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Shree Vathsan

First Appeal

Question

Shree Vathsan

Can anyone suggest me points to be added in this first appeal. The PIO has quoteD Sec8(i)(h) and has denied information of report given for submission to SHRC. How mere providing a copy of report prepared after completing preliminary investigation would hamper the course of investigation is not known.

 

Sent from my SM-J510FN using RTI INDIA mobile app

 

 

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Prasad GLN

Generally, members do not prefer to open such attachments from strangers.

Always state exactly what was solicited and what was provided/denied to you.

You can go for first appeal stating that mere denial information amounts to deliberate and malafide denial and it is the duty of the PIO to establish that disclosure of that report to this specific applicant can hamper the course of investigation.  Justification for denial as to how such stipulation specifically applies to this information is mandatory.

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Sunil Ahya

Please prepare your grounds of appeal by both referring as well as enclosing the CIC decision attached herewith this post:

 

CIC 8(1)(h).pdf

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Shree Vathsan

Question asked

1. Certified True Copy of the Report given by Joint Commissioner West Zone for submission to State Human Rights Commission on suo moto cognizance of the cab driver Rajesh death(due to Police abuse/harassment)  issue.

Reply given

1. Under Sec 8(1) (h) of the RTI investigation is in progress and information cannot be provided. 

Actually I had sought a copy of the report prepared in response to the suo-moto notice given by SHRC to Police Commissioner. Though the SHRC notice  issued to Commissioner asked for reply within 30 days, its well over 6 months now and the Police Commissioner has not given the report to SHRC. The Police Commissioner had deputed JC West Zone to  investigate into the matter and prepare the report. She has prepared the report and given it to the Police Commissioner who for some reason has not submitted it to SHRC. 

Now I filed an RTI with PIO Police Commissionerate asking for the report given by JC, which got transferred to the JC herself and she has quoted 8(1)(h) of the RTI for denying the information. 

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Sunil Ahya

Ignore the transfer part, as far as, one of their PIOs is replying to you.

Where a particular PIO is neither transferring the RTI nor providing the information on the ground that the information is not available with his office, in which case he is supposed to access the information from another office of his public authority and provide it to you under section 5(4) read with 5(5) of the RTI Act. Kindly prepare your ground of appeal accordingly.

Ground of Appeal:

1. The PIO has stated that the requested information is not available with his office, in which case, in accordance with the letter and spirit of section 5(4) read with 5(5), the PIO ought to have sought the assistance of that officer of your public authority with whose office the information is available by invoking section 5(4) read with section 5(5) of the RTI Act, however, the PIO has not done so.

Thus, the PIO has disposed of my request for information against point no. XX of my RTI application in violation of the letter & spirit of section 5(4) read with 5(5) of the RTI Act.

Kindly find section 5(4) & 5(5) quoted below for your reference:

Quote

(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.
(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.

 

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