Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
  • 0
s_srikumar

Denial of Information

Question

s_srikumar

I had a very bad experience Tamilnadu State Information Commission.

 

1. I asked HR&CE PIO to provide the details avaiable from the record maintained for the past 20 years. SIC told me that applicant can’t ask for the details which are 20 year old. Based on this question, it can be directly rejected….

 

Is there any section in the RTI which gives such power to SIC to reject my RTI?

 

2. The PIO had given the information in the plain paper (hand written) i.e. without any signature / government seal. I told to SIC…the hand written document without signature is not acceptable. Such relay is legally not acceptable; I further told… I can’t use these documents for litigation purpose. For this SIC replied.. There is no provision in the RTI to ask for the document with signature.

 

Please guide me on this. Without signature I will not be able to file litigation

 

3. Incase if I am not satisfied with SIC answer, to whom should I approach?

 

4. When I complained about the denial information for few of my basic questions like... Number of employees, qualification of the trustees… SIC replied…PIO can only provide the information which is available with him. PIO can’t do the research for our questions… All my questions comes under section 4… Still he replied in this manner.

 

How do I proceed further on this?

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0
dr.s.malhotra

The Order of IC is wrong on points 1,2 and 4.

If what you write is true , then it is sorry state of affairs at TN SIC . The concerned IC must get some lessons on RTI Act to be able to chair the post of Information Commissioner .

 

On point 3 : You have to approach HC with writ petition .

Share this post


Link to post
Share on other sites
  • 0
jps50

There is no restriction of age of information that can be accessed. On the contrary, if information is older than 20 years some of the reasons [ a, c, i of section 8.1]for non-disclosure will not apply as per section 8.3. Any information or document supplied under RTI should be authenticated by custodian of that information with his signature, seal and preferably date and his name. Information you received on plain paper is no information since it cannot be used for official or legal purposes.

 

It indicates total lack of application of mind or lack of knowledge or extraneous consideration. You may represent in details query-wise to Chief IC of TNSIC requesting review by larger bench, since it has power to review orders and decisions which are patently illegal on face of it.

 

If you fail in this review petition, you will have to challenge in High Court by way of a writ. It is costly and time consuming.

 

You may also refer:

 

Not satisfied with IC

http://www.rtiindia.org/forum/blogs/jps50/1050-not-satisfied-decision-information-commissioner.html

 

You can also later on lodge complaint with State Vigilance Commission to enquire the matter from vigilance angle for such orders.

 

Sec 76 of Indian Evidence Act 1872

 

76. Certified copies of Public Documents - Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officers with his name and his official title, and shall be sealed whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies.

Explanation - Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents or parts of the public documents of which they purport to be copies.

Share this post


Link to post
Share on other sites
  • 0
s_srikumar

Thanks a lot for your information. I am doing the appeal again to SIC.

Share this post


Link to post
Share on other sites
  • 0
karira
Thanks a lot for your information. I am doing the appeal again to SIC.

 

Rather than file a formal review, first meet the concerned IC and tell him all the above facts/citations.

See the response.

If he seems to be very obstinate, there is no point in filing for a review.

better approach the HC directly.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • Shree Vathsan
      By Shree Vathsan
      Can the General Diary of the police station where particulars of "All the details in r/o criminals arrested and entry of arrival/departure of all enrolled police officers on duty with nature of their duties, duty performed and places visited etc."   are maintained be inspected and photo copies sought from a particular police station under RTI?
      Is there any particular clause/section that needs to be quoted for inspection under RTI? Any format available for inspection under RTI?
    • Shree Vathsan
      By Shree Vathsan
      The person in the article below is me. I had a corporation official visit my house with the RTI and asking for my whereabouts. However the PIO has sent a reply on 8/5/19  stating that AE Div 170 is the person responsible for inspecting the banners on the particular stretch. It is after finalising this reply that I had got a call from AE Div 170 on 8/5/19 evening and a person visited my house on 9/5/19. The reply sent by PIO dated 8/5/19 was received on 11/5/19.
      Further The AE has stated that he has inspected the stretch and removed illegal banners immediately. However I have material evidence that the banners remained in the same place from afternoon till late night. Only the persons who kept the banner had removed them. So can I penalise the PIO for providing false and incorrect information. 
       

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy