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rsmurthy1951

Allowed Inspection, but refused to give certified copies

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rsmurthy1951

I was allowed inspection of documents by PIO on 08 Jul 09. During the inspection I have pinpointed a document (containing about 15-20 sheets). However, by an order dated 21 Aug 09 th PIO has refused the provide the certified copy of documents. The operative portion of the order is :-

"Awards for Excellence/exemplary Service 2008 contains personal information of several employees as well as the confidential recommendations made by various Unit Heads/HODs. Moreso, it is apprehended that imparting such information would impede the process of awarding commendable work done by employees of the Company and will adversely affect the sanctity of such as recognition process for employees. Since the same will not"serve larger Public Interest", disclosure of such information will not be consistent with the provisions of RTI Act 2005"

Can I appeal to First AppellateAuthority for providing certified copy of document pinpointed by me during inspection.

R S Murthy

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jps50

Yes U should file first appeal and specially mention that info can be denied u/s 8 and 9 only as stated in section 7 (1) and for no other reason. PIO can severe non-disclosable info under section 10 after giving reasons u/s 8 or 9 for undisclosed portion.

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karira

1. What did you ask for EXACTLY in your application ?

Did you ask for inspection only ?

Did you ask for certified copies only ?

OR did you say that you want to inspect and during inspection you will select certain pages for which you require certified copies ?

 

2. In any case, once you have been allowed to inspect, technically the information is already "given to you". Then, there is no reason for the PIO to deny "certified copies" of those records which you already inspected.

 

F.No.CIC/AT/A/2008/00191

Dated, the 01st August, 2008.

 

5. It is turning out to be a somewhat odd case in which having disclosed a set of documents through inspection to an applicant, the respondents have now come up with a plea that copies of the inspected documents should not be disclosed. They have confessed that earlier inspection allowed to the appellant was a mistake.

6. Considering the fact that the information now stands disclosed in terms of Section 2(j) of the RTI Act through inspection, it doesn’t stand to reason that

copies of the inspected document should now be denied to the appellant. If allowed this position will be vitiated by inconsistency.

7. In view of the peculiar status of this disclosure request, it is directed that no purpose is going to be served by withholding copies of an information which has already been disclosed to a petitioner through inspection, hence the respondents may provide to the appellant copies of the documents he has already inspected. This may be done within the next two weeks.

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rsmurthy1951

Thank you Kaira Sir. I remember, when I made the request I have specificially mentioned that during inspection "I will pinpoint certain documents" certified copies of which mayplease be furnished to me. In fact this suggestion of "pinpointing"documents was your advice. Once again thank you.

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vishwasb

Dear All,

 

I have asked to inspect some files for which i have been asked to go to the office anytime during office hours on a weekday.

 

I would like to know the following:

 

1. Can I take photocopies if I come across anything which I feel might be either interesting or amiss in the whole scheme of things?

2. If this is refused, what can be the grounds for refusal?

3. What are the rules pertaining to taking photocopies of either one one, or many or the entire file at the time of examining the file?

 

Thanks & regards,

 

Vishwas

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ambrish.p

Dear Vishwas

 

Please go through the earlier discussion in this thread.

 

If you have any further doubts, please post them here and our members will be pleased to guide you further.

 

reagrds

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