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  1. #1
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    Default Can a information be delayed with a reason of shortage of staff?


    I sought information about the positions that were filled in a college under University of Pune, and the Principal sent a letter stating that they are unable to provide the information due to shortage of staff. The letter said that all the staff was busy with admissions from class 11 to MSC/MA and the information that I requested will be delayed by 2 more months.

    Can someone delay the information citing reasons for lack of staff? Should I appeal to the second appellate authority?

    A quick reply would be helpful.

    Thanks,
    MK



  2. #2
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    C J Karira
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    Default Re: Can a information be delayed with a reason of shortage of staff?


    This is a invalid reason for not providing information within the 30 day time limit.

    The Madras High Court has already delivered a judgment that Administrative reasons cannot be cited by a Public Authority to deny or delay information. That judgment is available on our sister website: home - RTI India: The Complete Information and Resourse Regarding Right to Information of India - in the courts decision section.

    (That site is hosted on a separate server so requires a new registration once again)

    File a first appeal citing that order.
    The first appeal has to be filed within 30 days of receiving the PIO's reply.
    @cjkarira

  3. #3
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    Col NR Kurup (Retd)
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    Default Re: Can a information be delayed with a reason of shortage of staff?


    Prefer first appeal on expiry of the prescribed period of 30 days. If the PIO or the Principal has any intention of providing you the information, they can furnish you within the additional period available to them. You got 90 days for Second appeal on expiry of 45 days. By the time you are due for second appeal the 2 months time sought by the PIO will be over with no reason for not providng you the information.You may prefer second appeal by due date so that the Principal get the 60 days he had sought and your request for information does not get barred by limitation at any stage.

  4. #4
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    Default Re: Can a information be delayed with a reason of shortage of staff?



    Quote Originally Posted by karira View Post
    This is a invalid reason for not providing information within the 30 day time limit.

    The Madras High Court has already delivered a judgment that Administrative reasons cannot be cited by a Public Authority to deny or delay information. That judgment is available on our sister website: home - RTI India: The Complete Information and Resourse Regarding Right to Information of India - in the courts decision section.

    (That site is hosted on a separate server so requires a new registration once again)

    File a first appeal citing that order.

    The first appeal has to be filed within 30 days of receiving the PIO's reply.
    Thanks for the reply. I registered to the site you mentioned but could not find the exact ruling. Could you please provide me a direct link to that rule so that I download it.

    Regards,
    MK

  5. #5
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    Default Re: Can a information be delayed with a reason of shortage of staff?


    As Mr.Karira has corectly said, RTI Act has no provision allowing additional time to PIO for providing the information. Madras High Court also has ruled that the information cannt be delayed on administrative reasons.But, in this case the Principal wants 2 months time. As per RTI Act and ruling of HC, this is as good as denial of information. Naturally you have to go for first appeal lest your appeal fall under limitation . If the FAA does not order provision of information sought you should go for second appeal. By the time you are due for second appeal the Principal would have got the additionaltime sought for by him and will have no reason for not providing the information.

  6. #6
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    Default Re: Can a information be delayed with a reason of shortage of staff?


    Quote Originally Posted by nkah View Post
    Could you please provide me a direct link to that rule so that I download it.
    A direct link will not work.
    Go to that website.
    Go to the "Court decisions" section.
    There are 7 pages of judgments in reverse chronological order (latest one first).
    I think it is titled "Administrative reasons......" or "Shortage of staff.."
    @cjkarira

  7. #7
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    dhakalall chhetri
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    Default Re: Can a information be delayed with a reason of shortage of staff?


    No, information cannot be delayed due to shortage of staff. It has been clearly stated in RTI ACT 2005, that every public authority of INDIA, central or state ,has to appoint or designate staffs for the purpose of supply of information.
    YOU CAN APEAL for non supply of INFORMATION.

  8. #8
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    Default Re: Can a information be delayed with a reason of shortage of staff?


    Thank you all. I will submit an appeal and get back here if I need more help.

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