View Poll Results: Are we being cheated by the PIO's, who gives vague Replies

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17. This poll is closed
  • Yes

    15 88.24%
  • No

    1 5.88%
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    1 5.88%
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Thread: What steps are to be taken in order to get the information, which is not available with the PIO?

  1. #1

    What steps are to be taken in order to get the information, which is not available with the PIO?


    1) I have asked for an information to the PIO, Mr. S. M. Kalewad, Manager (P), General Administration Deptt., Maharashtra State Electricity Distribution CO. Ltd., for seeking the details in respect of the following queries :
    a) How many staff members of the M. S. E. D. Co. Ltd. are trapped by the A. C. B. Unit since 2000 - 2008 ? Their Names.

    b) How many staff members are acquitted from the corruption cases by the A. C. B. Unit, Hon'ble Court of Law and the M. S. E. D. Co. Ltd. Deptt.?

    c) How many staff members are being convicted by the Court of Law ?

    d) How many convicted staff members are working with the M. S. E. D. Co. Ltd. and why are they working with the M. S. E. D. Co. Ltd.? How many convicted staff members are terminated ?

    e) Whether any appeals or revisions are being filed by the convicted staff members or the ones terminated from the M. S. E. D. Co. Ltd.?

    2) I received the information in respect of the above para Nos. 1(a), but, I received a vague reply in respect of above para Nos. 1(b), (c), (d) & (e) that the information is not available and further, the list of trapped staff members provided to me by the PIO is incomplete as per the information provided to me by my reliable sources.

    3) After receiving the reply from the above said PIO, I have recently preferred an application under the RTI to the Registrar of Thane District Court, Maharashtra and the A. C. B. Unit (Thane Range), Maharashtra for seeking the above queries.

    4 I wanted to know what action is to be undertaken to get the information which is not available with the PIO.



  2. Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Welcome to this portal. V need young and energetic RTI users and activists. Please spare some time to navigate this site for insight into effectiveness and practical use of the sunshine act. Thanks 4 being with us. U have asked very relevant and forceful questions to contain corruption. Keep on keeping on. All the best and rest assured of assistance of members of this site.
    For your application, I add that if information is not available with the PIO to whom you have submitted application, PIO should transfer that part of application to the PIO who is having required information under section 6 [3] within 5 days of receipt of application by him. You should prefer first appeal for suitable directives to the PIO. U can also ask for inspection of relevant record and get photocopies of record that contains details required by you during inspection.
    It takes each of us to make difference for all of us.

  3. #3
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    Col NR Kurup (Retd)
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Prima facie an information which is not held by a public authority cannot be obtained from its PIO as per the provisions of the RTI Act 2005.It stand to reason that an information not available cannot be provided.But the question is , should the applicant lump it when the PIO state that it is not available ? An enthusiastic and determined applicant can always ascertain the correctness of the statement of PIO.

    The most effective step when an applicant anticipate the likelhood of the PIO coming out with "not available plea" is resorting to inspection of concerned file first before indicating the information one need. The study of the file with its notings will invariably convey existance or non-existance of the required information. Note down the relevant specific particulars and corraborative facts from the file before asking the information. When one has seen the information or factors corraborating its existance and ask such specific information the PIO will never be able to deny its existance. In case he still denies, one has all the particulars needed for the first and second appeal.
    Last edited by colnrkurup; 19-06-08 at 04:31 PM.

  4. Re: What steps are to be taken in order to get the information, which is not available with the PIO?



    I had experience of inspection of files and file notes.The intersting point is that when the Govt. officers wanted to 'hide' information or tried to help corrupt persons , then it was tactfully noted as "speak" or "discussed" and no specific reason was available of taking those decisions for helping corrupts. Whenever reason of administrative decision was asked for, invariably no reply was provided. AA supported. Action wrt to second appeal is yet to be taken. Another important observation was that some Govt. officers opined that they were helpless as they had to do certain things as per direction of their senior officers ( Secretary) or the Minister in charge. One specific example may be mentioned in this regard- One responsible officers initiated one enquiry against certain 'irregularities' , but almost instantly one official correspondence/ direction was sent to those concerned officers - not to initiate any administrative action. Later on specifically it was mentioned that 'no need of any enquiry, when asked by the enquiry officer. Everything is known to all these officers as it came in the news paper. But no body bothers. The concerned minister expressed his views against 'corruption'. PIO provided all information--- but what is to be done ?

  5. #5
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    Name:
    Col NR Kurup (Retd)
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    You cannot wil all the time. The smarter lot will always find a way to get out. It is the question of wit. A struggle for existance and survival of the fittest.

  6. Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Moved from New Member Introduction.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  7. #7

    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    If an info is not available with a particular PIO it is not possible for him to provide it. He may also not always know with what other public authority it may be available. But in the instant case u may try with the A.C.B. unit to provide the list of persons trapped or convicted from this particular office. Then u may tally it with the info provided by the MSED. If there is any discrepancy u may file an appeal for providing wrong info.

  8. #8
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    C J Karira
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    In general terms it is correct that the PIO can only supply information that is available with his Public Authority.

    But it is rather strange in this case. How can a Public Authority whose officers/staff have been trapped by the ACB not know or not have any record of those cases ? I think the Administrative Head should know about the pendency/disposal/court appeals, etc. of cases which involve his subordinate officers and staff.

    I suggest that besides filing a new RTI with the ACB (as suggested by many above), also file a First Appeal with MSED Co. Ltd. against the partial denial and misleading information by the PIO.

    If you can upload your original RTI Application and the reply received from the PIO, members will be able to guide you regarding the points to be raised in your first appeal.

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