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murarikabra

Certified copy of documents under RTI

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murarikabra

Sir,

PIO has not mentioned/provided the following in his response:

1. he has not given the CERTIFIED copied of the documents and provided documents without certification (without seal & sign)

   Please suggest the case law, if any, with section where it is obligatory to provide the certified copy of documents only. Otherwise, the PIO may refuse before the FAA or CIC of providing this information

2. he has not mentioned the no. of documents attached with his reply in response to our various queries. This way the PIO may mention any no. of documents before the FAA or CIC.

    So, please guide how to draft my FIRST APPEAL.

3. he has concealed some documents while providing the information (I have copy of the document, he has concealed and not provided)

    Please guide how should I draft my FIRST APPEAL In respect of the above?

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garg0505

The Department of Personnel and Training (DoPT) – the nodal department for implementing The Right to Information Act, 2005(RTI Act) in the Government of India has uploaded two important documents on its website.

The DoPT has issued reasonably detailed guidance for Public Information Officers (PIOs) to help them send better drafted replies to RTI applicants. Every PIO is now required to include in his.her reply- the office number given to the request, name and contact details of the PIO including email address, detailed reasons invoking the relevant provisions of access to information is denied, name and contact details of the appellate authority whom the applicant may approach with a grievance within 30 days of receipt of the reply.

In this regard on this website many times have been discussed.

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Prasad GLN

1)RTI Act Sec.(7) (9) us as follow

" The information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of public Authority of would be detrimental to the safety or preservation of the record in question

2.While providing such copies PIO has to mention no of copies and charges calculation, and the weight of envelope confirms as to whether those copies were provided or not.   According to my knowledge no sensible PIO can stoop to such level of cheating an applicant. So do not assume things, if you doubt integrity of Public servant personally visit for getting those documents in person and save their postage.

3.Assuming that applicant specifically solicited certified copies in his RTI Application,  the following grounds are being suggested. for filing first Appeal:

Grounds for Appeal: PIO has not provided information in the form it is requested un Sec. (7) (9), and sent only xerox copies after charging such amount, when the application specifically mentioned for providing of certified copies.  PIO has not provided the certified copies of following listed documents though they are available.  Treating the information is deliberately malafide as PIO has not provided complete, correct and relevant informatin this first Appeal.

List of documents not provided as certified copies.

1

2

PRAYER: Appellant prays for direction to provide such certified copies, or may take back the xerox copies provided and certify them as as per DOPT directives .  PIO may also be directed to provide those certified copies which were not provided.

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koteswararaonerella
On 7/25/2018 at 1:38 PM, murarikabra said:

Sir,

PIO has not mentioned/provided the following in his response:

1. he has not given the CERTIFIED copied of the documents and provided documents without certification (without seal & sign)

   Please suggest the case law, if any, with section where it is obligatory to provide the certified copy of documents only. Otherwise, the PIO may refuse before the FAA or CIC of providing this information

2. he has not mentioned the no. of documents attached with his reply in response to our various queries. This way the PIO may mention any no. of documents before the FAA or CIC.

    So, please guide how to draft my FIRST APPEAL.

3. he has concealed some documents while providing the information (I have copy of the document, he has concealed and not provided)

    Please guide how should I draft my FIRST APPEAL In respect of the above?

 

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koteswararaonerella

P.iO is BOUND TO SEND CERTIFIED COPIES OF INFORMATION if you specially ask for the same and NOT  AS A MATTER OF ROUTINE.If you have asked for certfied copies and did not get them YOU WRITE BACK TO HIM FOR CERTIFIED COPIES you will get

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