Information tossed between two government organization

[nile0611]

I am residing in Government colony we usually don’t receive water regularly, sometime there is no water supply for 5 to 6 days. On taking the up matter under RTI . I received the reply from the PIO of my organisation, “that the water supply from the municipal corporation is less and irregular�.After receiving reply from PIO of my organisation, I took the same matter with the MUNICIPAL CORPORATION, I also made the reference of the reply which I have received by PIO of my organisation and the copy of the same was also attached, the following question were raised by me and I received the vague answer for the same which made me really upset.


1) Why the water supply to the Government colony is irregular and less. Ans. This does not fall under “Information� as per Right to Information Act. 2) The Government colony receives water from which pumping station. And the details and name of all the areas which are falling under the jurisdiction of that particular pumping station. Ans. Government colony premises are not supplied water by MUNICIPAL CORPORATION through pumping station. Therefore, second part of the question is not applicable. 3) Whether entire area falling under the jurisdiction of the above referred pumping station receives irregular and less water supply. (i) If yes why? (ii) If not why only Government colony receives irregular and less water supply? Ans. In view of the above, this question is not applicable. 4) Please give me details figures in unit of water supply given in last 18 months from the above referred pumping station. Ans. In view of Sr.no 2, this is not applicable.

I am still wandering under which section or rule the PIO MUNICIPAL CORPORATION has given me the reply that “This does not fall under ‘Information’ as per Right to Information Act. � To my question no. 1, “Why the water supply to the Government colony premises is irregular and less�. I am planning to appeal what should be my question what further I should do, Please help me as I am deprived from the basic amenities.

[brijeshbhatt]

Answers by Muncipal Corporation to yor querry are not justifiable. It seems that they are trying to evade answering your querries. I think you should file an appeal against this decision. Muncipal Corporation is infact trying to mislead you by giving such evasive reply.

[kushal]

Yes, the municipal corporation was right when they replied with the answer "This does not fall under “Information� as per Right to Information Act". You cannot ask for opinion/views from the PIO . Only the information which is available in the form, can be provided by the information Officer . In the Decision No.285/IC(A)/2006 of Central Information Commission, F. No.CIC/MA/A/2006/00653, Dated, the 20th September, 2006 :

In its oft-repeated decisions, the Commission has advised the information seekers that they ought not seek the views and comments of the CPIO on the questions asked by them. Yet, in the garb of seeking information mainly for redressal of their grievances, applications from requesters are filed. The CPIO ’s in turn, have also ventured to answer them. Thus, the information seekers as providers have erred in interpreting the definition of information .

A CPIO of any public authority is not expected to create and generate a fresh, an information because it has been sought by an appellant. The appellant is, therefore, advised to specify the required information , which may be provided, if it exists, in the form in which it is sought by him.

You can ask these questions:

1. How is the water supplied to Government Quaters?
2. Who is the incharge of water supply in these Government Quaters?
3. Are there 'any type of' record been maintained at 'any' Office regarding quantum of water supply to these quaters? If yes, then who maintains the record and who supervise and monitor these records. Also supply me the photocopy of the records, and if not possible give me date and time to inspect those records.
4. How much units of water has been supplied to my house no..... from the past 1 year?

Under Right to Information Act 2005, CPIO has the power to revise his decision and thus you can ask for revision of the information provided by the CPIO .

Offcouse as Brajesh said, the CPIO cannot refuse information as one of the parameter was not met in asking the information . The very purpose of the act is defeated. If the appeal is preferred by you, the CPIO would have hard time explaining his stand.

[maneesh]

Under RTI only the information can be supplied based on that remeady can be sought from the other department. As earlier in the first place the details were not available.

[ganpat1956]

Thank you Mr Kushal for enlightening the general public on how to frame the right type of questions, when they seek information under RTI Act

[nile0611]

Thanks Kushal, Brijesh, Maneesh, Ganpat for your valuable quote,
previously I was really very upset, now i feel better.
Thanks.......a lot.

[ganpat1956]

Nile,
This is a place where people with a genuine grievance or those in need of the right type of clarification and guidance ever get upset. People only get enlightened all the time and inturn help others in getting enlightened and spread the message. Come; let us build a better India.