Can't determine correctness of information supplied under RTI proceedings: Delhi HC

New Delhi: A central public information officer is only required to supply all the information within his access to an RTI applicant and whether such information is incorrect cannot be considered or determined under RTI proceedings, the Delhi High Court has held.

A bench of Acting Chief Justice Manmohan said disputes with respect to the correctness of information provided under the Right To Information (RTI) Act or any other controversy cannot be adjudicated in proceedings under the transparency law.

The court's order came on an appeal filed by an RTI applicant who claimed he was supplied with 'wrong information' by a central public information officer (CPIO).

"It is clear that dispute as regards the correctness of information provided under the RTI Act, or any other dispute or controversy, cannot be adjudicated in proceedings under the RTI Act. The CPIO is only required to supply all the information/documents within his access," the bench, also comprising Justice Mini Pushkarna, said in a recent judgement.

"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. In view of the aforesaid discussion, this Court finds no merit in the present appeal. The same is accordingly dismissed," it said.

The appellant had challenged an order of a single judge of the high court refusing to interfere with a decision of the Central Information Commissioner rejecting his grievances with respect to alleged incorrect information.

The appellant had filed an application in 2017 under the RTI Act seeking his service record from the National Book Trust.

He contended that the Central Public Information Officer (CPIO) knowingly provided erroneous information to him that he worked with the National Book Trust since December 15, 2008 when the fact was that he was working there since 2001.

The court said under the Act, information to be provided under the RTI Act includes various records, documents, circulars etc. which can be accessed by the “Public Authority” and the responsibility of the CPIO is discharged under the RTI Act upon providing all such information and documents.