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karira

Information cannot be denied under Sec 7(9) but only provided in another form

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karira

The CIC has ruled (like many times in the past - also by courts) that Sec 7(9) cannot be used to deny information.

 

 

 

13. The Commission observes that the CPIO cannot take protection of section 7(9) without any basis thereof. Under Section 7(9) of the RTI Act, the Public Authority can deny information in a particular form but it cannot refuse totally. The said subsection does not provide additional ground for denial of information. If section 7(9) applies to the tontext, the respondent authority has to give information in the same form as available. The Commission, therefore, issues Show Cause Notice to the CPIO for wrongly denying the information by citing Section 7(9) of the RTI Act. His explanation should reach the Commission within 3 weeks from the date of receipt of this order. The FAA is also advised to give speaking order and there should be no ambiguity in the order.

 

14. The Commission further directs the Public Authority to implement the guidelines issued by the DOPT and upload the RTI questions and responses, first appeals, FAA orders and further information given by the CPIO, if any, after the FAA order, Second appeals, CIC orders and compliance etc on the official website. It should be petitioner/appellant wise, so that when clicked on that name, all this information should be displayed in the website.

 

15. The Commission orders accordingly.

 

 

http://www.rti.india.gov.in/cic_decisions/CIC_SA_A_2014_000251_M_143424.pdf

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