The CIC's Betrayal: How Bureaucracy Undermines the Supreme Court, Democracy, and Every Citizen

By: Rajnish Ratnakar Founder – RTI & Public Grievance Warriors of India

The Central Information Commission (CIC), envisioned as a watchdog for transparency, appears to be increasingly shielding lawbreakers and undermining the very foundations of our democracy. A recent decision by Information Commissioner Vinod Kumar Tiwari exemplifies a disturbing shift from empowering citizens to obstructing justice, directly impacting the rights of ordinary people and the sanctity of Supreme Court judgments.

The Case at Hand: Denying Justice to Anganwadi Workers

My RTI application to the Ministry of Women and Child Development (MoWCD) sought crucial information regarding their awareness and implementation of the Supreme Court's 2022 judgment in

Maniben Mangabhai Bhariya, which unequivocally entitles Honorary Anganwadi Workers to gratuity under the Payment of Gratuity Act, 1972. I simply asked for:

  • Confirmation of awareness
  • Source of information
  • Crux and consequences of the judgment
  • Action taken
  • Details of implementation

The case file number for this matter is

CIC/MOWCD/A/2023/640594. The RTI was filed on June 9, 2023 , with the CPIO's reply on July 10, 2023. The First Appeal was filed on July 9, 2023 , and the FAA Order was issued on July 12, 2023. The CIC Decision Date, by Information Commissioner

Vinod Kumar Tiwari , was

Post 29.11.2024.

However, the CIC, under Vinod Kumar Tiwari, denied this RTI, bizarrely labeling it “interpretative” and “outside Section 2(f)”. The decision cited

Rananjay Singh vs Customs (2023) to justify its refusal , completely ignoring Article 141 of the Constitution, which makes Supreme Court judgments binding on all. Shockingly, I was even accused of filing “too many RTIs” — as if seeking justice is harassment.

What the CIC Willfully Ignored:

  • The judgment applies nationally, not just to Gujarat.
  • Gratuity is a statutory right, not a discretionary benefit.
  • RTI queries were about existing records, not opinions.

A Stark Contrast: Gandhi's Legacy of Transparency

This restrictive approach stands in stark contrast to the legacy of former Information Commissioner Shailesh Gandhi. In the 2009

T.B. Dhorajiwala vs IIT Bombay

case (Decision No. CIC/SG/A/2008/00347+00277/1554, dated February 9, 2009) , Gandhi's ruling affirmed that the RTI Act does not prohibit questions prefixed with “why,” “what,” “when,” or “whether”. He emphasized that if information exists in records, it

must be disclosed , and PIOs cannot impose non-existent restrictions on how queries are framed. His principle was clear: “substance over form” – if it’s a record, it’s information — regardless of phrasing. This judgment remains valid and unrepealed, standing as the oldest and most citizen-centric interpretation of Section 2(f).

The Unmistakable Shift: From Empowerment to Evasion

The table below starkly illustrates the alarming shift:

Gandhi’s Legacy

Tiwari’s Approach

Empowered citizens

Accused citizens of harassment

Interpreted RTI liberally

Interpreted RTI restrictively

Focused on access to records

Focused on shielding ministries

Defended queries with prefixes

Rejected queries as speculative

Export to Sheets

This is an unmistakable shift: from transparency to obstruction, from empowerment to evasion.

Legal and Ethical Violations: A Threat to Our Constitution

This decision by the CIC is not merely a bureaucratic oversight; it represents severe legal and ethical violations:

  • Tampering with evidence of non-compliance with a Supreme Court judgment.
  • Shielding MoWCD from constitutional accountability.
  • Violating Article 14 & 21 by denying dignity and equality to 25 lakh women workers.
  • Raising concerns of

possible corruption under Sections 7 & 13 of the Prevention of Corruption Act.

  • Providing clear

grounds for removal of the Information Commissioner under Section 14 of the RTI Act.

When a body like the CIC, meant to uphold the right to information, actively works to sabotage Supreme Court judgments and Article 141, it jointly weakens democracy and adversely affects every citizen in India. This isn't just about a single RTI; it's about the erosion of the rule of law and the fundamental rights of millions.

Join the Struggle!

  • “A Supreme Court Judgment Is Not a Suggestion!”
  • “Gratuity Denied — Justice Denied — CIC Must Answer!”
  • “RTI Is Our Weapon — Not a Bureaucrat’s Shield!”
  • “Restore Rule of Law — Remove the Complicit!”

Read the full exposé and mobilize for justice: 🔗

rtiandpublicgrievancewarriorsofindia.blogspot.com/2025/07/when-power-evades-accountability.html

 

 

 

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