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vijaysamrat

PIO answers that the information is available in our website.

Question

vijaysamrat

Sir,

In response to an RTI Query, the PIO writes that the asked information is available on our website.Before filing the same, I visited their website and found the information I requested was not there, and sent the RTI query.The stand of the PIO seems to escape from the questions and making the queries by generalizing it.What shall I do as the required information is not available online on the web?

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Prasad GLN

1.A  PIO is expected to provide that information available in material form that is in his custody.  Once it is uploaded, it is not in custody of the PIO and in public domain.  In view of this, experts in the forum advised members to seek such information in the form of certified copies.

2.For you there are two options.

a)File fresh application and seek such information in the form of certified copies, so that PIO can himself check whether it is in public domain or not.

b)after receiving such information file first appeal on first RTI, that PIO has provided misleading information that the information is uploaded in website though it is not available.

3.Or go for first appeal, seek first hearing in person, and let PIO present that information downloaded from website of the FAA's office himself. (If you have smart phone, do carry that with another hard copy of that information which is uploaded in website without information solicited by you.

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garg0505

Similar situation is also face by me. Even in my case FAA authority neither given opportunity to hearing nor given any orders with in stipulated period of 45 days.

Therefore, I filled 2nd Appeal with CIC on line, and same has been registered for further hearing and orders.

Since the majority of PIOs are not performing their duties under RTI Act, further they're aware that decision of CIC will come after a lapse of 2 years therefore they are acting like rock for providing information.

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Prasad GLN

We should always be thankful to such adversaries, as they provide us opportunity of learning though they may cause inconvenience to us in short run.  Now, please inform and help in learning as what should have been better in such cases as per the post query.  Share your experiences and the manner you have explored other avenues as alternates.

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vijaysamrat

Thanks Prasad Sir for the guidance and reply.I am going to opt the first option as advised by you.I will post the response of PIO once I receive it.Thank a lot Sir.

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sppataskar

Central Information Commission, New Delhi, in its Order No. CIC/PBA/06/136-4 dated- 4.10.2006 observed that even if information sought is available in the Gazette, the PIO is bound to furnish the information and can not ask the Information seeker to search for the  same elsewhere. 

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Prasad GLN

.I am afraid that there is lot of difference between information uploaded  in their website (Public Authority) and gazette publication.  

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sppataskar

Yes, I admit. But a common man do not have access to the information uploaded on web site.. That's why the Central Commission use the wordings as in the order as follows:

"PIO can not ask the Information seeker to search for the  same elsewhere."

 

 

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garg0505

Since most of PIOS are not performing according to their duties defined in RTI Act 2005, and further for their negative approach, Central Information Commissioner in most of cases,  PIOS being left by warnings thereby instead imposing penalty.

Therefore, it's become a very disappointing to get the information within stipulated period. Even by filling 2nd appeal you have to wait atleast for two years. The soul of RTI Act being slowly murdered.

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jj99

 copy pasted below is rule of an high court bars all information which is on website

 query on certified copy is answered only with reference to generic website and not even the actual URL(web address)

first appeal is dismissed

 

 

image.png.fed69d26540acd471ea80fc29d964182.png

 

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Prasad GLN

Let us not mix up issues when the guidance is required as one time measure for one member.  It must be accepted that statute and practice is more powerful than individual rules and regulations, though it was formed by HC.  In view of this even in HC if some one asks for certified copies, even HC can not state their rule and Indian Evidence Act specified what is copy and what is certified copy.

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