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humhongeykamyaab

Inspection of Documents under RTI Act, 2005

Question

humhongeykamyaab
Posted (edited)

Namaskaram,

1) Even though I have not mentioned in the original RTI application, can I still inspect the documents at the Public Sector Bank? (PSB)

2) Do I have to intimate the branch manager prior to coming for the inspection of the documents? Do I have to give a notice?

3) On meeting the GM's of the concerned PSB, I was shown off the records a copy of the internal inquiry that the GM had ordered - for the overpayment of pensions, based

on my several complaints. But I was not given a copy of that letter. The GM was of the view - " Why do you need it? I am not obliged to provide it to you"?

So in case I inspect the documents, can the bank remove the copy of the letter from the Pensioners file? For that matter, can the bank remove all the incriminating evidence which may come up in the file inspections, those evidence which makes the bank culpable for any violations- including the overpayment of the pension? Is the bank authorized to do so?

And if the bank does it, what action can I take as an RTI Applicant?

4) Can i take someone else for inspection as well? Can the bank object about it?

5) And  do you suggest that I turn up to the bank for inspection without notice? Is it effective?

6) And lastly -want to know about your experiences of doing such inspections? I was shocked to know that the GM was not aware about the right to inspect the documents under RTI and he had to call his legal officer to validate what I was saying. 

How do I avoid unpleasant situations where the bank refuses to cooperate?

And what precautions should i take?

 

7) Lastly - non - Inspection related question: there is something called as audit committee of the board & Board members for Grieveance Redressals - these are listed in the annual report.

How do I get their details- contact numbers, email ids etc/ These are all independent directors. And the HO Blocks any such query for these details.

Thank You.

Andy

 

Edited by humhongeykamyaab

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Prasad GLN

1.Inspection is one form of seeking information and you have to specifically request for such inspection and also state the files you like to inspect and ask PIO to inform two dates and timings.

2.It is the duty of CPIO to fix up inspection date, timings and concerned officer who has to assist you and appellant can only confirm such date of his choice as courtesy.

3.A PIO is not concerned with objectives of information and must provide all that information which is not exempted under Sec. 8 (1) of RTI Act.  Providing that there is no such document amounts to misleading and has to be treated as malafide. The violations must be brought to the attention of IC with prayer to record the malafide intentions of CPIO.  These matters has to be raised only before CIC with specific evidence on the existence of such documents.

4.There is nothing either to permit or refuse assistance.  In case of sensorily disabled CPIO must consider.  In other cases, several applicants may file single application duly signed and every one may get the opportunity of inspection, as a right individually.   If A wanted to take assistance of B expert, application can be signed by both A & B as joint applicants.  We always suggest for alternates, if we suspect foul denials and we should not give opportunity to PIO to reject/deny.  

5.When inspection is one form of providing information, one can seek information only through application, and it is the obligation of PIO to agree for such request or deny with such exemptions under Sec. 8 (1) within 30 days from date  of  receipt of application.  It is not effective but futile and gives unnecessary chance of friction.  One has to be invited for inspection through such response in writing.

6.Search in Blog by JP Shah, a banker himself and send hard copy to GM and Nodal CPIO and educate them.

7.Without iota of doubt, the bankers will never co-operate, and knowing their attitude, one should always plan for due process through second appeal by CIC and take all precautions to fix their violations as deliberate and malafide.

8.A citizen is entitled to any information available as material record unless exempted under Sec. 8 (1) and a citizen is entitled to seek any information, and it is left to PIO to deny information stating such exemption under Sec 8 (1) and with such justification for applying that exemption.  After such denial, during first appeal and second appeal, the burden of proof always rests on CPIO for such denial and applying that exemption.

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