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harindersinghrawat

First Applelate authority states that information can not be given due to old record about 30 years

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harindersinghrawat

Respected sir,

 

First Applelate authority states that information can not be given due to old record about 30 years. The information i asked will reveal how the department issue forged TC.The same issue wsa also raised by rajasthan patrika, I made second appeal with Rajasthan information commission . request please guide me or give some jugement referance so that i can make my ground strong during 2 appeal hearing. I also sent newspapaer cutting along with 2 appeal to Rajasthan information commission.

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karira

Information has to be provided if it is available on "record".

Has the record been destroyed ? If no, then they have to provide it OR provide proof of destruction of record.

 

Remind the SIC about Sec 4(1)(a) where the PA is supposed to index and catalog its entire records. If they had done that, then question of old or new records will not be there.

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harindersinghrawat

sir if you have any judgement reference please provide me in this regard. Further after filing second appeal PIO replied that it is impossible to give record due to old record. Now as i already did 2 appeal will i have to send this information to Rajasthan information commission. If yes please do guide me other details or request i can make to rajasthan information commission. As i read many judgement that commission disposed of application ordering that PIO has made his best effort but it is untraceable so the application is disposed off. I therfore doubt that it shold not happen with me.

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MANOJ B. PATEL

In a case of ; Greenhood Co-operative Housing Society Ltd. v. State of Bengal, AIR 2009 Cal 129 it was held that," Where information was sought for pertaining to documents of co-operative society it could not be refused merely on ground that document was more than 20 years old."

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Prasad GLN

Any record that is available must be provided as information under RTI. Information denial as per RTI Act can be only specifying exemptions under Sec.8 or Sec.9 alone.

When there was never any exemption stating the age of any record, there is no question of denial on such invented clause. In case the record is destroyed, PIO can only state that information could not be provided as records were destroyed.

However very smart PIOs including those who belong to Navaratna groups also deny information stating that clause that they need not provide information, if the information is more than 20 years old .

The following is the stipulation in RTI Act that states of age related information and this is being mentioned by smart PIOS as reason for denial. That is incorrect and a misinterpretation. Infact this states exemption to exemption Sec. 8 (3)

"Subject to the provisions of clauses (a) , © and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date of which any request is made under Sec. 6 shall be provided to any person making a request under that section.

 

Unless*proved*that*record*was*destroyed*as*per*the*prescribed*rules*of

destruction/*retention*policy,*it*is*deemed*that*record*continues*to*be*held

by*public*authority.*Claim*of*file*missing*or*not*traceable*has*no*legality*as

it*is*not*recognized*as*exception*by*RTI*Act (CIC decision)

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jps50

Age of document has nothing to do with supply or non-supply of information. If it is on record, it has to be supplied. On the contrary, certain restrictions for denial stated in section 8.1 do not apply to record older than 20 years.

 

In case if record is destroyed or is missing you may refer:

 

Destroyed Record:

http://www.rtiindia.org/forum/blogs/jps50/3595-destroyed-record.html

https://app.box.com/s/648yo5slggamge3wwx2w

 

lost/missing records:

http://www.rtiindia.org/forum/blogs/jps50/172-missing-untraceable-records.html

https://app.box.com/s/hoxti66i4pce73haqpsx

 

and attached recent decision of Central Information Commission.

MISSING RECORDS 290814 IMP.pdf

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