PIO not to draw inferences or make assumptions to provide information

assumptions under RTIInformation Officer is not required to furnish information which require drawing of inferences and/or making of assumptions. In the decision Kerala HC – Mohd Saiyad Vs State, decided that though RTI Act provides access to all information that is available and existing, if the information sought is not a part of the record, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast any obligation, to collect such non-available information and then furnish it to an applicant.  

The Information Officer is also not required to furnish information which require drawing of inferences and/or making of assumptions.

PIO not to draw inferences or make assumptions to provide information

The very scope of information as held by the Supreme Court in Central Board of Secondary Education and another v. Aditya Bandopadhyay and Others (rti_SC_CBSE) [(2011) 8SCC 497] is to seek the information which is available in a material form.

The Decision is available here: Kerala HC – Mohd Saiyad Vs State

Posted in High Court Decisions, RTI Act 2005
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3 comments on “PIO not to draw inferences or make assumptions to provide information
  1. JAGDISH RAWAT says:

    The PIO of IIT Kanpur has drawn inferences against my several requests under section 6 (1) of the RTI Act. Even he has drawn inference against my request made under Section 6 (3) of The RTI Act. I am sorry to state that the First Appellate Authority has not ensured me the information, sought under Section 6 (1) and (3) of the RTI act which were proved as invalid and false by corroborating through the relevant Public documents. already available in Public domain.. On the contrary the reply of the PIO and time barred disposal of my First Appeal dated 17/01/2007 on 04/04/2007 of the FAA of IIT Kanpur are proved as false and against Section 19 (6) in my second appeal, duly registered by the Central Information Commission vide Case No. CIC/OK/A/2008/00397 DATED 11/02/2008 and CIC/OK/ A/2008/00467 have been admitted by the ex- Information Commissioner Shri Shailesh Fandhi by eliminating my said registered appeal from his decision No. CIC/OK/A/2008/ 00397/SG/0921 dated 7th January 2009. Thereafter My appeals, under Section 23 of the RTI Act, are still indisposed without stating any valid reason.On the other hand, the CIC is reluctant to provide me copies of the Reports for the year 2009 & 2010, submitted to the Government, under clause (c) of Section 25 (3) of the RTI Act.

  2. Sivakumar M says:

    Good

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