RTI File Notings, a Secret Vigilance Note and One Frightened Colleague
An application dated 3 March 2025 is received in the Public Information Officer's office on 4 March 2025. It seeks (i) certified copies of all file notings and internal correspondence concerning the applicant's transfer from the Record Room to the Filing Section; (ii) the names and designations of officers who recorded adverse comments; and (iii) the action taken report. The file contains a note by the Section Officer recording repeated late attendance, a medical certificate enclosed by the applicant, a vigilance note marked 'secret' concerning a preliminary verification that is still open, and an email from another employee who says he will face harassment if his name is disclosed. The PIO asks whether the whole application should be rejected under Section 8(1)(j) because the file is 'service-related and confidential'.
1. Compute the last date for the reply and state what follows if it is missed.
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The 30-day period under Section 7(1) of the Right to Information Act, 2005 runs from receipt by the PIO, that is from 4 March 2025, not from the date the applicant signed.
4 March + 30 days = 3 April 2025. If the PIO is the appellate authority or receives the application through another officer, the clock still starts at the PIO's receipt; internal forwarding delays are the office's problem, not the applicant's.
If the date passes without a reply, the request is deemed refused under Section 7(2), and the applicant may file a first appeal within 30 days. The PIO then also faces the Section 20 consequences: a penalty of Rs 250 per day up to Rs 25,000 for delay without reasonable cause, and possible disciplinary action. Note that the 40-day outer limit applies only where Section 11 third-party procedure is invoked, and even then it does not permit an unexplained delay in issuing the Section 11 notice.
2. Decide what may be disclosed and what may be withheld, applying severability.
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Rejecting the whole application is wrong; the exemption must be applied item by item.
- File notings and correspondence on the transfer: disclose. Notings recording official reasons for an administrative act are part of the decision-making record, and the applicant is the person affected. 'Service-related' is not an exemption.
- Names and designations of officers who recorded adverse comments: disclose. Public servants acting in an official capacity are not protected by Section 8(1)(j); the comments are the basis of an action taken against the applicant.
- Medical certificate: withhold under Section 8(1)(j), since it is personal health information with no public interest in disclosure, but do not delete the fact that it was on file and considered.
- Vigilance note: the word 'secret' does not create an exemption. Examine whether it relates to an open disciplinary inquiry, in which case Section 8(1)(h) may apply while the inquiry is pending; once it concludes, disclose after redaction.
- Colleague's email: Section 11 procedure applies. Issue notice within 5 days, invite his representation within 10 days, and decide within 40 days. Even then, his identity may be severable under Section 10 while the substance of the allegation is disclosed.
Every withholding must be supported by a written reason and a note of what was severed.
3. Draft the operative paragraph of the reply, in four lines.
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'Certified copies of the file notings and correspondence relating to the transfer of the applicant are enclosed. The names and designations of the officers who recorded the comments are disclosed, as the comments were recorded in official capacity. The medical certificate on file and the identity of the employee whose communication is referred to in the file are withheld under Sections 8(1)(j) and 11 read with Section 10, the remaining contents of that communication being disclosed in redacted form. The vigilance note is withheld under Section 8(1)(h) while the preliminary verification is pending, and will be reconsidered on its conclusion.'
The paragraph names each item, names each provision, and states the reason in the reply itself rather than only in the file. It also fixes the date on which the withheld material will be reconsidered, which is the part appellate authorities scrutinise most closely.