Can PIO/CPIO ask for The Proof of Citizenship from the Information Seekers.

[DS Jolly]

In a specific case, a colleague of mine sought information (under RTI) .... the PIO did not furnish the desired information.. after 28 days he emailed my colleague and mentioned:

"I would like to inform you to provide the information in the Application Proforma for the Information Seekers is available at the Institute website and The requirement of Self Attested Photograph and the Proof of Citizenship is a must for the Information Seekers.

Please send the above information at the earliest, so that your application can be processed."

Can a PIO/CPIO stay away from providing information on the pretext cited above.
I welcome your views on this matter - and what can be done against such PIOs/CPIOs?

Thank you.

[sarbajit]

Sponsorer

In a specific case, a colleague of mine sought information (under RTI) .... the PIO did not furnish the desired information.. after 28 days he emailed my colleague and mentioned:

I would like to inform you to provide the information in the Application Proforma for the Information Seekers is available at the Institute website and The requirement of Self Attested Photograph and the Proof of Citizenship is a must for the Information Seekers.

Please send the above information at the earliest, so that your application can be processed.

Can PIO/CPIO stay away from providing the desired information the pretext cited above (raising the need for proof etc)?

I welcome your views on this matter.
Thank you.

Hi

There are quite a few decisions on this matter in specific cases (which I prefer to ignore) but I shall confine myself to
the language of the Act.

1) The "applicant requesting the information" shall not be REQUIRED to give any personal information other than that used to contact him.

2) The Act provides that right to information is available to all citizens (subject to provisions of the Act).

3) The Act provides that right to information is only available within the territory of India (excluding J&K).

So yes, the CPIO can DEMAND proof of citizenship IF HE INTENDS TO DISCLOSE INFORMATION to a section
6(1) application. He should not do so ARBITRARILY - but apply his mind.

To save time (and protect their PIOs), sensitive public authorities can REQUEST applicants to provide their citizenship proof
along with their RTI requests.

Also, certain States have prescribed the format / forms of RTI requests to be submitted in. This is permissible under the Act. So there is no general answer to your query. You must be specific about which PIO / PA gave your friend that reply.

Please read between the lines here :-)

[DS Jolly]

Dear Sarbajit ji

I thank you for your response.
The PIO at National Institute of Engineering, Jalandhar asked for the proofs etc. (mentioned in my query).

Grateful if you could help my friend to read between the lines too

waiting...

Rgds
Jolly

[DineshK]

In some of the decisions the CIC has ruled that proof of citizen can be asked by some authorities like Indian Army etc but not in normal circumstances. Let the information not be delayed for this simple reason.

I was asked once to submit proof in one such case by an Army CPIO. I provided the proof but also filed another application asking citizen proof of CPIO, proof of his nomination as CPIO, his qualification etc.

PIO called me up at my mobile to apologize for that.

[jps50]

I could not locate website of NIE Jalandhar. However if it is a Punjab Govt entity then you may use format as per Punjab RTI Rules which are available at Rules

If it is central govt institute, then there is no proforma for application and you need to mention your name, address, information required and details of filing fee of Rs.10. For common use I have devised format as per latest amendment to rules w.e.f. 31-07-2012 which can be used by you. Please refer:

Central Govt. application:
http://www.rtiindia.org/forum/blogs/...govt-info.html

Make effective:
http://www.rtiindia.org/forum/blogs/...effective.html

As for proof of citizenship PIO can ask for it, if he has reasons to doubt your citizenship. RTI is available to Indian citizens only.

You may resubmit RTI accordingly with proof of citizenship [like voter card, ration card, adhar card, etc] in prescribed format.

I would suggest that you file one more RTI application to same PIO, enclosing copy of his email and old RTI application seeking following information:

1. Reasons on record to doubt and seek proof of my Indian citizenship [section 4.1.d]

2. Please provide me certified photocopy of proof of citizenship of PIO who sought proof of my citizenship as per email dated ______,held by the public authority viz NIE Jalandhar

3. Number of RTI applications for which certified proof of citizenship was sought for last 5 years ending 31-07-2012 by the above PIO

4. File notings on enclosed RTI application dated _____ [which is held up for citizenship by said PIO]

5. Reasons on record for insisting prescribed format violating office memorandum of DoPT, Govt of India No. F.No./1/2/2007-IR dated 27-03-2007 available on website of DoPT. [section 4.1.d]

You may mail both RTIs in one envelope. Such practice has to be stopped so that PIO does not unnecessarily harass information seekers in future.

I add:

Hon’ble Central Information Commission, New Delhi have decided similar issue/cases in Mr Ajit Kumar Vs Llit Kala Akademi (CIC/AD/C/09/00429 dated 08.06.2009) and Sh K. Balakrishnan Pillai Banglore Vs National Human Rights Commission (CIC/OK/C/2008/0016 dated 26.08.08) wherein the Public Authority were warned for exercising dilatory tactics and harassing the information seeker by asking him to prove his citizenship

As for format I enclose Office Memorandum of Govt of India dated 23-03-2007. Please refer para 4. OMs of Govt of India are applicable to State Govts also in the matter of RTI.

In Gujarat RTI Rules 2010 format is provided but it is also mentioned that format is not compulsory if name, contact details and filing fee details are available in application.