PIO supplied part information and ordered to collect balance from Accounts Section

**Sajib Nandi** · 06-06-2010, 10:02 AM

The PIO ordered for deposit of additional fees:

"In this connection it is intimated that the required information is covered consisting of 12 pages for which you are required to deposit @Rs.2/- each page (which comes to Rs. 24/-). On receipt of required fee under the rules the information shall be provided to you in due course of time". [Originally typed as 16 pages...Rs. 32/- which was changed with pen to 12..24 and initialled by PIO.]

The applicant deposited Rs. 24/-.

The PIO supplied information and ordered to collect balance from Accounts Section:

"Please find enclosed herewith the certified copies of the required information as desired by you vide letter dated xxxx. The balance amount of Rs. 6/- will be refunded to you. You may contact the Accounts Branch for the same".

It appears that no information has been provided on one para where file notings for an (we assume illegal) appointment was sought. However, the PIO has not mentioned about the same in his letter.

Kindly help:

(i) Can the PIO decide to curtail information after applicant deposits additional fees as per his order?

(ii) What should be the mode of refund of excess additional fees deposited? Should PIO arrange to refund it?

(iii) Few supplied documents [minutes of selection committee meeting where the assumed illegal appointment was recommended] show that a sizeable portion in the pages were blocked while photocopying? Is it permitted?

[Sec. 10 Severability is for exemtions with notice, not part of permitted document which may contain other matters.]

(iv) The PIO signed pages with stamp. No "Attested"/ "Certified true copy", no date.

How can applicant argue that these are not certified copies?

(v) What are the points to specifically mention if we decide to ask for inspection of appointment file? Allowing companion with applicant, permitting certified photocopy of selected pages, permission to take photographs of pages of the file, and what else? Photocopying immediately, or it is supplied afterwards?

Regards.

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**karira** · 06-06-2010, 11:22 AM

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Originally Posted by Sajib Nandi

(i) Can the PIO decide to curtail information after applicant deposits additional fees as per his order?

(ii) What should be the mode of refund of excess additional fees deposited? Should PIO arrange to refund it?

(iii) Few supplied documents [minutes of selection committee meeting where the assumed illegal appointment was recommended] show that a sizeable portion in the pages were blocked while photocopying? Is it permitted?

[Sec. 10 Severability is for exemtions with notice, not part of permitted document which may contain other matters.]

(iv) The PIO signed pages with stamp. No "Attested"/ "Certified true copy", no date.

How can applicant argue that these are not certified copies?

(v) What are the points to specifically mention if we decide to ask for inspection of appointment file? Allowing companion with applicant, permitting certified photocopy of selected pages, permission to take photographs of pages of the file, and what else? Photocopying immediately, or it is supplied afterwards?

Regards.

i) The PIo is supposed to inform you the additional fees after he determines the information to be provided. In this case, it appears that the PIO had an aftertought about providing the information.
Just file first appeal for incomplete information.
In your first appeal go point by point as to what you asked and what did the PIO actually provide you.

ii) Ideally the PIO is supposed to refund the amount. He should not ask the applicant to go here and there. You paid the additional fees to the PIO as per the instructions of the PIO. Now, he cannot ask you to go here and there to get the refund.
This should be an additional ground for fist appeal.

iii) NO. If the PIo wants to severe any part of the information under Sec 10, he must follow the procedure as specified under Sec 10(2). He must inform the applicant as to under what sub section of Sec 8 the balance information is being denied. If he has not done that, it will also be a ground for first appeal.

iv) It depends on what exactly you asked for in your application. If you asked for only "copies", then the PIO is correct. If you asked for "certified copies" then the PIO has to certify the copies before giving to the appliant.

v) All points you mention are allowed during inspection. You can ask for all of them.
Generally, the PIO will supply the copies of the selected pages there and then, as soon as inspection is over.

**Sajib Nandi** · 06-06-2010, 01:52 PM

Thanks Karira.

(ii) There is little more than meets the eyes here. I'll need to cross the PIO's office (who himself issued the illegal appointment letter) to reach the Accounts Section. The same PIO called me to deliver a letter after I filed RTI application seeking details about appointment (illegal) of a consultant by him, and I was attacked on the way home spending 5 days in hospital with head injury. I apprehend it is another plan. Therefore, I donot want to go.

Can I ask for refund in appeal? [It will go to CIC, because the FAA won't touch the matter of illegal appointment of son of a very senior officer where the file was approved by the head of the PA.]

(iv) I asked - "Kindly provide certified copy of ..."

PIO just signed all the pages with his stamp, no mention of "Attested copy" or "Certified copy" or "True copy". Didnot put dates either. However he wrote that "Please find enclosed herewith the certified copies of the required information as desired by you ."

Copies of few certificates supposedly attached with application for appointment are fake.

Can I plead in appeal that certified copies not provided? Logic?

(v) Who takes the photographs? Photographer of PA? Or applicant's photographer? Can we take help from press photographer because they have better equipments?

Regards

**karira** · 06-06-2010, 05:27 PM

1. Yes, pray in the first appeal that the balance to be returned to you by post.
2. If you asked for "certified copies" and he just signed them, then it is "incomplete, incorrect and misleading" information.
Logic is that the "information" you asked for was "certified copies" as per Sec 2(j)(ii) of the RTI Act. Since the certificates have not been attested, etc. the "information" provided to you is "incomplete, incorrect and misleading".
3. You can take your own digital camera to take photographs. It is very easy. Just practice before you go for inspection.
Please read: Taking photographs during Inspection

**Sajib Nandi** · 06-06-2010, 08:54 PM

Thanks Karira.