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  1. #1
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    Vijay Goel
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    Default information of the public authority


    Hello,

    I have filed one RTI application seeking information for some public authority i.e ASI of some police station

    "provide me the copy of complaint(s) ever been received during the entire serivce of ASI (*****) police station ****** against the ASI(*****) "

    Today, I got the reply in which they refused to provide me the information under 8(1)(j) giving the reference of the judgement of CIC as:

    " your kind reference is invited to the judgement of Hon'ble CIC in the case entitled "Shatmanyu sharma Vs commissioner os Custom"(copy attached)

    Now help me what to do...
    How can I get the copy of complaints against that ASI (***)
    Don't we have rights to get the information of any public authority. I have read somewhere that information of any public authority can be accessed under RTI act


    Attached Files Attached Files

  2. #2
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    Default Re: information of the public authority


    Vijay, without seeing the exact RTI application, it is not possible to give any opinion on this issue. I do not know if you took any steps to get your RTI application reviewed at the forum, before submitting the same.

    To give you a general answer, there are also several CIC decisions, especially related to Delhi police, that such details have to be provided. Please put in some additional efforts to search the various CIC decisions on Delhi police. Definitely you will get them and you can send your first appeal on that basis. This time, make it a point to get your claims/substance portion of your appeal reviewed by our active members, before you submit the same.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  3. #3
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    Vijay Goel
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    Default Re: information of the public authority


    Thankx very much ganpat ji

    Following is the RTI application attached which I have sent to the PIO
    please go through it.
    Attached Files Attached Files

  4. #4
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    C J Karira
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    Default Re: information of the public authority



    It is better if you file first appeal.
    Has the PIO given you any reasons under Sec 7(8) for denying information ? He cannot just quote the section number or the section ad verbatim and deny the information. He has to inform the applicant as to how that particular section is apoplicable to the present case.
    Twitter: @cjkarira

  5. #5
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    Sunil Ahya
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    Default Re: information of the public authority


    Dear Vijay,

    The flow of a RTI application goes like this:

    1) File a RTI application with the PIO.

    2) File a First Appeal with the First Appellant Authority.

    3) File a Second Appeal with the Information Commission.

    As of now, none of the above steps of the procedure function optimally.

    Nevertheless please complete the other two steps of the procedure available under the RTI Act and hope for the best.

    Do share the results of these steps with our forum.

    Success is a struggle and I am sure you will achieve it.
    "It is elementary that what is binding on the court in a subsequent case is not the conclusion arrived at in a previous decision" "A case is only an authority for what it actually decides and not what may come to follow logically from it. Judgments of courts are not to be construed as statutes" - Supreme Court in AIR 1982 SC 149 (at p.231).

  6. #6
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    Vijay Goel
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    Default Re: information of the public authority


    Thankx very much.
    I will proceed for first appeal

    Do we have any judgement in which information of a public authority can be accessed.

  7. #7
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    Sunil Ahya
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    Default Re: information of the public authority


    Dear Vijay,

    RTI Act is all about accessing information from Public Authorities.

    I suppose what you mean specifically is accessing information about an officer working for a public authority, especially complaints filed against him in the course of discharging his duties with a public authority, which should definetly be accessible under RTI.

    Please go through the discussion in this link, it may be helpful http://www.rtiindia.org/forum/10499-...-employee.html
    "It is elementary that what is binding on the court in a subsequent case is not the conclusion arrived at in a previous decision" "A case is only an authority for what it actually decides and not what may come to follow logically from it. Judgments of courts are not to be construed as statutes" - Supreme Court in AIR 1982 SC 149 (at p.231).

  8. #8
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    Default Re: information of the public authority


    Vijay, I had advised you earlier to search the CIC web site for theses decisions, especially those concerning Delhi Police. Here is one that I can reproduce:

    “However, complaints made against an official that are taken cognizance of by a public authority cannot be deemed private as they concern issues raised in the exercise of his public activity by a public servant. Any official action taken thereon is also necessarily a public activity”. (Decision cic.gov.in/CIC-Orders/Decision_26112007_01.pdf )

    Please make a search. I know there are plenty of similar decisions.
    Defeat is not final when you fall down. It is final when you refuse to get up.



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