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Thread: advise/ opinion under the RTI Act

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    advise/ opinion under the RTI Act


    Can an individual ask for an advise or opinion in the nature of a query based on hypothetical facts under the RTI Act? Would it constitute "information" as envisaged under the RTI Act?


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    No! RTI applies to information available.

    Hema had said nicely in one of her post here:
    http://www.rtiindia.org/forum/1698-post3.html


    A sample question which I replied today was for:
    1. Give me the name of persons transferred by you?
    2. Had they completed their tenure?
    3. If they have not completed their tenure, why did you transfer them?

    Obviously the 3rd point was not under the purview of RTI Act. Even though I had told him to ask 'Show me the note sheet by which the decision of transfers were made?'
    Last edited by Shrawan Pathak; 10-04-07 at 10:05 PM. Reason: correction of wrong link posted

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    Kushal, The link is not working.

    Have you rejected the whole question or only denied the information to part 3.
    And which clause you have invoked?

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    Kushal, the link opens up only one post by hemasampat.

    Anyhow, if possible, please let me know if there are any decisions where the words "advise", "opinion" as appearing in section 2(f) of the Act, have been adjudicated upon. Thanks!

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    Click on Permalink on the top right corner you will get all the post in that thread.

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    It is not for the PIO to express


    Here is one judgment where CIC Wajahat Habibullah has hold that to quote
    In our view the CPIO has rightly held that it is not for the PIO to express
    an opinion


    Decision_15032007_02.pdf

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    Re: advise/ opinion under the RTI Act


    On the question of opinion and advices CIC receives a number of appeals and applications in which people have wanted a view on why a certain order was passed.

    A view is not really, and does not fall within the purview of an opinion because the definition says 'any material' - therefore a view has to be a recorded view.

    If there is a recorded view, if there is a particular opinion held by a particular department on the application of a particular law, then that can be construed as opinion.


    But if one ask as the Public Information Officer as to what I think of such and such a personality as a leader or a Minister, then it is not an opinion under the Act.

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    Re: advise/ opinion under the RTI Act


    Quote Originally Posted by kushal View Post
    1. Give me the name of persons transferred by you?
    2. Had they completed their tenure?
    3. If they have not completed their tenure, why did you transfer them?

    Obviously the 3rd point was not under the purview of RTI Act. Even though I had told him to ask 'Show me the note sheet by which the decision of transfers were made?'
    I am afraid, the 3rd point if I believe was a question asking for the reason why somebody was transferred before having completed the tenure is indeed information.

    When an incumbent is transferred before having completed his /her tenure, reasons have to be recorded in writing during the transfer committee meetings or what soever. A proper record has to be maintained i.e. if it was a request transfer or some MP/MLA had sent in a demand for transfer or perhaps the incumbent was involved in some crime etc.

    What ever way, this fully falls under the perview of information and has to be disclosed.

    Manoj

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