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Shree Vathsan

Inspection of General Diary at Police Station

Question

Shree Vathsan

Can the General Diary of the police station where particulars of "All the details in r/o criminals arrested and entry of arrival/departure of all enrolled police officers on duty with nature of their duties, duty performed and places visited etc."   are maintained be inspected and photo copies sought from a particular police station under RTI?

Is there any particular clause/section that needs to be quoted for inspection under RTI? Any format available for inspection under RTI?

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Prasad GLN

Remember there were never restrictions in RTI Act in seeking any information and those exemptions with justification must be stated by PIO with his denial of information.

Seek information as a right for any public record, if it is denied, before going for appeal come back for guidance. and prepare a pucca first appeal.

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Sunil Ahya

Description of Information Required:

1. In-accordance with the provision of section 2(j)(i) of the RTI Act, kindly provide me with an inspection of XX documents.

Please note that, during the process of aforesaid inspection, I shall select the required information, kindly do provide me with a certified photocopy of such selected information on the payment of prescribed fees.

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Shree Vathsan

After 60 days of no reply, I had filed a first appeal. Now the PIO has replied that in order to inspect station diary I need to get permission from higher police officials. However he has not mentioned the name and designation of higher officials nor transferred under 6(3) of the RTI Act. Further no Sec under 8 or 9 of the RTI Act has been mentioned.

Sent from my SM-J510FN using RTI INDIA mobile app

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Prasad GLN

Just quote the RTI sec.7 and go for first appeal stating that SPIO has neither provided the information nor denied information, and forgotten his powers to refer the matter and take the assistance/help of his own officials when such permission is required as per laid down norms. Treating this as deemed denial of information, this first appeal .

PRAYER: SPIO may be directed to take assistance of such officials as required for providing of such inspection as per laid down norms and for providing the dates of inspection with two options.  This should be done as expeditiously as possible as SPIO has to communicate a deemed denial has taken more than 60 days.  The information on inspection has to be provided as expeditiously as possible and such certified copies has to be provided free of cost.

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Sunil Ahya

File a first appeal with the concerned First Appellate Authority on the following ground:

Grounds of First Appeal:

1. That, there is no provision under the RTI Act which mandates that a RTI applicant has to seek permissions from higher official before seeking an inspection of information.

2. A conjoint reading of the following provisions of the RTI Act, reasonably establishes that a Public Information Officer under the RTI Act, is the only officer who shall deal with the request for information including inspections sought under the RTI Act, and no other officer can discharge that responsibility in lieu of a PIO except where a PIO seeks the assistance of such an officer by invoking section 5(4) read with 5(5) of the RTI Act.

Please find section 5(3), 5(4), 5(5), 7(1) and 7(2) of the RTI Act quoted below for your perusal:

Quote

 

Quote:

Section 5(3) Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

Section 5(4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
Section 5(5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be.

Section 7(1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:

Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

Section 7(2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.

Unquote.

 

 

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