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  1. Prasad GLN

    Prasad GLN

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    Sunil Ahya


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Showing most liked content since 07/07/2020 in all areas

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    File a second appeal and apart from other grounds that you may take also add the ground of public interest and quote section 8(2) of the RTI Act: Section 8(2) is reproduced below (emphasis added):
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    A citizen should seek information available in material form as record from that authority with whom that record is available. You know where the panchnama is available as record. You have to file RTI Application in hard copy mode as per laid down rules and regulations of your state to that Public Information Officer, in whose office Panchanam is available and you will certainly get the same under RTI. It appears that you have filed on line RTI application to Central Government RTI portal and it is not to be used for seeking information from state government departments .
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    Dear Sir, What is the meaning of "petitions in composite nature" composite petition 000542_+_543_+_544_+_545.pdf composite petition CIC_KY_A_2015_000175_M_155699.pdf composite petitions CIC_KY_A_2015_001099_M_180064.pdf composite petitions CIC_KY_C_2015_000183_M_180896.pdf composite petitions CIC_KY_C_2015_000208_M_180890.pdf
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    Dear Sir, I have attached the judgment of the Delhi High Court following the decision issued by the Central Information Commission, regarding “Composite Petitions” composite petitions CIC_KY_C_2015_000152_M_180880.pdf delhi high court judgment.pdf
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    Under the provisions of the RTI Act, a FAA does not have the power to impose a penalty on a PIO. The power to impose a penalty is available only to an Information Commission. Please refer to section 20 of the RTI Act.
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    File a first appeal on the following ground: Grounds of First Appeal: 1. As per section 4(1)(b)(x) a public authority is supposed to suo-motu publish the following information: (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; Thus, the PIO has disposed of my RTI application in violation of the provision of section 4(1)(b)(x). By the way, because of judgment of the Hon'ble Supreme Court in Girish Ramchandra Deshpande's case most the information that you have sought may be denied u/s. 8(1)(j) i.e. personal information ground. Nevertheless, you can cite section 4(1)(b)(x) and try and get some of this information.
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    RTI is mainly about seeking certified photocopies of the documents. Just frame queries such that it points towards documents. For instance, please provide me a certified photocopy of the documents wherein has been noted specific details of liabilities of my project mentioned in the NDC form.
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    Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures. Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments. The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records. “In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted. Originally posted here!
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    According to an estimate, between 40 and 60 lakh RTI applications are filed every year, but less than 3 per cent Indian citizens have ever filed an RTI plea. Of the applications filed, less than 45 per cent received the information they had sought, according to the ‘Report Card of Information Commissions in India, 2018-19’ released by the Satark Nagrik Sangathan (SSN) and the Centre for Equity Studies (CES). But of the 55 per cent who didn’t receive the information, less than 10 per cent filed appeals. As of 31 March 2019, there were 2.18 lakh appeals and complaints pending before the SICs. The study added that it took an average of more than a year for most SICs to dispose of complaints/appeals. While the SIC of Andhra Pradesh would take 18 years to dispose of a complaint, West Bengal SIC would take seven years and five months. Then there is the issue of threats and acts of violence against RTI activists. In the last 15 years, at least 86 people who had filed RTI applications have been killed while 175 others have been attacked. At least seven applicants committed suicide while 184 applicants reported being harassed. As per a study by the Commonwealth Human Rights Initiative, between 2012-13 and 2018-19, the total number of RTI pleas with various central government offices rose by 83 per cent — from 8.86 lakh to 16.30 lakh. Read the Study here Of the 115 chief information commissioners appointed during this period, over 83 per cent were retired government servants, with 64 per cent from the elite IAS. Read the detailed Opinion originally posted here!
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    One of our members tried to expose a fraud in Syndicate Bank , Nellore , AP and sought guidance in the forum in several queries. Thereafter never visited the forum. It was learnt from today's news paper that finally he could establish fraud prima facie and CBI has commenced investigation. The member should have atleast posted success story though he may not acknowledge support.
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    You can file online RTI on the following website: https://rtionline.maharashtra.gov.in/index-e.php In the Public Authorities list, select "Commissioner of Police, Mumbai" fill in the details and make the payment online
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    Sri Shravan...Your tweet on CBI investigation in Syndicate Bank , Nellore brought in many issues now and the member has started once again coming to forum. In the past he has received a break through and under the impression that AXIS bank is a private Bank, and not within ambit of RTI, he stopped visiting forum. Now in one day he has sent 6 PM. Taking clue from your example on trial basis I have selected two pending issues one of Mr.Subbu and another of one Goa ships case. Both received the information and were successful. Thank you but your tweet they should have not come back. regards prasad
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    No RTI filed regarding this subject matter, This issue was aired in a premier news channel and the agri minister came in person and resolved the issue. District Collector made inpections and transferred the corrupt secretary
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    Sir, Sir ,CPIO has replied that for increasing minimum pension ,matter is under consideration and hence no information available. Only restoration of commuted value of pension has been approved in CBT meeting at hyderabad Copy of extract of minutes of meeting enclosed
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    Sir, I had received the information on time after I have submitted the first Appeal, Sorry , I have forgotten to submit the update on this , the information recieved helps to prove the illegalities of ship call in the port under the absence of ship repair and consignor in port , the matter will be raised to the high court Of Bombay at Goa with the help of the good prosecutor ! thank you very much and due respect to this platform for helping the people like me for keeping up the transperancy in the GoVt! thank you, Damodar S Divkar.
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    After filing RTI Application through speed post or Registered post, after one week applicant should search in Indiapost website delivery status of the envelope by typing the number given to the envelope, note the delivery date, and get a screen print and enclose it to his office of RTI Application. The normal procedure is for going to First Appeal if information is not received from PIO within 35 days from date of posting the envelope. Then in First appeal one has to enclose copy of RTI Application and also the screen print showing delivery status and state in Grounds for first appeal as "Deemed denial' of information. If PIO says that he has not received, blame the luck and provide him a copy as immediately as possible with fees of Rs.10/- once again, as there is no use of arguing and proving in such cases.
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    There is no such specific exemption and it is not a confidential record. File RTI Application , let PIO deny information stating such clause, then you can seek guidance while filing first appeal. At the stage of application, do not bother about the actions of PIO, just seek information, and let PIO deny such information with such section/sub section and justification for using that section, then one can go for first appeal (General guidance) General diary is not exempted and it is a public record.
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    I have done the Optical Character Recognition (OCR) of the screenshot for you. Now you can just copy/paste these notification numbers and Google search will give you the documents, for example I have attached the document mentioned at point (a) herewith this post, you can also click on the link inserted at point (a) and download it: a) Paragraph No.8 of the Annex to our circular on 'Rationalization of Branch Authorization Policy' No.DBR.BAPD. BC.69/22.01.001/2016-17 dated May 18, 2017; b) Paragraph No.2 of our Circular on 'Relaxations in Branch Authorisation Policy-Off Site ATMs' No.DBR.BAPD.BC.72 /22.01.001/2015-16 dated January 14, 2016; c) Paragraph No.4 of our Master Circular on 'Branch Authorisation' - No.DBOD. BAPD.BC.7/ 22.01.001/2014-15 dated July 01, 2014. d) 'Cash Management activities of the banks Standards for engaging the Service Provider and its sub-contractor' - DCM (Pig) No.3563/ 10.25.07/2017-18 dated April 06, 2018 e) 'Cassette - Swaps in ATMs'- DCM (Pig.) No.3641/10.25.007 /2017-18 dated April 12, 2018. f) 'Outsourcing of Cash Management - Reconciliation of Transactions' - DCM (Plg)No. 2746/10.25.07/2018-19 dated May 14, 2019 g) 'Security Measures for ATMs' - DCM (Pig.) No.2968/10.25.007 /2018-19 dated June 14, 2019. h) Sr. No.Vll.19 of the Annex to our circular DBOD.FSD. BC.23/24.01.011 /2008-09 dated July 23, 2008 on 'Credit Card Operations of Banks' Notification-'Rationalization of Branch Authorization Policy'.PDF
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    We in India have adopted a federal form of government, with a Union Government at the Center and then State Governments for each State. RTI Act is the same for both the Union Governments and the State Governments, however, the RTI Rules as well as Public Authorities are different for them. For Central Govt Public Authorities the Central Govt. Rules and its Online Portal will be applicable, however, for each of the State Govt's their respective RTI Rules and Online Portals if any will be applicable. Kindly refer to your particular State Govt. 'RTI Rules' and 'Online Portal if any' for the same.
