Strange Decision of the CIC.......

[karira]

In a a recent decision, the CIC held that :

".....even though we suspect the decision to be incorrect, the information supplied is as per information held by the Department and therefore cannot be termed incomplete, incorrect or misleading."

I cannot understand that if the decision itself is "incorrect", then how can the information related to it be termed as "correct" or "not incorrect" ?

[ganpat1956]

This is quite strange. I feel the CIC could have given a better speaking order. There are a few areas of this decision that caught my attention.

The mere analysis that :" The information supplied, therefore, shows that the trees have, in fact, been felled in violation of the Act, although the Department has not treated this as being so." indicates that the CIC's powers are limited when an entire department justifies an illegal act as a correct one, probably with appropriate records.

The concluding remark that : In fact the information so supplied provides an opportunity to appellant Shri Narender Kumar Vasudev to agitate the rectification of any error that has occurred in the felling of trees which are of concern to him, only sends the RTI applicant on another wild-goose chase.

The questions no. 5 & 6 of the appellant in his original RTI application still remain unanswered.

[colnrkurup]

May I submit my views in agreement with the decision of the CIC for a change ? I shall elucidate with an example. " As per office records the total expenditure incurred by a Muncipality on a particular visit of VIP my be say one lakh Rupees. Every one knew that this is incorrect and the actual expenditure is say Rs.10 lakhs. This is defenitely an incorrect information. But if any one ask the Municipality, the total expenditure incurred during the particular VIP's visit, they will give only the information held by them irrespective of the fact every one know that the information is incorrect." Under the RTI Act the PIO or PAs can give only the information HELD by them. The RTI Act does not say that the information provided should be the correct one but the "information held by them". Why they are holding the incorrect information and what action taken to rectify the incorrect information etc., are entirely a different issue. Did I annoy you ?

[karira]

colnrkurup,

You are correct with respect to the example you have given.

However, in this case, the applicant has demonstrated that the the PA has taken a incorrect decision (as shown by the documents produced) but have kept the incorrect information on records. The information was based on the original incorrect decision, hence the information provided is not only incorrect but also misleading.