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  1. #1
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    C J Karira
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    I am not getting the certified Photocopies....


    I had filed a RTI Application to inspect some Files and also get certified photocopies of some pages from those files.

    I was called by the "deemed PIO" before the mandatory 30 days period and allowed to inspect the files. I asked for 13 pages of certified copies in writing and also paid the charges of Rs 26.00 by Bankers Cheques at the end of the inspection.

    At that point of time, the "deemed PIO' informed me to come later and collect the certifed copies. On going back to him after about 2 hours, I was told that his superior officer has asked him to circulate this photocopy request to some other officers. I tried, in vain, to explain to this officer that under RTI, normal office procedures do not apply and he is not supposed to take anyone's permission before giving me the certified photocopies. Anyhow, since there were still about 7 days to go before the expiry of 30 days, I asked them to call me when the certified photocopies were ready.

    Now the mandatory 30 days are over and there is no sign of the call nor of the photocopies.

    Can I make a First Appeal under Section 18(1)(e) for incomplete information (since inspection was allowed but the certified photocopies were not given) ?
    Can there be any other grounds for appeal ?


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  2. #2
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    Col NR Kurup (Retd)
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    Re: I am not getting the certified Photocopies....


    Iam not competent enough to comment on Mr.Karira's posting. But kindly allow me to point out certain facts which I might also be under a wrong notion.
    1. The defenition of 'information " given in Section 2(f) does not specify inspection; but ' right to information' include ' certified copies of documents' given in
    Section 2(j)(ii). This can be interpretted anyway one like as Section 6 says that 'A persons who desire to obtain any information under this Act etc., ". You had desired to obtain information in the form of inspection. The prescribed fee of Rs.10 is not applicable for this . Other laid down fee for inspection will start only after 30 minutes. Nowhere the Act lays down any period within which the documents tobe produced to you. In case you had paid Rs.10/ while applying, though it is redundant, the moment it is produced to you for inspection that case is closed. When you had asked for certified copies, according to my mind the correct action on the part of PIO should have been to inform you to file a fresh application seeking copies of those documents remitting the prescribed fee of Rs.10/- On its receipt he is at liberty to inform you any day within 30 days to remit additional charge ofRs.26/- and the clock stop etc., comes in.
    The PIO has absolutely no scope to deny you certified copies of 13 pages of documents if you had specifically asked them as per Section 2(j)(ii) and Section 6 within 30 days calculated in the laid down way. To me I don't think there is any other way.
    In case I am wrong kindly corect me.

  3. #3
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    Re: I am not getting the certified Photocopies....


    colnkurup,

    My initial RTI Application was for inspection of files AND for getting certified copies of certain pages that I might ask for, after inspecting the file. I did pay the Rs. 10/- Application Fee. The PIO wrote to the concerned department to inform me as to when can I inspect the file. A copy was marked to me and it clearly states that for first one hour of inspection no charges, Rs 2.00 per page of certified photocopy, etc. etc.
    The concerned officer, who was the custodian of the file asked me to come for inspection before the 30 mandatory days were over. The inspection was completed within the first One hour and therefore there were no charges for inspection.
    At the end, the Officer (deemed PIO) asked me to write down on paper, the page Nos. whose certified copies I wanted. Total was 13 pages and I submitted a Bankers Cheque at Rs 2/- per page = Total Rs 26.00.

    On the same day I also inspected 2 other files in the same Public Authority.
    I asked for 4 and 8 pages respectively from each of those files. The concerned officer promptly gave me the certified copies as soon as I paid the charges.

    My question is can I file a First Appeal and on what grounds ?
    If not, how do I get the certified photocopies ?
    Last edited by karira; 21-10-07 at 05:19 PM. Reason: Spelling corrections

  4. #4
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    Re: I am not getting the certified Photocopies....



    Sorry that I did't notice that you had also asked for the certified copies in the initial application itself. This is a typical case proving how a wise PIO can put a spanner in the wheel if we give him opportunity. LESSON LEARNT:" Never combine the inspection with seeking copy ". Had you sought the inspection free of charge and made an application for certified copy separatly,he had no choice other than using Section 7(3) and providing the information automatically. Now there is no doubt that it is an apt case for first appeal. GROUND: Malafidely denying the information where the PIO is deemed to have refuced to provide certified copies of 13 pages of documents .......identified on inspection , intimated and additional charges as required paid.
    Last edited by colnrkurup; 21-10-07 at 05:45 PM.

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