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RTI >> Judgments >> Supreme Court >> Public Authority
High Courts(Public Authority)/ CIC(Public Authority)
1 Writ Petition (Civil) No.194 OF 2012
(4.20 MB) pdf icon
20 Mar, 2018 Common Cause Vs. High Court of Allahabad & Anr.

Brief facts of the judgment
Challenge in these set of writ petitions is to the Rules framed under Section 28 of the Right to Information Act, 2005 (in short “the Act”).

Decision of Supreme Court
First objection of the petitioners is that the charges for the application fee and per page charges for the information supplied should be reasonable.

We are of the view that, as a normal Rule, the charge for the application should not be more than Rs.50/- and for per page information should not be more than Rs.5/-. However, exceptional situations may be dealt with differently. This will not debar revision in future, if situation so demands.

Second objection is against requiring of disclosure of motive for seeking the information. No motive needs to be disclosed in view of the scheme of the Act.

Third objection is to the requirement, in the Allahabad High Court Rules, for permission of the Chief Justice or the Judge concerned to the disclosure of information. We make it clear that the said requirement will be only in respect of information which is exempted under the scheme of the Act.

As regards the objection that under Section 6(3) of the Act, the public authority has to transfer the application to another public authority if information is not available, the said provision should also normally be complied with except where the public authority dealing with the application is not aware as to which other authority will be the appropriate authority.

As regards Rules 25 to 27 of the Allahabad High Court Rules which debar giving of information with regard to the matters pending adjudication, it is clarified that the same may be read consistent with Section 8 of the Act, more particularly sub-section (1) in Clause (J) thereof.

Wherever rules do not comply with the above observations, the same be revisited as our observations are based on mandate of the Act which must be complied with.

2 Civil appeal No. 9017 of 2013
(326.17 KB) pdf icon
07 Oct, 2013 Thalappalam Ser. Coop. Bank Ltd. and others Versus State of Kerala and others

Final Decision:nnHon'ble Supreme Court held that:n"The Co operative Societies registered under the Kerala Co-operative Societies Act will not fall within the definition of “public authority” as defined under Section 2(h) of the RTI Act and the State Government letter dated 5.5.2006 and the circular dated 01.06.2006 issued by the Registrar of Co-operative Societies, Kerala, to the extent, made applicable to societies registered under the Kerala Co-operative Societies Act would stand quashed".
Total Case uploaded: 2