User Tag List

Results 1 to 6 of 6
  1. #1
    Posts
    3
    Name:
    Saurabh Pandey
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    0%
    Monthly Activity
    0.24%
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default About how a question under RTI Act can be asked


    Dear Sir,
    I working in Irrigation Department and deal RTI in my office as a clerk. Due to lack of knowledge about RTI I and my officer face a lot of problems so I request you to put some light on these questions:
    1- Many times the applicant ask some questions like "What is the name...","What is the procedure...", "How it was done...","Who was responsible..","What are the names..." We get confuesed on these questions because as per RTI Act the work "Information" means "Record" and an applicant ask for xerox copies or view records. But above questions do not state that they are being asked to give xerox copies. What can we do on these issues?
    2- Many times the applicant submit his application to higher office which is related to our office. So our higher officers forward such cases to us and order us to give such information direct to the applicant. How far is it under rule? Some of these applications are written to ask information in their self made format which is against RTI Act but our higher officers force us to give information. Please tell what can we do in such conditions?
    I hope your guidence about above questions will surely help me.

    thank you

    saurabh



  2. #2
    Posts
    2,667
    Name:
    Dinesh
    Blog Entries
    26
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    89.59%
    Monthly Activity
    0.3%
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Re: About how a question under RTI Act can be asked


    Welcome Saurabh to RTI Forum. We are happy to have you among us.

    A simple thumb rule to reply the application is that everything which is available in your records and not covered under section 8 of RTI act, should be provided. If the requested information is available in your records, provide it. Else reply to the applicant that the requested information is not available in your records. For example if someone ask "who has done" then the information is available in your record and will be called as "information" (you have the name of officer who has done it). But if he ask "why he done" then you have no records on it and can not be called as "information" . Even if an applicant has not asked the xerox copies, you can reply that the requested information contains __ pages and the applicant should collect the information after submitting the further fee.

    The RTI act has given power to every PIO to seek help of any other officer under section 5(4) as APIO. So the higher officer is right to forward the application which is closely related to your department. If you find that the information is available in some other department, you can again forward such application to next department under section 5(4) of the RTI Act.

    Please be a part of our discuss groups and go through the wealth of information we have on this site. And be free to discuss with members every doubt you have.

  3. #3
    Posts
    40,887
    Name:
    C J Karira
    Blog Entries
    9
    Total Downloaded
    297.4 KB
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    25.11%
    Monthly Activity
    48.02%
    Problems Posted
    0
    Problems Solved
    7
    Best Answers
    2
    Good Answers
    4

    Default Re: About how a question under RTI Act can be asked


    Quote Originally Posted by saurabhkmp View Post
    1- Many times the applicant ask some questions like "What is the name...","What is the procedure...", "How it was done...","Who was responsible..","What are the names..." We get confuesed on these questions because as per RTI Act the work "Information" means "Record" and an applicant ask for xerox copies or view records. But above questions do not state that they are being asked to give xerox copies. What can we do on these issues?
    2- Many times the applicant submit his application to higher office which is related to our office. So our higher officers forward such cases to us and order us to give such information direct to the applicant. How far is it under rule? Some of these applications are written to ask information in their self made format which is against RTI Act but our higher officers force us to give information. Please tell what can we do in such conditions?
    Just adding to what Dinesh said in his above mentioned post.

    1. As he said, it is immaterial as to how the query has been asked. What is important is that if you hold that information or not. Please understand that not all citizens are well qualified to draft perfect queries in their applications.

    2. Please read:

    http://www.rti.india.gov.in/cic_deci...7012010-01.pdf

    9. It is true that no application or a specific request for information can be rejected merely on the ground that appellant has chosen to use expressions such as why, how, whether etc. But it is equally true, that with or without the use of those expressions, if the request for information falls beyond the scope of section 2(f) the request has to be rejected for the simple reason that no information which does not qualify the definition-test of section 2(f) can be sought or disclosed under the RTI -Act. This position has already been confirmed by the decision of the High Court of Bombay & Goa (Writ Petition No. 419 of 2007; dated 03.04. 2008) which stated as follows:
    “….the Act confers on the citizen the right to information . Information has been defined by Section 2(f)………
    The definition cannot include within its fold answers to the question “why” which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information . Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information .”
    10. It is, therefore, obvious that in the present case what the Appellate Authority meant by quoting the Commission's decision regarding the scope of section 2(f) in the context of the appellant’s queries, was that some of these queries could not be related to the definition of information in section 2(f). I do not find any infirmity in Appellate Authority ’s decision.

