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    Information denial - how to identify mischief?


    I had send specific questions to the Information officer. I recieved reply stating that "it would take enormously long time to complile for onward transmission". Further, the reply states that I contact a particular person in the related department "who will be able to provide you with the data. He will also be able to give you the necessary staistics ...."

    I wish to clarify the following

    1. whether, this can be considered as DENIAL BY DELAY tactics;
    2. whether, the person who is the appointed as Information Officer is supposed to collect and relay the information requested or direct the applicant to another person to seek all the info requested.
    3. in this particular case, when I approached the person whom I was refered to, and asked whether he has any instruction regarding giving me the relevant info, he catagorically denied any such communication from the Information Officer. I furnished him, a copy of the reply recd from the Info Officer. HE still insists that he has to get written instructions from the appropriate authorities.
    CAN YOU HELP ME - is there any section of the RTI which states or prescribes the format of the reply to all the queries raised by the applicant?


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  2. #2
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    Re: Information denial - how to identify mischief?


    Surenkul,

    Can you please post more details about the information you requested and if there was any particular format you wanted it in.
    On the face of it, PIO cannot ask you to contact another person.....he is supposed to do that himself. He is the PIO of a Public Authority. He can always get assistance from "others" in the public authority to get the information but he must convey the information to you under his own signature.

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    Re: Information denial - how to identify mischief?


    If you want a reply in a particular format, you should write that format in your application and state that reply is required in following format.

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    Re: Information denial - how to identify mischief?



    • If the information has not been supplied by the CPIO, it is denial or atleast considered as the reply of the CPIO. You must approach the Ist Appellate Authority if that has been mentioned in the reply been given by CPIO. If not, you can directly lodge a complaint with the SCIC/CIC under section 18 (1)(e).
    An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

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    Re: Information denial - how to identify mischief?


    Any procedure to complaint to CIC.
    What should be done if no action is take on complaint.

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    Re: Information denial - how to identify mischief?


    I requested information regarding some cases since 1996. From the knnowledge that we had there could not have been more than four cases per year; also the authorities have never bother to keep track of all the cases. Also in some select cases the files went missing intentionally, which would re-surface later if some applicant went asking. I even doubt whether their offices are serious in maintaining records of all these cases. Had they been maintaining meticulous records and registers the info could be made available very easily.
    Is their any provision for not maintaining proper records? I know that they are not of financial nature but pertains to the morale of fellow workers, which in today's work ethos is difficult to maintain.

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    Re: Information denial - how to identify mischief?


    Quote Originally Posted by surenkul View Post
    I requested information regarding some cases since 1996. From the knnowledge that we had there could not have been more than four cases per year; also the authorities have never bother to keep track of all the cases. Also in some select cases the files went missing intentionally, which would re-surface later if some applicant went asking.
    How can information for the year 1996 be old, when applicants around have been asking for documents pertaining to the 1940 & 1950. You are right, the Public Authority has something to hide and are afraid that their underhand dealings etc could be exposed by your application.

    If documents or files are missing, if you have this in writing, you can file a seperate application like in whose custody was this file, name the last person who handled the document, since when it was found to be missing and why no discliplinary action taken against the person responsible. Further, you can also insist that an FIR be filed against the person responsible.

    Best option is to make multiple RTI Application with this PA to learn the truth.

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    Re: Information denial - how to identify mischief?


    Quote Originally Posted by mpai View Post
    Best option is to make multiple RTI Application with this PA to learn the truth.
    Is there any limit to the number of RTI Applications which an applicant may target a particular PIO to derive the skeleton above board.

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