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  1. #1
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    Information Officer doesnot write reason for refusal


    IN one of the application the Information officer simply stated "Information asked in para 1,2,&3 cannot be disclosed".

    I was wondering weather the Officer should write why is he refusing to give information?
    Thank you in anticipation.


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  2. #2
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    Reason which may be given where he agrees to furnish the information may be formal unless the matter involves third party interests. Where he refuses to give information he shall nessessarily state the reasons for rejecting information asked for.

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    Ok! So should I ask him again? Or should I directly go to appeal?
    I mean there is any scope of review?

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    here, in your case if it was partial disclosure then you can ask for review. However if there is total refusal to furnish the information the remedy is appeal.

    Generally speaking, review can in about for the amount payable as charges and also on the decision regarding non-disclosure of a part of the information. Therefore, there is no review of the proceedings of the Information Officer if there is a total refusal to furnish any information.


    This is very important aspect.

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    Reject of Application


    When a application under RTI is rejected the CPIO is bound to provide three things along with the rejection letter:
    (i) the reasons for such rejection;
    (ii) the period within which an appeal against such rejection may be preferred; and
    (iii) the particulars of the appellate authority.

    Subsection 8 of Section 7 provides for the same. It reads,

    (8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
    (i)

    the reasons for such rejection;
    (ii) the period within which an appeal against such rejection may be preferred; and
    (iii) the particulars of the appellate authority.

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    Re: Information Officer doesnot write reason for refusal


    sir, if the public information officer has refused to give information without stating the exemption clauses under which the information sought falls, then he has clearly defied the law. the only remedy is to go for appeal right away. the matter must be pursued to its logical end i.e. punishment of the information officer concerned.

  7. #7
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    Re: Information Officer doesnot write reason for refusal


    snkmoorthy,

    PIO quoting the section number or quoting the section text ad-verbatim is NOT ENOUGH.
    He must apply his mind and give a reasoned order as to why that particular section is applicable in the present case.

    Please see my following post:
    http://www.rtiindia.org/forum/2094-w....html#post7521

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