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Question

gregjenings

I have asked certain information from Directorate of vigilance Delhi and the information is denied  on account of  "disproportionately diversion of the resource of public authority" and " information is beyond the scope of 2(f) of the RTI Act 2005"

Please advise me How can file my first appeal with relevant Judgments or orders so that I can receive the said information at the earliest.

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Prasad GLN

Public information officer has to either provide the information or deny information stating such clause under Sec. 8 sub section 1 as exemption with such justification.

Please go through Sec.8 (1) and the denial stating " disproportionately diversion of the resource of public authority" was no where stated in such sub section as exempted information.  There were many CIC decisions that stated that this stipulation is not an exemption under RTI.

Unless member posts the exact query, precise answer as to whether it covers under Sec.2 (f) can not be given.

In General a PIO must provide that information which is available in material form in his custody if it is not exempted specifically under Sec. 8 (1)

Go for First appeal to FAA 

Grounds for first Appeal:  a) As per Sec.7 (1) PIO can only "reject the request for any of the reasons specified in Sec.8 & Sec. 9"

b)2.There is no such exemption in Sec.8 (1) that states that PIO can reject the request on the ground that providing of information disproportionately diversion of the resource of public authority"

c)It was upheld in umpteen second appeals by CIC that information can not be rejected with the  reason "disproportionately diversion of the resource of public authority

c)PIO has also not provided for any justification for applying such assumed reason for exempting information and quoting some reason in way relevant to deny information legally and not offering any justification for such denial was treated as "deliberate and malafide denial"

Hence this first appeal.

 

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gregjenings

Thank you for your detailed reply since the officials are corrupt , I would highly appreciate if some judgements would be shared here so that the officials wouldn't get any chance to further delay or deny the information.

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Prasad GLN

Let us not try to teach PIO/FAA the Act, and it is sufficient to quote the stipulations in RTI Act.  You can study the blogs in this forum if you are interested in quoting those citations.

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