BCAS Foundation jointly with Public Concern for Governance Trust (PCGT) released the publication on 26th June, 2012 at Kitab Khana, Mumbai at the hands of Ratnakar Gaikwad, State Chief Information Commissioner. The publication is the result of joint efforts by Ambrose Jude D’Cruz, Anil K. Asher, Advocate and Notary and Narayan K. Varma, Chartered Accountant.
Also present at the occasion were Pradip Thanawala and Pradeep Shah, Trustees, BCAS Foundation and Julio Ribeiro, Chairman, PCGT along with other well-wishers of BCAS Foundation and PCGT.
The publication will help the RTI applicants/activists to better equip themselves and will benefit the society at large. The book is available for sale at BCAS office. L to R: Ambrose Jude D’Cruz, Pradip Thanawala (President), Ratnakar Gaikwad (State Chief Information Commissioner), Julio Ribeiro, Pradeep Shah and Anil Asher.
In March 2010 two NGOs viz. Public Concern for Governance Trust and BCAS Foundation published a book under the title ‘Right To Information – A Route To Good Governance’. All 2,000 copies printed are exhausted. I have a desire to revise the same and publish a revised and an enlarged edition of it, especially because the book is being appreciated by many who went through the same. However, due to my ill health since last ten months, I have not been able to progress on it. Hopefully, I shall soon do it. Many citizens are filing applications under the RTI Act. As PIOs and FAAs are still reluctant to part with the information, many Second Appeals are being filed before the CIC and SCIC. Many aspects of the law are not settled. Important law points are referred to a full bench for decision. Thus these decisions have a persuasive value. Hence in the meantime, above two NGOs decided to publish this “Digest of Full Bench Decisions of CIC”.
Idea to publish this Digest was given to me by RTI activist and The Central Information Commissioner, Mr. Shailesh Gandhi. We then requested Mr. Ambrose Jude D’Cruz, Government Law College student to prepare this digest. He has taken lot of pain and had lot of interaction with Mr. Anil K. Asher and me. Finally he handed over the text for publication early this month. Mr. Anil K. Asher, advocate and RTI activist who, with his sister, Mrs. Hema Sampat and Narayan Varma runs RTI Clinic at BCAS on the 2nd, 3rd and 4th Saturday every month since 2004, has thoroughly gone through the text, given good comments and revised text, drafted Head notes and notes wherever necessary.
I have glanced through the text more than twice and final copy and prepared the contents. Full Bench decisions have been digested in a simple manner for easy understanding. An attempt has been made to compile these decisions for better appreciation of the provisions of the RTI Act. Where any party has filed writ petition in High Court / Supreme Court suitable note at the end of the case digested has been added. Any reader who may like to peruse the relevant full decision may do so on website www.cic.gov.in as per case reference given at the end of each case.
51 Decisions of full bench of CIC delivered from 2007 to 2011 have been digested in this publication. There is not a single F.B. decision on CIC website in 2012 till this date. We have also digested one full bench decision of Maharashtra State Information Commission, [Case No.52] wherein a very important law point was raised before the Maharashtra State Information Commission.
On CIC website there are 60 decisions listed. 9 of them are not digested here for the reasons printed elsewhere in this publication. Thus, digested cases number 52.
Playing cards have 52 cards (excluding Jokers). Our number of Digest of CIC decisions is also 52. But these are not playing cards, these are “paying” cards (decisions). On behalf of two NGOs and myself, we record our appreciation to Mr. Ambrose D’Cruz and Mr. Anil K. Asher for the pains taken by them to prepare this Digest of CIC’s Full Bench decisions. As noted by Mr. Shailesh Gandhi, the decisions of Full Bench of CIC shall have lot of persuasive value to the RTI applicants for submissions before PIO, FAA and the Commissioner. Each decision appears on fresh page.
Blanks at the end of many decisions may be used to update by the readers for making Notes. In case if any decision is confirmed or reversed by the courts subsequently, same may be noted.
We are confident that this publication will be useful not only to the RTI activists, Public Information Officers and First Appellate Authorities and various Public authorities, but also to Information Commissions in proper understanding of the various provisions of the Right to Information Act and quick disposal of the cases. Suggestions and opinions will be highly appreciated and duly acknowledged. We shall feel amply rewarded if the publication containing the digest of full bench decisions of the CIC succeeds in changing the mindset of Indian bureaucracy and help RTI activists in guiding the citizens in procuring the information. I am happy to note that both NGOs publishing this book have agreed to fix price to cover the cost incurred by them. I hope this book enhances the achievement of RTI objectives. R2i jai ho! Narayan Varma
Message of Shailesh Gandhi, Central Information Commissioner
PCGT and BCAS are two of the leading organizations which have consistently supported Right to Information. I congratulate them on coming out with a very useful publication for all RTI users. They are publishing the digest of full bench decisions of the Central Information Commission, which could prove a very useful reference for users and Information Commissioners. Decisions given by Information Commissions have great persuasive value. RTI users could use these to persuade PIOs, First Appellate Authorities and Commissions to part with information. Full bench decisions of the Commission are generally accepted when they define certain principles, and over the next few years we will have built enough precedence in favour of transparency. I am aware Shri Narayan Varma has put in a lot of his commitment and time to getting this project together. He is one of the stalwarts of the RTI movement. I wish this project all success and am sure we will see many more useful contributions from PCGT and BCAS to further RTI. Love Shailesh All my emails are in Public domain. Mera Bharat Mahaan…Nahi Hai, Per Yeh Dosh Mera Hai.
Message of Ratnakar Gaikwad, State Chief Information Commissioner
I am extremely happy to know that PCGT and BCAS Foundation are to release publication “Digest of FULL BENCH DECISIONS OF Central Information Commission” on 26th June, 2012. Undoubtedly, PCGT and BCAS Foundation have been doing pioneering work in the spread of RTI. Since, there are still many grey areas in RTI, it is in fitness of things that a publication containing Digest of FULL BENCH DECISIONS OF Central Information Commission is being released. This publication I am sure it will go a long way in throwing light and bringing clarity on many issues for various stake holders in the field of RTI. I would like to place record my high appreciation for the tremendous contribution being made by Shri Narayan Varma, and it is mainly due to his initiative that this project has materialized. I wish this unique initiative all the success and look forward to many such initiatives and contributions from PCGT and BCAS in the field to RTI. n
