Inspection of Records is prerogative of applicant:

Inspection of Records is prerogative of applicant:

Khemchand Vs National Commission for Scheduled Castes

 

Further, learned FAA, vide his order dated 14.03.2016, disposed of the FA by requesting the appellant to have the inspection of the relevant records and pin point the required documents of which the photocopies are needed..

4. It is worth to mention here that as per section 2(j)(i) of the RTI Act 2005, the right of inspection of relevant record vested with the appellant and not with the respondents. As such, if the respondents are insisting of any applicant to have the inspection of the relevant record that is not legally tenable. However, it is having a legal force in viceversa situation.

5. Further, in the present case, appellant has not requested the respondents for allowing him the inspection of the records. As such, CPIO’s response dated 27.01.2016 and Learned FAA’s order dated 14.03.2016, deserve to be quashed and set aside. Therefore, these are hereby quashed and set aside being not legally tenable. Thus, the respondents are under legal obligation to provide the required information to the appellant on his RTI application dated 03.12.2015.

 

File No. CIC/NCFSC/A/2016/306702/KY