1. The appellant authority filed RTI request seeking information about the details of the storm which hit the city of Bilaspur in May 2016.The CPIO replied that the disclosure of information does not come under the purview of RTI Act but the information/statistics could be provided by charging some fee as prescribed by Indian Meteorological Department. Being dissatisfied with the reply, the appellant approached this commission.
Decision:
2. The officer stated that the information sought was available, however, they had demanded fees as prescribed by Indian Meteorological Department.
3. The officer cannot deny the information sought quoting their own rules (of Indian Meteorological Department) in violation of the provisions of RTI Act as it supersedes any other law. Section 22 of RTI Act reads:
“22. Act to have overriding effect—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act”
4. When the citizen applicant has another remedy/recourse available for information along with the RTI, the CPIO cannot direct the appellant to use the other course for information. It amounts to denial. If the public authority has its own rules to provide access to information, it can surely adopt the same and provide; but when such access is more cumbersome or costly, those rules get overridden by RTI Act, 2005.
5. The Commission directs the respondent authority to provide the information sought by the appellant, within 15 days from date of receipt of this order, free of cost. Disposed of.