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jhaamit

"Why" in RTI query

Question

jhaamit

I have filed an RTI query for the transfer of PF amount.

One of the questions was:

Quote

Why is the CLAIM ID APHYD************ still under process

The response to it is:

Quote

Regarding the information sought with prefix "why", the applicant is informed that the definition of information cannot include within its fold answers to the question "why" which would same thing as asking the reason for justification of a particular thing. The Public information Authorities cannot expect to communicate to the citizen why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information as per the judgment of Hon'ble High Court of Bombay in W.P No.419 of 2007.

Is this response correct?

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3 answers to this question

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Sunil Ahya

Please find attached herewith the CIC decision wherein it had ruled as follows:

Quote

Simply because the appellant has prefixed his query with why and what does not debar him for receiving information, which is admittedly a part of the record held by the respondent.

 

prefixing of why & what doesnt debar applicant from receiving info..pdf

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Prasad GLN

The PIO is quoting very old Judgment.  It was held in CIC decisions that if the information is available on record in material form it has to be provided, as RTI Act never stipulated any form of seeking information.

For example:  Who is Prime Minister of india   is interrogative form

Please provide the name of the Prime Minister of India is a simple sentence.

If PIO has in his records material form naming such PM, he can not reject the information on grounds that it is interrogative.

PIO can only deny information as per exemptions stated in Sec.8 or Sec.9 of RTI Act.

Either you can file simple RTI to same PIO or go for first appeal so that you can educate Public Authority PF who is not still knowing fundamentals even after 14 years after RTI came into force .

Simple form:

1.Please inform the reasons for delay in transfer of PF from.................to.................

2.Please inform time frame fixed under citizen charter for making such transfers.

3.Inform the name of the employee, and his supervisor, designations, mobile numbers and full address that are purposefully delaying transfer and neglecting their duties.

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jhaamit

Thanks @Sunil Ahya The way the response is highlighted is very helpful along with the whole judgement in pdf attached in this post

 

Thanks @Prasad GLN . Both the sentences are same and convey the same meaning. May be my language was little aggressive in RTI.

 

These people just don't want to do any work and hence such excuses.

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