Adding new grounds for rejection of the RTI application

The appellant sought the details of employees appointed under the Reserved Quota in the Assistant Grade-III cadre in the Food Corporation of India in a specific proforma. The PIO replied that an information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question and denied the information. Before the CIC, the Respondent submitted that the appellant sought information about SC/ST/OBC employees in Assistant Grade III Cadre from 2021 to 2024 along with their verified caste certificates in a tabular format given by him. The respondent submitted that there are around 6000 employees in their department and the compilation of the sought information in desired format would disproportionately divert the resources of the public authority. Hence, the aforesaid information was denied U/s 7(9) of the RTI Act. During the hearing, the respondent additionally pleaded that the caste certificates of the employees are exempted U/s 8(1)(j) of the RTI Act. On query by CIC whether the respondent confirms for placing on record his plea for exemption U/s 8(1)(j) of the RTI Act as the same was not earlier mentioned in reply of the CPIO, the respondent confirmed. The CIC observed that the respondent gave an appropriate reply to the appellant. The CIC held that the respondent has pleaded additional grounds that the sought information is exempted U/s 8(1)(j) of the RTI Act during the hearing, and the same is also found to be appropriate. The CIC rejected the appeal.

Comments

Additional grounds which were not considered earlier can be asserted during the hearing before the CIC. Even the grounds for rejection of the information can be changed withdrawing the earlier clause and replacing it by a new one.

Citation:Yashwant Rao Hedau v. Food Corporation of India, File No: CIC/FCIND/A/2024/640832; Date of Decision: 23.01.2026

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com