Page 2 of 2 FirstFirst 12
Results 9 to 13 of 13

Thread: Information that has to be "created" or "collected", cannot be denied under RTI....

  1. #9
    Posts
    180
    Name:
    vikram
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Information that has to be "created" or "collected", cannot be denied under RTI....


    Can somebody be more clear if a pio can create /collect information from different letters to provide the main issue information, for which records are missing or misplaced deliberately.


    › Find content similar to: Information that has to be "created" or "collected", cannot be denied under RTI....



  2. #10
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Mentioned
    0 Post(s)
    Tagged
    2 Thread(s)
    Quoted
    5 Post(s)

    Re: Information that has to be "created" or "collected", cannot be denied under RTI....


    However certain SICs like SIC, Kerala did not agree with the contention/orders of CIC.The SIC, Kerala has specifically ordered that the PIO is not required to collect, collate, or edit the information held by him. According to his interpretation, the information sought is not readily available with the PIO and hence cannot be given.

  3. #11
    Posts
    180
    Name:
    vikram
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Information that has to be "created" or "collected", cannot be denied under RTI....


    sir the very purpose of RTI Act is to enforce authroities to act on complaints. Now if a PIO is stating that information is not available is he not obliged to confirm reasons for it.
    If a PA has not acted on a complaint, naturally information will not be availbale. But PIO are refusing to accept the fact that no action was taken and simply saying information is not available.

  4. #12
    Posts
    267
    Name:
    Mumbai Civic
    Blog Entries
    1
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Information that has to be "created" or "collected", cannot be denied under RTI....



    Thank you, Karira,

    From your earlier post:
    In a recent decision, due to persuasive arguments of the appellants representative, the CIC ordered that even information that has to be "created" or "collected" must be given to the applicant:
    ....
    Under Rule 4 (a) of the RTI Act (Regulation of Fee & Cost Rules) 2005 which came into force on September 16, 2005 a fee is expected to be charged for each page “created or copied”, which indicates that all information held by or under the control of any public authority is accessible to the public as is covered by the ‘right to information ’ defined in sec. 2(j), even when it needs to ‘collected’.
    The quoted ruling only says that since costs (as defined in the 2005 rules) can be collected, no information can be denied. It does not say that PIOs are responsible for creating information. "Creating pages" can hardly be termed "creating information". Besides, it does not say that the PIO must create pages. The original act forces the PIO to create photocopies, that's all.
    Is my interpretation correct?

    Regards
    -- पूराब्यौरा

    Then God said, "Let there be light"... but we said, no, we want first the RTI! Then we will light up our own lives, and those of our fellow beings. But God said, "No, I can't. I am not a fool to open my books to you. Go away!"

  5. #13
    Posts
    1,580
    Blog Entries
    42
    Mentioned
    0 Post(s)
    Tagged
    3 Thread(s)
    Quoted
    9 Post(s)

    Re: Information that has to be "created" or "collected", cannot be denied under RTI....


    There is no confusion that the order issued by C.I.C. regarding collection and creation of information by the PIOs can be considered as one of positive approches towards transparency. Here this question arises that whether this order of C.I.C. is binding on the S.I.C. or not. In my personal view, no PIO will take recourse of creation or collection now in order to deny information to seeker. Consequently PIOs now will search another trick to deny sought information as ipsofacto obvious.

Tags for this Thread



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 youtube Tumblr RTI Microblog RSS Feed Apple App Store Google Play for Android