Monthly Archives: December 2014

Can offer of inspection be claimed as denial of information

offer-of-inspectionCentral Information Commission (CIC) in its recent order ruled that offer of inspection cannot be claimed as denial of information and it indicates the willingness of the Public Information officer (PIO) to disclose information. Commission noted that “It would be easier for the Respondent to supply those documents identified by the Appellant after inspection thereby curbing unnecessary wastage of paper.”

However, the Commission advises the PIO to supply those documents that can be supplied instantly and to offer inspection if it is scattered over several files.

The RTI Act 2005 prescribes that applicant can inspect the document, there is no provision to state that PIO has discretion to direct applicant to do the inspection.

The Provision of RTI Act states that; Read more ›

MLC can be disclosed after applying third party clause

MLC Medico Legal Case (MLC) can be disclosed under RTI Act after applying third party procedure. The PIO has rejected the information stating that MLC is a legal paper and for obtaining this the person who is nominated and person concern can only get the copy of it. Without MLC no it cannot be provided. Even the First Appellate Authority has rejected the case claiming exemption under section 8 (1)(j) of the RTI Act.

The Commission on perusal of the documents on record and after hearing both sides directs the PIO to follow the third party procedure u/s 11(1) of the RTI Act and to take a decision based on the objection/consent of the third party and inform the Appellant accordingly.

What is Medico Legal case (MLC)..

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