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Thread: Who Has To Sign Certified Copies

  1. Who Has To Sign Certified Copies


    Dear friends,

    If we ask certified copies of some information, if PIO directly not the custodian of the files, then the certified copies should be signed by whome.

    rakatkam.



  2. Re: Who Has To Sign Certified Copies


    rakatkamji, the officer in whose custody the document lies is the competent person to sign a certified copy of the document in his custody. this is according to sec.76 of the Indian Evidence Act. the PIO shall collect such certified copy and arrange to send it to the applicant.

  3. Re: Who Has To Sign Certified Copies


    HI Sir,

    When I asked for information thru RTI, The information provided was on a plain sheet of paper not carrying any mark of identity to prove its origin [not on a letter head of the PA] it did contain a few signatures which looked more like initials and not so legible [it doesn't give any info about the rank and designation of the person[s] who prepared it]... the sheet of paper is neither dated nor certified by the info providing authority [and hence IMHO not tenable in a court of law] who signed the "covering letter".

    The RTI application referred to in the sheet was not the same dated one I had submitted with them [ hence technically defective if not incorrect] and many of the contents were found to contradict each other. The info provided was incomplete and incorrect too. When I wrote to the PIO that he kindly correct the contents of the info sheet and send it back to me duly certified by him and on a letter head of the PA, instead of complying with my request, I was told that since a mention of the sheet has been made in the covering letter, the info sheet has already been sent. The contents of the covering letter simply says "....attached herewith is the information you had wanted vide your RTI aplication dated..."... in the correspondences which followed, the PA office maintained that "...the information you had wanted was already given vide letter dated...."

    Is the PIO correct in saying that once he makes a mention to the sheet in the covering letter, the sheet becomes a valid entity for pursuing in a court of law? What is the legal status of this info sheet If it is separated from the main letter?

    Forgive me now for deviating a bit from the main point ... The PA in my case claims in his info sheet that he is enclosing enclosures which he actually never does. for eg in one of the answers to a point in the RTI application, the PA mentions "... 10 objections were found in the proposals and the applicant was informed of the same vide letter dated.... a copy of the objection letter is enclosed here with..." The copy of the letter was never enclosed.... When this happened for a couple of occasions, on the third instance I video graphed the letter opening, and this time too the enclosures were found missing.... will my Video footage on a CD be admissible as evidence, that the PA is providing incomplete information, during the hearing?

    I leave for my next hearings this evening.

    Thanks in advance for all valuable feedback
    Sunaabh

  4. #4
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    C J Karira
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    Re: Who Has To Sign Certified Copies



    snkmoorthy is correct...the custodian of the of the document should certify the document. Sometimes the PIO might be sitting on another floor and the inspection does not take place in front of him.

    In my case, the "certified" copies state in one corner (or at the bottom of the page):

    "certified true copy", then stamped and signed with date by someone.

    I have submitted these in the High Court without any problems.

    Logically speaking each page should be certified. Someone can easily raise doubts/suspicion on documents where only the covering letter is certified and the attached documents are not certified. If you see legal agreements, generally each page has to be signed or initialed by all parties concerned.

    Non enclosure of the "attached" sheets when the covering letter says that they have been enclosed can be termed as "false" information or "denial of information" or even in extreme cases "malafide intent for with holding information". Good that you have a video recording of opening the contents.
    That will be proof in front of the SIC. But please present it only if the PIO does not accept the fact that the enclosures were not made.

  5. #5
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    Col NR Kurup (Retd)
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    Re: Who Has To Sign Certified Copies


    When you ask for certified copies of doccuments defined in Section 2(j)(iii) of theRTI Act, there is absolutely no ambiguity. The copy provided should be the one certified by the competent person under his dated signature, name and appointment with office seal. In case it is not provided accordingly it is as good as not providing the required information making it liable for appeal.

  6. Re: Who Has To Sign Certified Copies


    Quote Originally Posted by colnrkurup View Post
    When you ask for certified copies of doccuments defined in Section 2(j)(iii) of theRTI Act, there is absolutely no ambiguity. The copy provided should be the one certified by the competent person under his dated signature, name and appointment with office seal. In case it is not provided accordingly it is as good as not providing the required information making it liable for appeal.
    Thanks Sir!!!

    Sunaabh

  7. Re: Who Has To Sign Certified Copies


    Karira Ji And Moorthy Ji,

    Thank You Very Much Sir.

    Rakatkam.

  8. Re: Who Has To Sign Certified Copies


    Quote Originally Posted by karira View Post
    .......Logically speaking each page should be certified. Someone can easily raise doubts/suspicion on documents where only the covering letter is certified and the attached documents are not certified. If you see legal agreements, generally each page has to be signed or initialed by all parties concerned.........
    Yes you are right Kariraji... thats what I do normally whenever the doc has something to do with law... and in the correspondences I have with the SIC and GNIDA, I sign on each page... GNIDA for obvious reason doesn't do the same way... niway Tkanks for all the info.... I leave for LKO in abt 3 hrs... will post again on my return...
    Take care and convey my regards to the community

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