  23. 1 like
    Go for second appeal on same grounds as in First Appeal. Frauds in Public institutions are not in larger public interest and there can never be exemptions under RTI or any other act. Even the statutory obligation of maintaining secrecy of customer account is having exemptions if their own interest is involved.
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    Definitely the frauds are issues that involved larger public interest and those frauds after investigation must be disclosed to public. Please upload exact query and reason for precise guidance. FIle RTI Application to CPIO, DBOD, RBI, Mumbai seeking information as follows: 1.Please provide any guideline or directive issued to commercial banks against disclosing denial of information under RTI on information frauds investigated by banks and reported to RBI. 2.Please provide any decision of CIC on disclosure of information on such frauds. 3.Please provide controlling authority for receiving fraud investigation reports of RRB.
  25. 1 like
    1.A citizen has to file RTI Application to that authority, and in case of no response or if it is intimated that there is no PIO, citizen can make complaint to Information Commission (sec.18) 2.Sec. 8 (3) is the most abused section and even those PIOs who were trained in reputed institutions and attended workshops still use this sub section to deny information. This SS facilitates for disclosure of those information that was not within ambit of RTI like cabinet papers etc. Example: Netaji case, Various decisions during Emergency etc. If the information is available in physical form in material as record with public authority, it must be provided. For every record, depending on such importance, records has to be segregated and preserved for some time and some records permanently. For example the answer sheets are preserved only for 3 months from date of announcement of result. So, if some one asks after 6 months, as the records are destroyed, there is no obligation to PIO to provide the copy of the information. Some appellants even argued that because of this section, every authority must preserve the records for 20 years !!!!!!! 3.In case PIO fails to provide information within 30 days from date of receipt of such information, applicant should go for first appeal to higher authority in the same organization designated as First Appellate Authority stating the Grounds for appeal as 'Deemed denial". If PIO fails to respond and remains silent (neither providing information nor denying with such exemption section and justification) for 30 days from date of receipt it is treated as deemed denial. Please go through CBSE Vs.Aditya Bandhopadhya, 2011 SCC (497) as that decision is most authentic on exemptions and obligations of PIO and relevant to your query.
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    In that case, RTI is not helpful, it is only through writ mandamus you can demand for your rights. (Even in Case of world famous Balaji Temple at Tirumala, though the Chairman and commissioners (IAS) are government authorities even after SIC declared them as public authorities there was no such judgment from AP High Court) For bring any such organisations, the first thing one has to establish is that without government assistance, the organization cease to exist. For this to file complaint you require Balance sheet or Income and expenditure statement for last three years and disclose as to what is contribution and extent of contribution from Govt. to establish substantial contribution. Without having such balance sheets and role of govt., it is not possible to frame any complaint.
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    Make a complaint to State Information Commission, establish that temple as Public authority stating all such requisites and major contributions by Government. Get that appeal decision and study before once again going to IC.
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    This was your post: " I recently filed an RTI asking for last five years copy of all self signed no liability certificate submitted by retired and tenure completed staffs, tenure completed sanctioned projects and waiting for the reply." Please come back with such response so that you can file meaningful first appeal. Be prepared that no one cares for RTI and you have to ultimately approach for Information Commission only. Hence abide by time frame and if there is no response from PIO within 35 days from date of filing your RTI, immediately go for first appeal without wasting time. One can seek information from Public Information officer, and he has to direct or take assistance from FAO. Be brief and post exactly what you require from Public Authority and how you wish to use that information for logical conclusion.
