File notings are not, as a matter of law, exempt from disclosure under Right To Information Act – CIC
Information Act is steadily taking steps – Government servants cannot really hide files from their masters, the citizens. In a landmark order the Central Information Commission has ordered that file notings are not exempted from disclosure under the RTI Act. The interesting facts are as follows:-
Shri Satyapal – appellant, a resident of Delhi, applied to the CPIO, TCIL seeking for copies of certain documents. The CPIO, TCIL furnished copies of certain documents, however, stating that a particular document sought for was a file noting in the Department of Telecom and as such it was exempt from disclosure. Shri Satyapal again wrote to the CPIO, TCIL pointing out that the information sought for by him did not fall within the ambit of Section 8 of the RTI Act and as such the same should be supplied. He also brought to the notice of CPIO, that in respect of information already furnished, a copy of a bill in respect of advertisement relating to independence day 1996 had not been supplied. The CPIO, while furnishing a copy of the bill, once again reiterated that file notings are exempt from disclosure in terms of the clarification given by the Department of Personnel in their website. Aggrieved by this decision, Shri Satyapaul preferred an appeal to the appellate authority stating that file notings are not exempt from disclosure in terms of Section 8 of the RTI Act. The appellate authority rejected the appeal stating “The information sought by you pertains to the file notings of the Department of Telecommunication as also that of TCIL. I am of the view that TCIL is exempted from disclosing the information sought by you under Section 8(1)(d)&(e) of the RTI Act. UO No.7-17/95-PP dated 4.10.1995 is a part of file notings. You have mentioned in your appeal that the information has been denied misconstruing it as “file notings” by CPIO, TCIL. I confirm that these are notings in the file”. Aggrieved with the decision of the appellate authority, Shri Satyapal has filed appeal before this Commission.
The commission observed,
++ the Act has been enacted to vest with the citizens, the right of access to information under the control of public authorities in order to promote transparency and accountability in the working of any public authority
++ Conscious of the fact that access to certain information may not be in the public interest, the Act also provides certain exemptions from disclosure
++ In the system of functioning of public authorities, a file is opened for every subject/matter dealt with by the public authority. While the main file would contain all the materials connected with the subject/matter, generally, each file also has what is known as note sheets, separate from but attached with the main file
++ Most of the discussions on the subject/matter are recorded in the note sheets and decisions are mostly based on the recording in the note sheets and even the decisions are recorded on the note sheets
++ These recordings are generally known as “file notings”. Therefore, no file would be complete without note sheets having “file notings”. In other words, note sheets containing “file notings” are an integral part of a file.
++ a citizen has the right of access to a file of which the file notings are an integral part
++ If the legislature had intended that “file notings” are to be exempted from disclosure, while defining a “record” or “file” it could have specifically provided so.
Therefore the Commission held the firm view that in terms of the existing provisions of the RTI Act, a citizen has the right to seek information contained in “file notings” unless the same relates to matters covered under Section 8 of the Act.
So the Commission directed the CPIO to furnish the information by 15.02.2006. If the CPIO felt that the file notings are still exempted from disclosure, he is to place the notings before the Commission today (13.02.2006) to determine whether they are exempt.
You can see the full text of the order in 2006-HRIOL-02-CIC in our site www.hrindiaonline.com