Topic Identifier

Results 1 to 8 of 8

Thread: Supply of Irrelevant records or information may satisfy the RTI Act,2005

  1. #1

    Supply of Irrelevant records or information may satisfy the RTI Act,2005


    It is my personal experience that so many times irrelevant records/information are being supplied under RTI.
    1.How we make a system to provide only information asked by applicant.
    2.What must be remedy if that information or supporting document is not available with PIO/PA.



  2. #2
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    38

    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

  3. #3

    Re: Supply of Irrelevant records or information may satisfy the RTI Act,2005


    As far as the 'further fee' is concerned, I donot think that there is any scope to ask for anything more than that laid down in the rules i.e. two rupees per page etc.

  4. #4
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    38

    Re: Supply of Irrelevant records or information may satisfy the RTI Act,2005



    Sorry for my disagreement Mr.tarus. Section 6(3) is very emphatical in saying that ".... ON PAYMENT OF ANY FURTHER FEE representing the cost of providing the information, .....". Section 6(3)(a) says that "the details of further fees representing the cost of providing the information AS DETERMINED BY THE PIO,...". Though your contention is very correct that the cost should have been as per the Rules, introduction of the words "AS DETERMINED BY THE PIO" is damaging. This will play a vital role when the PIO does not want to provide the information or wish to harass the appellant in such a way to disuade him from seeking the information. All that the PIO has to do is to cook up a calculation in an intelligent way AS DETERMINED BY HIM. I feel this as damaging. It shift the responsibility to appellant to prove that the calculations made by the PIO is wrong. With a hostile PAs/CIC/SICs, it is not that easy.

  5. #5
    Posts
    44,499
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    552

    Re: Supply of Irrelevant records or information may satisfy the RTI Act,2005


    colnkurup,

    Most of the points raised by you are valid.
    But it is our job to rebut each and every contention of the PIO if we find that it violates the RTI Act whether in "letter" or "spirit".

    Just one correction, the relevant Section is 7(3) and not 6(3), as mentioned by you.

    Section 7(3) has various safeguards built-in:

    <TABLE style="LINE-HEIGHT: 2" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="VERTICAL-ALIGN: baseline"><TD style="WIDTH: 15px">a.</TD><TD>the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the dispatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;</TD></TR></TBODY></TABLE>
    <TABLE style="LINE-HEIGHT: 2" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="VERTICAL-ALIGN: baseline"><TD style="WIDTH: 15px">b.</TD><TD>information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.


    </TD></TR></TBODY></TABLE>
    1. Details of Fees must be provided
    2. Details of calculations must be provided
    3. Right of review is available
    4. Right to First Appeal is available

    I would suggest that if any applicant feels that his application will draw the PIO to ask for additional fees under Section 7(3), he should put the following sentence in his initial application:

    "I am willing to pay any additional fees as determined by the PIO and communicated to me in writing with a reasoned order and the details of the calcualtions for such additional fees determined"

    This will ensure that the PIO is double careful in calculating and charging exhorbitant or unjustifiable fees.

    Please see:

    https://cic.gov.in/CIC-Orders/Decision_19062006_5.pdf
    Last edited by karira; 09-12-07 at 12:05 PM.

  6. #6
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    38

    Re: Supply of Irrelevant records or information may satisfy the RTI Act,2005


    Thank you Mr.Karira. I stand corrected. I wish I could correct the entries of the posting also accordingly. Unfortunately, we seldom get reasonable judgements as quotted by you.

  7. #7

    Re: Supply of Irrelevant records or information may satisfy the RTI Act,2005


    Quote Originally Posted by colnrkurup View Post
    Sorry for my disagreement Mr.tarus. Section 6(3) is very emphatical in saying that ".... ON PAYMENT OF ANY FURTHER FEE representing the cost of providing the information, .....". Section 6(3)(a) says that "the details of further fees representing the cost of providing the information AS DETERMINED BY THE PIO,...". Though your contention is very correct that the cost should have been as per the Rules, introduction of the words "AS DETERMINED BY THE PIO" is damaging. This will play a vital role when the PIO does not want to provide the information or wish to harass the appellant in such a way to disuade him from seeking the information. All that the PIO has to do is to cook up a calculation in an intelligent way AS DETERMINED BY HIM. I feel this as damaging. It shift the responsibility to appellant to prove that the calculations made by the PIO is wrong. With a hostile PAs/CIC/SICs, it is not that easy.
    I am afraid, the interpretation of Sec 7 of the Act is not correct! Sec 7(1) states that 'CPIO...provide the information on payment of such fee as may be prescribed ..' All that Sec 7(3)(a) says is that the CPIO shall provided the 'details of such further fees ... as determined by him...in accordance with the fee prescribed under sub-section (1).'!! It only means that he can determine the fee in accordance with that prescribed under sub-section (1).
    Further the "Rules" state that 'for providing information under sub-section (1) of Section 7 the fees shall be charged ....at the following rates..' [Rule 4 of Right to Information (regulation of fee and cost) Rules 2005.] The rates are prescribed. There is no discretion to change that. In this context, 'as determined' means only as determined in accordance with the rules. It should be arithmetically accurate as per the rules. There is no leeway for inflating it by the CPIO.

  8. #8
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    38

    Re: Supply of Irrelevant records or information may satisfy the RTI Act,2005


    There is absolutely no doubt about your correct interpretation. But the culprit is the words "AS DETERMINED BY HIM".



About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook Apple App Store Google Play for Android