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    "This route" words used by you presumed as RTI. Your impression may be correct or may not be correct as every thing depends on perseverance. Every route is directed to one destination. RTI is a road/journey to destination and never a destination..
  30. 1 like
    Please post exact query and exact response in the issue and the logical conclusion you wish to have out of the employee's information.
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    Guide to drafting a good RTI application Drafting a good RTI application can be as easy as writing a simple leave letter. As long as the applicant knows the basics of the RTI Act 2005, drafting an application, requesting for information from any public authority, is little more than child’s play. 1. Pre-requisites: Your full name and address have to mentioned in the application. If you so wish, you can also mention your telephone number and email id, although this is optional. Have ready information about the Public Information Officer (PIO), his designation, address etc. In case you have problems locating your PIO/APIO you can address your RTI application to the PIO C/o Head of Department and send it to the concerned Public Authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO. Do not address your RTI application to the PIO by his name, just in case he gets transferred or a new PIO is designated in his place. 2. Preparing to draft an RTI application: a) Carefully read Sections 2(f), 2(i) and 2(j) of the RTI Act, which defines the “information”, “record” and “right to information”. Your request for information should contain as many words as possible form these three basic definitions. b) Read the relevant RTI Rules (either for the Centre, State or Courts) which are applicable to the public authority from whom you seek information. These rules will indicate the quantum of fees, the mode of payment of fees, any special application format to be followed, etc. Follow these RTI rules to the letter “T”. c) Remember to always use a white sheet of paper to write an application. Use of note sheet or the Court stamp paper should be avoided. Use of letterhead for asking information can also be made. However, avoid using your official designation or title and simple sign with your name. The RTI application can be either written by hand or typed. There is no compulsion of typing the content. The application should be easy to read and well legible. 3. Why do you need the information? First, ask yourself why you need the information ? Unless you have an answer to this question, there is no point in requesting for the information in the first place. What is the issue you are facing? What information needs to be asked to help in getting the issue resolved? A good indication is the preamble of the RTI Act which states that three main objectives of the Act are: Increase Transparency in the functioning of the Government Hold the Government accountable for its actions or inaction Reduce corruption If your application seeks information which covers these objectives, then there is little chance of it being rejected. 4. What will you do with the “information”, once you get it ? Now that you know why you need the information, you need to also decide what will you do with the information, once you get it. Are you going to get it published in the media, will you use it in a court case, is it for furthering your case in your office, is it to get some wrong corrected? The answers to these questions will help you decide what exact information to ask for as well as in what form to request the information. For example, if you want to use the documents obtained under RTI in a court case, it is advisable to ask for “certified copies”. If you want to give media coverage to a particular issue, then you must ask for information on a current issue of larger public interest. 5. Ask for only “information” ! Try to draft an RTI application that DOES NOT disclose the overall nature of the problem in your mind. It MUST NOT give a glimpse of what you intend to do with the requested information e.g. register police complaints, approach investigating agencies, file a PIL etc. Also, your RTI application MUST NOT indicate how badly you want the information, and therefore, please don’t mention anything such as When you write an RTI application, you must try to gain only information i.e. copies of relevant records and documents, you must not try to gain sympathy, respect etc. Your application should look like a shopping-list of documents. Name documents that you are requesting by using words from Sec 2(f) and Sec 4(1)(b) of the RTI Act – reports, logbooks, emails, advices, rules, regulations, manuals etc. Only after exhausting these should you use other similar names e.g. quality audit reports, correspondence etc. In case this information is denied, the similarity of wording will help you to convince appellate authorities that your requested information is “records” and “information” that must be mandatorily given. There is absolutely no need to give any background, reasons, etc. for seeking information. Don’t make your application sound like a letter of complaint or a letter-to-the-editor. Don’t preface it with a covering letter or an introductory paragraph. RTI applications should be emotionless and bland. No Ramayana, no Mahabharat – just ask for “information” – plain and simple. 