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Gurlovleen

Corporation Denied my application for Inspection

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Gurlovleen

BMC denied my application requesting Inspection of files related to Diesel procurement for the year 2014-2017 in Engineering department.It is alleged that large scale of corruption has happened regarding diesel procurement .Recently,Vigilance arrested the Commissioner of Corporation for taking Bribe .Also some technicians were arrested for diesel theft and cases filed

 

The PIO has replied that I need to pinpoint the exact department such as UDG,Construction,etc and seek inspection of files.Also they have stated that inspection has been denied on the ground that the collection of the information would disproportionately divert the resources of the Public Authority

 

Pls Advice on First Appeal

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Prasad GLN

Go for first Appeal and state correct Department and also with the grounds that PIO can only deny information as per Sec.8 and sub section with such justification as to how collection of information would disproportionately divert the resources, when inspection was alone solicited.

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Gurlovleen

Sir,

 

Thanks for your help.I need to inspect all the files related to diesel procurement for a period of 2 years from all the internal departments of Corporation.I've mentioned that in my application.I don't know which department has involved in corruption and who are not?. Again regarding inspection regarding the files related to diesel theft, PIO has replied that not only the inspection of files would disproportionately divert the resources of the Public Authority but also detrimental to the safety or preservation of the record in question.Its hardly a 3 yr old file and I wonder How it would be detrimental to the safety or preservation of the record in question.

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Prasad GLN

Just Be cool and ask that information first.

Please Provide me the custodian of records related to diesel procurement for internal departments of Corporation.

 

(Do not bother about PIO reply, he can offer inspection if he has apprehension and safety of records, as some official sits with you and takes care of the safety. Only if certified copies are to be given, and when such Xerox Machine is not available, it is risk to send record to outside premises for such xeox. The records were preserved. Some one either you or their own officials should check the records at one time or other. Then where is the question of risk involved for safety/preservation.

At this point of time, I could not verify the section and sub section though I am sure that such exemption was never stated as reason for denial in Sec.8..Please refer. PIO can deny information under sec.8 with justification. However he may deny the form requested if it disproportionately diverts the resources (Which also never accepted by CIC so far) safety and preservation etc. Just check those sections.

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Gurlovleen

Thank You Sir

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Sunil Ahya

That providing the requested information would disproportionately divert the resources of a public authority or that it would be detrimental to safety or preservation of the record is not an exemption under section 8 and 9 of the RTI Act.

 

The PIO has merely copy / pasted section 7(9) of the RTI Act and replied to you for the sake of it, so do not think too much on that front.

 

Section 7(9) is all about the form in which an information may be provided when there are multiple forms in which it is available with the PIO, for example hard copy form v/s. soft copy form.

 

You need to file a first appeal. Please refer to the blog on the following link for preparing your grounds of appeal:

 

Understanding section 7(9) of the RTI Act

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