1. I don't think it is incumbant on a Public Authority to display any such notice nor they can do it in view of the IT policy of the government. Every public authority is in IT transition. The proclaimed IT policy can be enforced only after the government has fully implemented its policy by fully equipping/making every department IT savvy.This necessitate enormous expenditure which the governments may not be in a position to part with immediately. Naturally the process will be delayed to that extend
2. Para 6 of the Act says that " a person ....shall make a request in writting or through ELECTRONIC MEANS ..... accompanying such fees etc...". It does not say that THE INFORMATION WILL BE PROVIDED OR SHOULD BE PROVIDED IN ELECTRONIC MEANS"
3. Certain people friendly PIOs (whom I have referred to earlier) might have obligued you does not mean that it is incumbant on every PIOs to follow suit.
Unlike me, you are very kind and benevolent vis-a-vis the RTI Act.
The Great indicates in his post #8 above that he asked for information by email and the PIO replied back: 2)There is no facility available in the information cell to transmit the information by E-Mail.
When the previous PIO had supplied information by email, then the present PIO should also do so, unless the present PIO invokes Sec 7(9) : 9.An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
The PIO has not invoked this section at all. If he wanted to, he could have invoked this section and then offered to give photocopies instead of information in electronic format.
Please also note the words highlighted in red.
email is the "form" in which the information was sought.
Further, Section 7(5) has a provision for supplying information in "electronic" format:
5.Where access to information is to be provided in the printed or in any electronic format, the applicant shall, ..........................................
email is definitely any electronic format.
I agree with you that our country and our Government offices are not yet ready for "e-governance". But I feel that we should start a transformation in the thinking and mind set of all concerned that the future is that way. A beginning has to be made now. Otherwise, we will carry on with this "chalta hai" and "baad mein dheklenge" attitude and land up with world class airport but no road to get there (like in Hyderabad).
Thank You Karira Sir, I will not withdraw my self from that particular question. I am able to open the cic decision to day. The Information is actually asked in the name of my wife to my Head of the Dept. I think I will be able to represent her for physical presence before the Appllette Authority,in case necessity arises,obtaining an authorised declaration from her.....Yours, Ashok Mishra.
Definitely take a authorization letter from the original applicant if you plan to represent someone. I would also suggest that the authorization should carry some words to the effect:
"authorized by me and whose signature appears at the bottom of this authorization and who can be identified by his ......... (photo identity document) bearing the number........."
Originally Posted by The Great
Dear Sir, Whether the Public Authority should display notice,suo motu, to the fact that,they dont deal with email replies?
There is no obligation on the part of the Public Authority to display such a notice.
However, under Sec 4(1)(b)(xiv), within 120 days of the enactment of the Act, the Public Authority is definitely supposed to:
b.publish within one hundred and twenty days from the enactment of this Act,— xiv.details in respect of the information, available to or held by it, reduced in an electronic form;
Has your Public Authority done that even 3 years after the enactment of the Act ?