Inspection and certified copies cannot be demanded in single application- Raj SIC

[sharmajee]

Another interesting decision of Raj SIC.........

[karira]

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Please provide a brief English translations since many members on this portal are not proficient in English.

[sharmajee]

Here is tentative synopsis in english of above decision, just for simple understanding (not technical/ legal translation):

Apellant submitted in II appeal that for 2 years, he has not been given clear and complete information by PIO SMS Medical College, Jaipur.
Respondent PIO submitted that information about details of examinations for Medals and awards conducted from the year of beginning of award till 2008 was not possible, therefore whatever was available on record was given.

SIC noted information asked is voluminous u/s 7((9), fit for rejection. SIC ordered Respondent to provide information under point 1 (column 2,3,4,5) free of charge to Appellent for the period 2003 to 2008 along with information of point number 3,4, 5.

In point 7 of application appellant had requested for inspection the related files and records. On this learned SIC in his decision said that u/s 2(j)(i, ii) of RTI Act, inspection of record and taking certified copies are two different works and therefore its not possible for respondent PIO to get both things under one application.

[karira]

SIC noted information asked is voluminous u/s 7((9), fit for rejection. SIC ordered Respondent to provide information under point 1 (column 2,3,4,5) free of charge to Appellent for the period 2003 to 2008 along with information of point number 3,4, 5.

In point 7 of application appellant had requested for inspection the related files and records. On this learned SIC in his decision said that u/s 2(j)(i, ii) of RTI Act, inspection of record and taking certified copies are two different works and therefore its not possible for respondent PIO to get both things under one application.

1. Information cannot be denied under Sec 7(9).
Sec 7(9) only allows the PIO to provide the information in an alternative form.
Please note that this subsection appears under Sec 7 - a section all about procedure to be followed by the PIO for disclosing information.
Information can only be denied by the PIO under Sec 8 or 9 of the RTI Act. Read sec 7(1) carefully - specially the last 3 lines !

2. The point about "two different works" can only be termed as bizarre.
Sec 2 of the RTI Act only defines certain terms used in the RTI Act.

j)	"right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—

It does not say that the "right to information" means any one of the following; !

[sharmajee]

same way it's the view of SIC that one can only avail one benefit under RTI. That means if you have filed complaint your appeal will not be entertained or vice versa? Any views and judgments members can share?

In one of case I filed direct complaint u/s 18(1) as PIO returned my postal order. On the otherside I also filed First Appeal, which was decided by subordinate of FAO and partially complied. Later I filed II appeal.... As per trend this may be rejected as I have availed option of complaint.