Inspection Vs Clear-cut Information

[navdeep]

I have applied for some information regarding police inquiry on my complaint. Rather than providing me clear-cut information, CPIO offered me inspection of inquiry file. I inspected file and asked CPIO that information is not in the file, so he should give this in writing. He refused to do so.

Thereafter, FA was filed with FAA. He upheld the decision of CPIO.

I think if such is the case, then RTI Act will have no meanings to serve at all, because every PA would provide some file for inspection and then over.

if anybody can help out about inspection issue, thanks.

[sandeepbaheti]

When you wanted certified copy you shouldn't have agreed for inspection in the first place. Insist on getting the photocopies.
Now that first appeal is over go for the second appeal with CIC. Since it will be a long wait of 9-10 months, in the mean time you can file a fresh application and this time ask for certified copies to be posted to you.

[navdeep]

Hi Sandeep,

Thanks for your valuable comments.

In my cases (29),

CPIO replied: This is not an information, you can inspect the file.

FAA: Upheld the decision of CPIO.

Now, my Second Appeals are scheduled to be heard on coming Monday.

I need some arguments/decisions in support of my demand of clear-cut reply from the public authority. Since decisions were taken by Public Authority, so how I can inspect and find how they reached on their conclusions.

Please suggest, Thanks once again

[sandeepbaheti]

On the face of it the PIO appears to be at fault. If it was not information as defined in the Act, he could not have even allowed inspection. If he had the records with him, he cannot ask for inspection because information is to be provided in the form in which it is requested.
It would be better if you post your full RTI application and PIO's reply here. It will enable me and other members to understand the details of the case and advise accordingly.

[navdeep]

Hi Sandeep Ji,

So nice of you. Here are the details.


I lodged a complaint with Chandigarh Police regarding fraud committed by my wife and my in-laws. Fraud also included some of computers purchased by me (though I did not have receipts, rather no purchase details were there in the inquiry file).

Dy.S.P. (Economic offences wing) decided that "it is found during inquiry that computers have been purchased by wife of complainant".

my RTI query: Please supply me the certified copy of information/material based on which the above-mentioned decision was taken by DSP, EOW.

CPIO: This is not an information as per definition of "information" under RTI ACT 2005. However, you can come and inspect the file and can take whatever documents you want.

I appealed to FAA that CPIO can take assistance of inquiry officer of said complaint who was working right subbordinate to CPIO. I also mentioned about section 4(1)(d) of RTI Act.

FAA: "Since CPIO offered inspection, so there is no denial of information." Appeal rejected.

Now, I am in Second Appeal.

This is one example of my RTI query. There are about 29 Second Appeals to be heard on Monday. Answers of CPIO and FAA are same in all appeals.

Kindly suggest. If I can have your telephone number to discuss in person that will be greatful. Thanks

[sandeepbaheti]

The PIO appears to be correct. Your query is actually very vague and does not indicate which documents you want. The PIO was unable to understand which documents you wanted and has offered inspection. So there is no denial of information.
To get the required documents it is important that you frame your application tactfully.

More views invited from other members.