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Old 12-08-2007, 12:34 PM
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Name: Col NR Kurup (Retd)
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Join Date: Aug 2007
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Re: Supply of Irrelevant records or information may satisfy the RTI Act,2005

These are the innovotive methods used by some of the corrupt Public Authorities/PIOs to deny those informations which they do not wish to divulge under any circumstances. This happens in cases where furnishing the information exposses corruption/illegal practices of the PAs. In such cases the PIOs will have the support of the entire achelons of bureaucracy and even Politicians. Following are some of their modus operandii:
(a) Ignore the Application
(b) Furnish evasive, false or misleading information
(c) Try to link the application for information with any of the old cases which they have otherwise conveniently dispossed off much earlier than enactment of the RTI Act
(d) Harass the appellant by calling for hearing even when the appellant plead contention of Section 19(5) reiterating that he has nothing more to add other than what he has stated in his application, first appeals and seecond appeal/complaint
(e) Exploit Section 6(3) of the act demanding exorbitant and unrealistic "further fees representing the cost of providing the information AS DETERMINED HIM. (Even the CIC encourage such a step by the PIO). I do not find any easy escape from this deterrant.
(f) Give no cognisance to Section 4(1)(d) of the Act
(g) Plead that the concerned files are destroyed as per their prevelent departmental rules.
(h) Unnecessarily go into the merrit of the case instead of seeing that the information soght fall under the defenition of information given in Section 2(f), within the ambit of Section 4(1)(d), held by them, does not fall under any of the excemptions, does not disproportionately divert the resources of the PAs and the appellant has paid the prescribed fees.
The list is too long. Many of them have already brought by our learned friends in this forum itself. Everyone know this problem and its solutions. WE THE PEOPLE OF INDIA ARE HELPLESS. But we should continue with our optimistic endeavor
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