Singh Dhillon and Mr. Rinku, Advocates

Title: GOVT OF NCT OF DELHI AND ANR. v. MR PRABHJOT SINGH DHILLON

Citation: 2024 LiveLaw (Del) 568

Click here to read order