    The Information Commissioner further adds regarding the queries (Why, How, Whether), raised by the applicant in his RTI application:

    The tone and the tenor of his queries are interrogatory and exploratory. Certain queries like the name and address of the ombudsman, which is not yet been appointed, cannot just be answered as no decision in the matter exists. Similarly queries regarding why shareholders should apply for duplicate share certificates, why SEBI is not taking punitive action against depositories, do not fall within the scope of section 2(f) and are not, therefore, liable to be answered as rightly held by the Appellate Authority . The decision made by the Appellate Authority in respect of all the queries of the appellant is within the four corners of the RTI -Act and the decisions of the Commission in that regard.
    .
    .
    .
    .
    I also wish to reiterate that a public authority is not obliged to answer any query regarding why it did not perform its function in a given manner. For example, as in the case of this applicant's petition, SEBI could not be required to answer him what action it has taken or it proposes to take regarding alleged violation by depositories of a Section in a given Act. RTI -Act does not entitle an applicant to engage a public authority in a dialogue about his concerns. The queries for any information will need to pass the test both of Section 2(f) and Section 2(j) of the RTI Act in order to qualify as queries for information .
    14. In other words, a query for information not only should be for an identifiable information conforming to the definition of information in section 2(f), this information should be held by a public authority or be under its control within the meaning of section 2(j) of the Act. Several of the queries of the present applicant fail both tests.


    3. Don't be under the misconception that "information" only means copies or entire pages.
    When reading Sec 2(f) (definition of information), read it along with Sec 2(i) and 2(j).
    "Information" includes "records"
    Sec 2(j)(ii) allows "taking extracts"
    In this case a officers name is included on some or the other document in your office.
    You have to provide the name since it becomes an "extract" of that document/record.

    4. Maybe by "view records", the applicant means "inspection" of the documents/records - which is allowed under Sec 2(j)(i) of the RTI Act.

    5. Under Sec 5(1), the PA (your office) can designate as many PIOs as it wants.
    If the PIO is the Head Office receives the RTI application and he feels that the information is actually available with the subordinate office, he can ask that subordinate office PIO to furnish the information directly to the applicant and under his own (the subordinate PIO) signature. This is perfectly legal. There is nothing in the RTI Act to say that only that PIO who receives the RTI application has to only provide the information.

    If there was no PIO in the subordinate office, then the main PIO could use Sec 5(4) to seek assistance from the subordinate office (not having PIO), get the information and provide it himself under his own signature.
    This is because only a PIO can provide information and the subordinate office does not have a PIO.
    Likes theprabhas liked this post
     
    @cjkarira

  4. #4
    Posts
    743
    Name:
    Ketan Modi
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    45.62%
    Monthly Activity
    0.24%
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Re: About how a question under RTI Act can be asked



    Dear Saurabh,
    Normally, I have experienced that whenever a question is raised seeking information, PIOs just invoke CIC orders banning it as according to CIC raising questions is not allowed. However, in one of my case, the PIO tried to play the trick before Mahrashtra SCI but my argument was that this a statute used largely by commoners who are not professional or trained lawyers and a common is likely to raise questions on action taken etc. My submission was upheld by Dr. Suresh Joshi and my appeal was allowed in toto. My suggestion to you is that furnish all the information/s proactively as the PIO and you shall make the best PIO one has ever come across. Happy information seeking/furnishing.
    Ketan Modi
    Bapu

  5. #5
    Posts
    3
    Name:
    Saurabh Pandey
    Total Downloaded
    0
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    0%
    Monthly Activity
    0.24%
    Problems Posted
    0
    Problems Solved
    0
    Best Answers
    0
    Good Answers
    0

    Default Re: About how a question under RTI Act can be asked


    Thank you very much sir for providing me such a useful information. I would like to tell you that the link you provided of CIC decision http://www.rti.india.gov.in/cic_deci...7012010-01.pdf is no longer available, so I am unable to view it.
    There is another question arised in my mind that if an officer passes an office order for his office and put his signature above the stamp and the applicant request for his name. What record should we give to him is it the photocopy of officer's Service Book or what? Also can we reject the application on the ground that it is written in interrogative sense. Please send me the link of section you discribed in your reply like section 2(f), (i), (j).

    Thank you

    Saurabh

  6. #6
    Posts
    40,887
    Name:
    C J Karira
    Blog Entries
    9
    Total Downloaded
    297.4 KB
    RTI Activity - Stats
    RTI Activity - Bars
    Lv. Percent
    25.11%
    Monthly Activity
    48.02%
    Problems Posted
    0
    Problems Solved
    7
    Best Answers
    2
    Good Answers
    4

    Default Re: About how a question under RTI Act can be asked


    1. Link is opening correctly. Please try again.
    Or save the link on your computer and then open it.

    2. Did he ask for copy or just the name ?
    If you know the name, then just provide it.
    If he asked for copy, provide him copy.

    3. Please read and refer to the RTI Act here: http://www.rtiindia.org/act/
    @cjkarira



About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook youtube Tumblr RTI Microblog RSS Feed Apple App Store Google Play for Android

Newsletter Subscription