Exposing the Department of Personnel & Training’s (DoPT) Systematic Failure to Uphold the RTI Act: A Citizen’s Battle for Transparency

The Department of Personnel & Training (DoPT) is supposed to be the nodal ministry for the Right to Information Act (RTI), 2005 — entrusted with ensuring that all government bodies comply with transparency laws, empowering citizens with their fundamental right to information.

Yet, the stark reality is a blatant disregard for Supreme Court and High Court rulings that clarify and strengthen RTI implementation, particularly on:

  • Legal competence of First Appellate Authorities (FAAs)
  • Duties of Central Public Information Officers (CPIOs) to provide information “held under control”
  • Obligation to collate and provide information even if not stored in one place

 

Landmark Judgments That DoPT Continues to Ignore

1. Namit Sharma v. Union of India (2012)

The Supreme Court made it clear that FAAs must possess legal acumen to effectively adjudicate appeals under the RTI Act. Despite a subsequent review in 2013 that did not overrule this, DoPT has failed to issue any guidelines or enforce standards ensuring FAA competence.

“The Information Commission is a quasi-judicial body and the FAA is a quasi-judicial authority — legal knowledge is indispensable.”
— Namit Sharma v. Union of India, (2012) 1 SCC 745

 

2. CBI v. Subhash Chandra Agarwal (2020)

The Supreme Court expanded the definition of “information held” to include not only physically held data but also any accessible information under the authority of a public office. This means CPIOs cannot deny information simply because it is not compiled or stored at a single location.

“Information ‘held by or under the control of’ a public authority must be furnished irrespective of its physical storage.”
— CBI v. Subhash Chandra Agarwal, (2020) 5 SCC 481

 

3. Govt. of NCT of Delhi v. Prabhjot Singh Dhillon (2024)

The Delhi High Court ruled emphatically that denying information on the ground of collation difficulty is illegal. Public authorities must collate the information and provide it to the requester.

“The fact that the information might not be available at one place cannot be a reason to deny such information. Efforts must be made to collate and provide the information.”
— Delhi HC, May 2, 2024

 

DoPT’s Inaction: A Deliberate Sabotage of Democracy

Despite these clear mandates, the DoPT has:

  • Not issued any circulars or instructions to ensure FAAs have legal knowledge or training.
  • Failed to enforce or clarify the CPIO’s duty to collate and provide information, ignoring judicial directions.
  • Allowed public authorities to continue denying information on technical grounds contrary to law.

Such willful non-compliance amounts to:

  • Breach of the RTI Act (Section 4(1)(c)), which mandates proactive disclosure and dissemination of legal interpretations.
  • Disobedience of court orders, inviting sanctions under the Bharatiya Nyaya Sanhita (BNS) 2023.
  • Breach of public trust under criminal provisions like Section 303, BNS 2023.
  • Potential abuse of official position under the Prevention of Corruption Act, 1988.

 

Why This Matters

Every denial weakens India’s constitutional democracy and erodes the citizen’s right to participate in governance. The DoPT’s failure is not just administrative negligence — it is an active, systemic throttling of transparency.

As a citizen who fought to expose this, I urge:

  • Immediate DoPT action to implement and enforce these judicial mandates.
  • Public clarification and training for all RTI functionaries on legal duties.
  • Accountability measures for non-compliance.

 

Conclusion

The Right to Information is democracy’s lifeblood. It requires vigilant custodianship — not obstruction.

The DoPT must stop undermining the law and the people’s right to know.

 

 

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