Information to be asked in the form available.

[prema]

Some of my friend keep getting the reply that the information he had asked for does not come under RTI Act, as it as not asked in he form available. I do not understand this, is there any provision for that in RTI?

[kushal]

Hello Prema,
yes, it has been often repeated and is also under the clause of RTI that, the information which is sought for should be available in the form asked by the applicant, and the CPIO is not supposed to generate any information.

Read the recent decision in which it was again retreated.

In a number of decisions, the Commission has ruled that the information seekers should ask for information that are already available with the CPIO. In the instant case, a part of the information has already been supplied, whereas a part of the information could not be furnished either because it does not exist in that form or the compilation of huge information would divert the resources of the public authority under section 7 (9) of the Act.

[prema]

thank you Kushal for the authentic information conveyed by you. However, I feel most of us do not know how the files are kept in Government organisation, and asking for information is really dificult this way. Any modification to this will help common man like us.

[maneesh]

Informatin Under RTI is defined as
"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;


Here the law is clear, it says any form. And this is further expanded by putting a qualifying inclusive defintion by giving example like records, documents etc.


If the applicant is ready to pay the price of processing of information CPIO has to provide it.

Further, RTI provides that all organisation cover under RTI has to computerise there records within a specififed time.

Some of my friend keep getting the reply that the information he had asked for does not come under RTI Act, as it as not asked in he form available. I do not understand this, is there any provision for that in RTI?

In the instant case, the processing charges which will be applicable for processing information in the required form should also be communicated by the CPIO so that it the applicant is ready to pay the charges then the information if available can be processed and provided.

The RTI fee rules are framed for this purpose.

It is another story when such intimation is provided it makes a big story as the applicant is asked huge money for information.

Here the emphasis is CPIO should not generate information. His duty is only to collect information and pass it on to the applicant.

[sunil sri]

while seeking information under RTI one should also keep in mind whether it is in public interest. RTI act should not be used to harrass public authority.

[sngupta]

Mr Sunil sri,
The spirit of RTI says that every public authority should work as per rules, regulations and orders of Govt. of India. Whenever the mentality of every public authority will improve there will be not wrong in society.

[maneesh]

Well said sngupta,
If each one behaves sensibly then we do not require any authority whether its police, or judiciary.

[Satish Gupta]

Dear Prema:

Please give details of incident where information was refused. Some times the PIO is just trying to get away without doing his/her job. They use language to confuse the requester. Tell us specifically what was requested. What language was used to request that information?

[ramakanth b]

I have asked information such as no. of officers chargesheeted for the offence of unauthorised absence from duty, how many have been departmentally proceeded and how many of them punished with compulsory retirement etc. The organisation's employee data base is fully computerised, each and every officer record is networked centrally etc. To compile the information is not a difficult proposition. However, I was denied the information on the ground that the organisation does not maintain separate record pertaining to action initiated against officer employees for the only misconduct of unauthorised absence from duty. Further, it said that collection of information from various regional offices and zonal offices divert the resources of the organisation and hence sought exemption to furnish information under section 7(9) of RTI act.

The fact that the organisation has not given punishment of compulsory retirement for the misconduct of absence of duty to any officer and I wanted to get this information from organisation itself to fight a course case affecting me. The organisation precisely wanted to avoid giving this information.

How to prepare an appeal in such cases? Information will definitely be available in the records of the Bank, but it may not be availabale in the form I have asked. I only want information in whichever form the organisation can give. Please guide.

[ambrish.p]

Dear Ramakanth

1. It seems that PIO is correct as u have not specified any time frame that u need info pertaining to xxxx period.

2. Better file fresh application and specify the number of years you want information for or give the years like 2006-07, 2007-08, etc.

regards