dear sirs . i got a very interesting a strange responce from CPIO.I asked for a copy of a circular issued by circle office to all its divisional offices.CPIO replied saying the circular was containing so and so information "BUT I REGRET " Copy is not available in this office.Although he said what that circular contained but since he failed to give copy can i conclude that information is denied? Plz guid me. can i go for appeal for denail of information ?
If you clearly asked for "copy of circular" in your RTI Application, then the reply "copy not available" can be construed as a denial of information. If copy was not available in that office, the PIO should have invoked Sec 5(4) or Sec 6(3) to either seek a copy from some other office under the same PA or transfer your application to another PA where the circular was available.
How old was the circular ?
If it is very old, then probably you will have to look at the record destruction schedule of the Public Authority and see if they have destroyed the records.
most respected sir . the circular is a very recent one . in fact it was issued by the circle office and CPIO happens to sit in that very office but under a different post.( His general duty is administratioon and he also works as CPIO). Copies are circulated to all divisions working under that circle . i think getting one copy from its own files was possible. most probably , orders of the circular may have been violated by CPIO himself so he was avoiding ? I had very clearly asked for the certified copy of the circulr