section 7(9) of rti

[PARVEEN KUMAR VERMA]

Good evening sir, This is parveen from ludhiana running his own school affiliated with PSEB, mohali. Sir I have made an information with PSEB, mohali on dated 11.09.2009 and they reply me on 07.10.09 and the same was posted by them on 08.10.09 but it was received by me on 03.11.09 after 28 days of period. then i wrote about this delay to PSEB mohlai. Then again reply me 03.12.09 which is received by me on 05.12.09 where they add a section of RTI 7(9) and told that the information required by me shall not prepared with in a short period and give us a open time to prepare. time limit not written how much time will taken by them. Sir, information demanded by me is related to 2009-10 year and which is readily available with PSEB mohali according to my knowledge because they are in position to sent roll number to the candidates to appear in march 2010

[pooorabyoura]

Thanks for joining in, Parveen!
You have come to the right place with your specific problem.

Section 7(9) of RTI states
"9. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question." The whole act is itself available here.

As far as I can judge, this can be an excuse for refusing to provide information in the form you have requested, and that this section cannot be invoked for refusing to provide the information itself

But wait for some real expert opinion!!

Best Wishes

[colnrkurup]

Mr.Verma,
It will be better if you spare some time and read the RTI Act available even in this forum. According to you the PIO has posted the reply wthin 30 days. The PIO cannot be blamed for the postal delay. If you have the envelop with the postal seal of 8-10-2009 and 3-11-2009 you may take up the issue with your local post office for the postal delay. If you are not satisfied with the PIO's reply 8-10-2009, your cource of action was first appeal and not entering into further correspondence with PIO. Now it is time-barred. However you can make a first appeal based on PIO's reply dated 3-12-2009. Unfortunately he has brought in Section 7(9) against which you are not likely to succeed. At this stage I suggest that you seek inspection of the relevant documents and if needs be seek the copies of required pages.

[smbhappy]

If you feel agrieved with the reply of the PIO and/or if you think the delay in communicating the reply is deliberate, denying you a chance to appeal, you can make a complaint to the SIC under Section 18 of the RTIA2005 where "it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person"

But be sure that the complaint must not be on the frivilious grounds, as it waste te time & energy of the commission.