Information denial - how to identify mischief?

[surenkul]

I had send specific questions to the Information officer . I recieved reply stating that "it would take enormously long time to complile for onward transmission". Further, the reply states that I contact a particular person in the related department "who will be able to provide you with the data. He will also be able to give you the necessary staistics ...."

I wish to clarify the following

1. whether, this can be considered as DENIAL BY DELAY tactics;
2. whether, the person who is the appointed as Information Officer is supposed to collect and relay the information requested or direct the applicant to another person to seek all the info requested.
3. in this particular case, when I approached the person whom I was refered to, and asked whether he has any instruction regarding giving me the relevant info, he catagorically denied any such communication from the Information Officer . I furnished him, a copy of the reply recd from the Info Officer. HE still insists that he has to get written instructions from the appropriate authorities.
CAN YOU HELP ME - is there any section of the RTI which states or prescribes the format of the reply to all the queries raised by the applicant?

[karira]

Surenkul,

Can you please post more details about the information you requested and if there was any particular format you wanted it in.
On the face of it, PIO cannot ask you to contact another person.....he is supposed to do that himself. He is the PIO of a Public Authority . He can always get assistance from "others" in the public authority to get the information but he must convey the information to you under his own signature.

[nile0611]

If you want a reply in a particular format, you should write that format in your application and state that reply is required in following format.

[kushal]

• If the information has not been supplied by the CPIO , it is denial or atleast considered as the reply of the CPIO . You must approach the Ist Appellate Authority if that has been mentioned in the reply been given by CPIO . If not, you can directly lodge a complaint with the SCIC/CIC under section 18 (1) (e).

• Yes as stated by Nile under section 7 (9) of the RTI Act:

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.

[nile0611]

Any procedure to complaint to CIC.
What should be done if no action is take on complaint .

[surenkul]

I requested information regarding some cases since 1996. From the knnowledge that we had there could not have been more than four cases per year; also the authorities have never bother to keep track of all the cases. Also in some select cases the files went missing intentionally, which would re-surface later if some applicant went asking. I even doubt whether their offices are serious in maintaining records of all these cases. Had they been maintaining meticulous records and registers the info could be made available very easily.
Is their any provision for not maintaining proper records? I know that they are not of financial nature but pertains to the morale of fellow workers, which in today's work ethos is difficult to maintain.

[mpai]

Originally Posted by surenkul

I requested information regarding some cases since 1996. From the knnowledge that we had there could not have been more than four cases per year; also the authorities have never bother to keep track of all the cases. Also in some select cases the files went missing intentionally, which would re-surface later if some applicant went asking.

How can information for the year 1996 be old, when applicants around have been asking for documents pertaining to the 1940 & 1950. You are right, the Public Authority has something to hide and are afraid that their underhand dealings etc could be exposed by your application.

If documents or files are missing, if you have this in writing, you can file a seperate application like in whose custody was this file, name the last person who handled the document, since when it was found to be missing and why no discliplinary action taken against the person responsible. Further, you can also insist that an FIR be filed against the person responsible.

Best option is to make multiple RTI Application with this PA to learn the truth.

[linardni]

Originally Posted by mpai

Best option is to make multiple RTI Application with this PA to learn the truth.

Is there any limit to the number of RTI Applications which an applicant may target a particular PIO to derive the skeleton above board.

[mpai]

Originally Posted by linardni

Is there any limit to the number of RTI Applications which an applicant may target a particular PIO to derive the skeleton above board.

Actually there is none.

However, what I meant was that you seek one set of information vide one application. i.e. you file one application seeking information and guidelines on upkeep of records, period of storage, disposal etc. In another application, seek information on the year wise assignment of duties who are responsible for the safety of the records etc. Vide the next application, quoting the PIO 's reply "that he has to get written instructions from the appropriate authorities." you can ask for the copy of the rules vide which the PIO has made the statements and/or the clause in the RTI Act which directs the PIO to get the "written instruction" etc.

In short it would be nothing by an exercise to gather information on the erring employees of that particular PA & not just the PIO . This is something like what you read in the spy fiction. At the end of the exercise, you will have enough data to give you the correct picture and come to your conclusion of what ever was your original object at the time of filing the initial RTI Application.

One must always remember that the object of the RTI Act is to gain information on the working of the Government machinery. It allows the citizen to make sure that the employees are working properly and equal participation of the citizens in the working not just grievances redressal or attempt to expose corruption.

Best wishes

[pooorabyoura]

However, what I meant was that you seek one set of information vide one application. i.e. you file one application seeking information and guidelines on upkeep of records, period of storage, disposal etc. In another application, seek information on the year wise assignment of duties who are responsible for the safety of the records etc. Vide the next application, quoting the PIO 's reply "that he has to get written instructions from the appropriate authorities." you can ask for the copy of the rules vide which the PIO has made the statements and/or the clause in the RTI Act which directs the PIO to get the "written instruction" etc.

Unless planned in advance, this could lead to inordinate delays. Do you advise this as a regular practice, to be followed everytime one makes an RTI application? What about the increased charges/fees? Not everyone can afford them.

Is it possible to advocate amending the act to ensure that the above happens automatically, and the above information becomes part of the official response?

Regards

Mumbai Civic