Who Can File RTI and Who Cannot? Clear CIC Decision Explained
The Right to Information Act, 2005 (RTI Act) is one of the most powerful laws in India for ensuring transparency and accountability in government functioning.
However, over the years, RTI has often been misunderstood and misused for personal, professional, and private disputes.
A recent and important decision of the Central Information Commission (CIC), New Delhi has clearly explained who is legally entitled to file an RTI application and who is not.
This clarification is extremely important for citizens, advocates, contractors, service employees, and even couples dealing with Court Marriage and administrative matters.
Objective of the Right to Information Act, 2005
The primary purpose of the RTI Act is to empower citizens to seek information from public authorities.
It aims to promote transparency, accountability, and good governance.
RTI was never intended to become a tool for personal disputes, professional gain, or private litigation strategy.
The CIC decision reinforces this fundamental principle of the RTI framework.
Case Background: Paramjeet Yadav vs Central Public Information Officer
The case discussed is Paramjeet Yadav vs Central Public Information Officer (CPIO), decided by the Central Information Commission, New Delhi.
In this case, the appellant was a practicing advocate who filed an RTI application seeking extensive information related to a government contract connected with his brother.
Nature of Information Sought Through RTI
The RTI application sought wide-ranging information, including:
- Tender process and newspaper advertisements
- Quotations received and official registers
- Appointment, designation, and service records of officials
- Salary details, allowances, and property disclosures
- Blacklisting orders and inspection reports
Many of these details involved personal and private information of third parties.
Reply of the CPIO and Application of Section 8(1)(j)
The Central Public Information Officer replied that:
- Permissible information under the RTI Act had already been provided
- Certain details were exempt under Section 8(1)(j) of the RTI Act
- Personal and private information cannot be disclosed without overriding public interest
Section 8(1)(j) protects individual privacy and prevents misuse of RTI for personal intrusion.
Appeal Proceedings Before the CIC
Being dissatisfied with the reply, the appellant filed a first appeal and later a second appeal before the CIC.
During the hearing, the appellant did not appear, and the matter was decided based on records and submissions of the public authority.
The Commission carefully examined whether the RTI application was filed in accordance with the spirit of the RTI Act.
Can an Advocate File RTI on Behalf of Someone Else?
This was the most crucial legal issue in the case.
The CIC clearly held that:
- Any advocate can file RTI only in their personal capacity as a citizen
- An advocate cannot file RTI on behalf of a client, relative, or third party
- RTI cannot be used as a professional tool to collect information for litigation
The brother of the appellant could have filed RTI himself, but filing it through an advocate was legally impermissible.
Reference to Madras High Court Judgment
The CIC relied upon the landmark judgment of the Madras High Court in N. Sarvanan vs Chief Information Commissioner.
The High Court categorically held that allowing advocates to file RTI on behalf of clients would defeat the purpose of the RTI Act and turn it into a professional weapon.
RTI is meant for personal use by citizens, not for promoting legal practice.
Final Findings of the Central Information Commission
The Central Information Commission concluded that:
- The RTI application was filed for a private commercial dispute
- The CPIO’s reply was legally correct and compliant with the RTI Act
- There was no infirmity or illegality in the response
However, in the spirit of transparency, the CIC directed the CPIO to provide copies of written submissions to the appellant free of cost.
Key Takeaways for Citizens and Professionals
This decision provides important legal clarity:
- RTI is not a remedy for every dispute
- RTI should not be used for personal, family, or professional conflicts
- Personal information is protected under the law
- Improper RTI applications are likely to be rejected
Understanding these limits saves time, effort, and unnecessary litigation.
RTI, Court Marriage, and Administrative Matters
Many people attempt to use RTI in matters related to Court Marriage, service issues, or administrative grievances.
While RTI may help in limited situations, it is not a substitute for proper legal remedies such as appeals, representations, or court proceedings.
Correct legal guidance is essential before choosing RTI as a course of action.
How Delhi Law Firm Can Help
Delhi Law Firm focuses on providing accurate legal guidance and awareness.
We handle RTI matters, administrative law cases, civil and criminal disputes, and Court Marriage matters across India.
Taking the right legal step at the right time helps avoid unnecessary rejection and delays.
Conclusion
The Right to Information Act remains a powerful tool for transparency, but it must be used responsibly and lawfully.
The CIC decision in Paramjeet Yadav vs CPIO clearly defines the boundaries of RTI usage.
Before filing RTI or taking any legal step related to RTI, administrative law, or Court Marriage, seeking expert legal advice is the safest and most effective approach.
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