Asking for inspection of record instead of giving file record

inspection of records under RTICentral Information Commission, after giving one of the important judgement “No provisions to deny information on grounds that it disproportionately divert the resources“, citing case law from Kerala High Court now has issued show cause notice to Public Information Officer (PIO), as to why instead of giving the file under RTI Application, he has offered applicant to inspect the record.

In a similar citation posted at out law segment here: Can PIO direct inspection of records under RTI without knowing where the information is?, Central Information Commission (CIC) has decided that 

Considering such response of asking appellate to do the inspection, where the PIO himself does not know where the information is, the Commission, considered such response as ‘Denial of Information” and directed the Public Authority to provide information

An RTI was filed for seeking copy of file in which govt. is planning to approach SC for grant of 50000 additional auto rickshaw along with the file noting and released 15000 permits for SC/ST/OBC category. CPIO asked the complainant for inspection. The applicant made the complaint before commission for imposition of penalty for obstructing in providing information.

Asking for inspection of record instead of giving file record

CIC in it’s decision here stated that “the then Motor Licensing Officer, Auto Rickshaw Unit, Burari (as on 7.2.14) to show cause as to why he offered inspection when the Complainant had sought the entire file. He is directed to submit his response so as to reach the Commission within three weeks of receipt of this order.”

You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
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  • Lohit

    Service record of an govt employee attested copies shall given to the rti applicant

  • S.P.Tuteja

    Can a PIO insist and compel RTI applicant for inspection of records which he himself claims voluminous, not providing information in 90 days including another 70 days from defiant PIO who is maintaining and updating the files and wasted weeks in correspondence, providing only scant but false informations which are grossly and documentarily evident as false, In short PIO clearly with held incriminating informations. Can the Information Commission overlook all these serious discrepancies and reject the appeal simply on grounds of delay alone in filing appeal with the Commission of a few days.

  • subba rao kapavarapu

    The applicant asked 650 persons punishments copies. The SIC,Hyd informed to give copies within one week with free cost. It is very difficult to give copies. PIO inforned to inspect the records and then only supplied as per your requirement, wether it is correct or not

  • Swaraj Foundation

    Thanks for sharing this Crucial Information

  • Anonymous

    A Landmark Decision from the Hon’ble CIC

    • sham sunder

      mere hisab se 70 % PIO sochte hai ki applicant faa ke bad sic/cic me nahi jayega . Isiliye wo mangi gai RTI letter ko ignor kar dete hai . is case me agar 650 persons ki punishment copies ki jankari deni thi to PIO ki agar niyat saf or jawab dene ki hoti to uske pass lagbhag second appeal ki hiring tak 5 months ka time tha .I think this is correct decision ,