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Thread: can we give reference of previouse RTI application ?

  1. #9

    Re: can we give reference of previouse RTI application ?


    U/S 2(j) we can ask for inspection of the entire record and taking of certified copies there from.
    The pio can take any objection to linger the proceding.
    Any how it depeds on the facts of a particular case.I had an occation to ask for an order in inquiry by quasi judicial authirity.The reply i received was that no order is passed even after a laps of 4 yers and the respondents already benifitted with the help of the cocerned.Now i have to seek further iformation basing on the information given by the pio and refering earlier application.



  2. #10

    Re: can we give reference of previouse RTI application ?


    Sec 4(1)(d) and Sec 19(5) are good tips.I am going to use it

    Start with seeking infomation of previous application under Sec 4(1)(d) seeking added information on decesion given in previous application

    End with Sec 19(5) telling PIO he is in trouble if he is evasive.

  3. #11
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    Re: can we give reference of previouse RTI application ?


    Section 4(1)(d) is not that rosy as it appear to be. Normally, we assume that this Section can compel a PA to give reasons for its administrative or quasi-judicial decisions to affected persons. But, in the case of RTI, it is incumbant only if such decisions are readily available. Though the aspect of giving a reasoned decision is clarified even by the Supreme Court repeatedly, often there may not exist a reasoned decision in certain cases on various grounds. Of cource one can persue the aspect of not giving a reasoned decision as per the laws of this country But the RTI Act cannot render much help if the PA turn around and plead that the information as asked is not held by them.

  4. #12

    Re: can we give reference of previouse RTI application ?



    But what happens if it was the moral and legal obligation of PA to take a decesion, which he did not take to help the corrupt officer. In that case RTI cannot it ask him of his quasi judicail decsions

  5. #13
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    Re: can we give reference of previouse RTI application ?


    Unfortunately moral obligation is a taboo for PAs born and brought up in the soils of 'Official Secrets Acts, bureaucratic supramacy, non-accountability, corruption etc. Nothing on those lines seems work.

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