Question: Query <=> Information

[jiwateshwar]

It has been made known many times that a PIO is not required to answer queeries and one can only seek copies of official documents using RTI applications. What are the actual guidelines on this? Some PIOs have been punished for not answering queries while in other cases they are let loose on the ground that answering queries is not mandatory. Also guide me whether a PIO would be required to answer the following query or not (specially q5).

1. The modus operandi of delivery of the application to the concerned quarter.
2. The date on which the above application was forwarded to the concerned quarter.
3. The exact/likely dates of receipt of application by the concerned quarter in electronic and printed form.
4. The cause/s of delay if delivery time exceeding three days from submission of application at your office.
5. Can the receiving of the electronic copy of my application by the concerned quarter be considered as the starting date for the time period prescribed under RTI Act (2005)? If not, then what date shall be considered as the starting date for the 30 day time period?

[sidmis]

The clock starts ticking only when RTI Application complete in all aspects reaches the PIO. i.e.

1. RTI Application + Application Fee(In prescribed form) + Supporting Documents.

Then only the PIO will start processing your RTI Application.

Plz see this discussion.

30 days starts from which date?

[vijendra singh]

Actually often the PIO, FAA & THE CIC /SICs have not been following RTI rules . They define the words 'querry' & 'question' etc as per their convenience & occasions. The 5 queries mentioned by mr Singh above are certainly info as per rti act . But some authorities will agree ; & some will not .Shockingly even after 3 years, there is no check on them practically. Every question or query which can be answered by some document; is surely an information. But who will force the authorities to follow the RTI spirit / rules.

[karira]

Originally Posted by jiwateshwar

It has been made known many times that a PIO is not required to answer queeries and one can only seek copies of official documents using RTI applications. What are the actual guidelines on this? Some PIOs have been punished for not answering queries while in other cases they are let loose on the ground that answering queries is not mandatory. Also guide me whether a PIO would be required to answer the following query or not (specially q5).

1. The modus operandi of delivery of the application to the concerned quarter.
2. The date on which the above application was forwarded to the concerned quarter.
3. The exact/likely dates of receipt of application by the concerned quarter in electronic and printed form.
4. The cause/s of delay if delivery time exceeding three days from submission of application at your office.
5. Can the receiving of the electronic copy of my application by the concerned quarter be considered as the starting date for the time period prescribed under RTI Act (2005)? If not, then what date shall be considered as the starting date for the 30 day time period?

With a slight redrafting, you can ask for the above:

1. Please explain me the the process of receipt and delivery of my application....... to the competent authority, namely.....
2. Certified copy of any document which shows the date on which my application was forwarded...
3. The date or dates of receipt of my application in......
4. The day to day movement of my application from the time of receipt till it reached ............ including which officer/clerk received it, on what date and what action did he take on the application
5. What is the date which ........................(name of PA) considers as actual receipt of the referred application under the RTI Act 2005.

[jiwateshwar]

So is there nothing particular available from DoPT or CIC regarding the issue of queries?

[colnrkurup]

In the absence of any central Rules or procedure, one has to go strictly as per the provisions contained in the RTI Act 2005. The basic consideration is that "one can get information held " and it has to be provided "in the form in which it is sought" Though certain ICs are objecting to provision of information in the form of questionire or querry, the RTI Act does not say so. It all depend on one's own ingenuity to seek the information by wording it in such way that the PIOs does not get an opportunity to deny it.

For Eg the information at 1. above can be sought by wording " What is the modus operandi,,,,,,," It can also be framed the way Mr.Karira has suggested. Then why should one streess on seeking the information in the questionnaire form ? Word it in such way that one is seeking the information as held by the public authority giving no chance to the PIO to reply that the information is not held in the form in which it is sought