RTI FLASH 4
'File notings' are to be taken as 'information' as defined in Sec 2 (f) of the RTI Act 2005 and so can't be denied if requested under RTI.
In this case the original petitioner (Ms.R.S.Khan) was awarded a penalty of 'censure' in the disciplinary proceedings (DP) of the Controller general of Defense Accounts (CGDA). Aggrieved by the penalty imposed on her, she invoked the RTI Act and requested information in respect of matters related to the DP. Her request was rejected by the PIO and the First Appellate Authority of CGDA. The CIC which heard her appeal allowed her request and ordered disclosure of the information that included file notings.
Against this order the Union of India approached the Delhi High Court wherein Ms R.S. Khan became the Respondent.
The court expressly lashed out at the Central Govt. Stand that 'file notings are in the form of views and comments expressed by various officials and these do not come under 'information' as defined in Sec 2 (f) of the Act.'
The court held that there is no specific exemption under the RTI Act for 'file notings' against disclosure. It concurred with the CIC and confirmed the order for disclosure of file notings.
This is the earliest leading case in the matter of disclosure of 'file notings.'
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