Topic Identifier

Page 1 of 2 12 LastLast
Results 1 to 8 of 13

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

  1. #1
    Posts
    44,512
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    553

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


    There have been several posts on this forum, in the past, about whether the PA/PIO is bound to give information which has to be "created" or "collected". Some decisions of the CIC and SIC's have added confusion to this issue:

    - information to be given in the form that it is available
    - diversion of PA's resources to provide the information

    etc etc etc

    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:

    https://cic.gov.in/CIC-Orders/Decision_18022008_02.pdf

    We agree with learned Counsel assisting appellant Ms. Lakshmi Jayashankar’s rejoinder quoted above that none of the grounds decided upon for denying information is valid. 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’. This is, of course, subject to the exceptions laid down in sec. 7(1). None of these exemptions includes the kind of exemption the MoEF seeks to foist through its decision of 27.9.06. Therefore, the information sought will now be provided to appellant Shri Karthik Jayashankar within 30 working days from the date of receipt of this Decision Notice.

    The full decision of the CIC is attached for reference.


    Attached Files Attached Files

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


    hi karira
    this was a good compilation made by you.
    however this decision is still not clear on the fact "whether information has to be collected or not". here the CIC has ordered for the collection of information from the same office for which the PIO is dutybound to do.
    but the CIC doesnot mention specifically that the PIO has to collect information from different offices....

  3. #3
    Posts
    44,512
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    553

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


    Quote Originally Posted by sagginyou View Post
    hi karira
    this was a good compilation made by you.
    however this decision is still not clear on the fact "whether information has to be collected or not". here the CIC has ordered for the collection of information from the same office for which the PIO is dutybound to do.
    but the CIC doesnot mention specifically that the PIO has to collect information from different offices....
    My main objective of posting this was to show how logical and persuasive arguments, before the FAA and the SIC/CIC, can get an applicant a favourable ruling. In this case, the applicant has used one particular clause of the Regulation of Fees and Costs Rules to get the information "created" !

    Regarding the term "collection":

    1. If the information is available with the same Public Authority but in a different location/office, it is the duty of the PIO to whom the application was addressed to "collect" the information and provide it to him.
    Please see:
    https://cic.gov.in/CIC-Orders/Decision_06122007_08.pdf
    CPIO has every authority u/s 5(4) to seek the assistance of the concerned officials either in obtaining the Gate Registers for inspection by the applicant in his office or in arranging for inspection in their regular locations. But it is not open to him to redirect the appellant to different offices for obtaining information, which will amount to a deemed refusal. Since the then CPIO Shri Surender Pal has pleaded inexperience in this regard, we do not propose a penalty. However, Director CBI Shri Vijay Shankar is advised to caution his officials working on the processing of RTI applications to avoid such evasive action in dealing with RTI applications in the future.

    2. If the information is with another PA, then PIO has to transfer the application under Sec 6(3), so there is no question of "collection".

  4. #4

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



    ''My main objective of posting this was to show how logical and persuasive arguments, before the FAA and the SIC/CIC, can get an applicant a favourable ruling. In this case, the applicant has used one particular clause of the Regulation of Fees and Costs Rules to get the information "created" !'' Mr Karira ! To put logical & persuasive arguements in CIC /SIC ,the appellant will require services of advocate ; which will be neither practical ,nor cheaper for the appellant.

  5. #5
    Posts
    1,057
    Name:
    rajendra bakre
    Blog Entries
    1
    Rep Power
    22

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


    Vijendra Singh said,

    [php]
    Mr Karira ! To put logical & persuasive arguements in CIC /SIC ,the appellant will require services of advocate ; which will be neither practical ,nor cheaper for the appellant.
    [/php]

    The member friends here are very happy to help draft applications/appeals etc. I myself have experienced this from Karira, jps50 and colnrkurup

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

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


    I think we are on the wrong track. The CIC did not mean that the PIO to create the information not held if sought by the applicant. I draw your attention to the recent comments of Mr.Karira on Section 7(9) In the light of Mr.Karira's correct identification on " the form in which the information sought provision '' I had clarified the redundancy of 'disproproportionately diverting the resource of the pblic authority' Clause. As I had clarified therein what the CIC meant is that even if the informtion sought is not existing, so long as the information sought fall under the obligation of the public authority to provide as stipulated in Section 4(1) the PA is liable to provide eventhough it is not available.In such cases, it was his duty of the PA to create the informtion falling under Section 4(1)but not proactively declared so far despite lapse of prescribed period of 120 days from the date the act came into force.

  7. #7

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


    Can CIC using same rule ask a PIO to create information by collecting information in subparts and combine it to give it if a PA who was suppose to do it did not do and went on posting.

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

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


    My interpretation is "YES". So long as the information so sought is those information the PA was lbligued to declare proactively under Section 4(1), there is no reason for a PIO vis-a-vis PA refusing to provide those existing information even if it involve collection, collation, summarising, editing etc. But in 'cucumber city' or 'Kansi Ram's Palton' where the PIOs and PAs dictate terms and proclaim that the "Queue starts from where they stand' such intrpretation has no meaning. If the CIC and SICs can make their own rules to suit their own convenience flouting the explicit provisions of the RTI Act 2005 with no accountability, what are we talking about ?

Page 1 of 2 12 LastLast


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