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Can trade union leaders file RTI applications?
It is not so easy to get an answer this vexed question. The Department of Personnel and Training (DOPT), the central nodal agency to oversee the implementation of the RTI Act and the CIC are not able to reach a consensus about this critical issue. Sri P. Esakkimuthu, Jt. Secretary, Centre for Indian Trade Union, Tuticorin, Tamilnadu has filed an RTI application. Sri P.K. Mishra, CPIO, DOPT replied as follows: “as per proviso to Section 3 of the RTI Act 2005 only a citizen is entitled to seek information under the RTI Act. Organizations/Associations are not entitled to seek information under the Act.” Sri K.G.Verma Director and First Appellate Authority, DoPT upheld the response of the PIO: “The CPIO has rightly informed the appellant that only a citizen is entitled to seek information under the RTI Act. The appeal is disposed off accordingly.” Chief Information Commissioner Sri Wajahat Habibullah remanded the case to CPIO, DOPT Shri P. K. Mishra to supply the information sought by appellant Shri Esakkimuthu in accordance with sec. 7(1) of the RTI Act 2005, and within the provisions of the Act,who decided [CIC/WB/A/2007/00758 dated 16.7.2008] as follows: “In our Decision in File No. CIC/WB/C/2007/00104 & 105 JC Talukdar vs. CE(E), CPWD, Kolkatta the Commission has directed that “application/Appeal from an Association or a Partnership Firm or a Hindu Undivided Family or from some other Group of individuals constituted as a body or otherwise should be accepted and allowed”. Whereas in this case an individual who by his own submission in the first appeal has only provided his designation has filed the RTI application, hence the provision of Section 3 cannot be applied in this case in any manner. “
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