6. Be specific in asking for “information” and avoid vague expressions and requests: While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Avoid vague expressions and requests such as: Why did I not get my Ration card? What is the present status of issue of my Ration card? Give me .action-taken report Words like “status” and “action” are open to interpretation, and usually, fail to point towards any particular document; they can mean different things to different persons like applicant, PIO, APIO and appellate authorities. In most cases, there is no such document called “action-taken report” in existence, and therefore, the PIO cannot be rightly asked under RTI to generate such a document in reply to your application; PIO can only be asked to give you copy of a document that exists. The right way is to ask for signed and stamped copy of all correspondence till date in the matter of your complaint, including memos, emails, covering letters for forwarding your complaint etc. Ask for copy of logbook or any other book where details of your complaint are entered, marked to specific officers for their investigation and action. Ask for a copy of all their remarks, feedback, reports etc. If the case on your complaint is closed, ask for the closing remarks of the officer concerned. Give particulars of the project to build XYZ. What “particulars” do you want? Engineering drawings? Budgets? Financial projections? Feasibility reports? Consultants’ studies? This is not clear. Don’t leave it to the PIO to decide what documents to include and what to leave out. Be specific and name the documents that you want copied. Make it difficult for the PIO to loosely interpret your request. Similarly, do not ask information about a future event – like By what date will my passport be delivered? The PIO is not an astrologer to predict the date of delivery of your passport. But do not be the jockey of a journalist to solicit opinion, advice or action on an issue. RTI is not meant for hypothetical or subjective questions. Your query may end up being disqualified. 7. How long should your RTI application be ? Do not make your application very long. The Central Government has set a 500 word limit for each application. Some state governments and legislatures have set a limit of only 150 words and ONE subject matter per application. Ideally your RTI application should not be more than one A4 size paper sheet – after all your objective is to get “information” and not to test the PIO in collecting maximum information in the shortest possible time ! If you put three related queries in one application, you may get answers to all of them. If you pack thirty queries instead, chances are slim that you will get satisfactory information on any. Put yourselves in the shoes of the Public Information Officer (PIO); what would you do if you saw a lengthy RTI application that asks endless questions and supplementary questions? If I were the PIO, I would endlessly postpone looking at the application, and then go out of my way to justify the delay or denial. Wouldn’t you? Think that you are a PIO, and then think about how to draft an RTI application that you would like to give a reply to without any delay. A single lengthy application may scare and overwhelm the PIO, and tempt him to throw it into his drawer. He will hesitate and postpone searching for the information. Instead, send a small, manageable RTI application with only 3-4 questions. Then, after you receive a reply to that, send another one… and another. Or maybe, many applicants can file small applications seeking related information, at the same time. 8. Specify the period for which information is sought Don’t be over-ambitious. For an RTI applicant, it is very easy to write a question like, “Give copies of all licenses issued from January 1981 till date” or “provide a list of all vehicles registered in your RTO since 1990”. For the PIO, this means searching 25 or 30 years of files and records. Older files may have been put into basements or buried under tons of old dusty files. Therefore, please ask yourself whether you REALLY need data that is so old, or whether you are just trying to satisfy an academic curiosity. Don’t request 30 years data if five years data will suffice for your purposes. Don’t ask for five years data if six months data is sufficient. 9. Ascertain if the information is already available: Before shooting off your RTI application ascertain if the information you are seeking is already available in the public domain. After the advent of the RTI Act, many public authorities have already uploaded mountains of information on their website. Search for the information on the internet – even if the information you seek might not be available on the public authority’s website, it might be available elsewhere. Some other RTI activist might have asked for the same information and released it to the media. Do a thorough search before drafting your RTI application. 10. Exhaust all possible means of grievance redressal before using RTI: If there is a pending issue or a grievance for which you want to use RTI, first exhaust all possible means of redressing that grievance by already available means, like reminder letters, letters to the head of the public authority, public grievance portals, etc. Only if you have exhausted all means of grievance redressal, use RTI as the last resort. Some Government departments have indicated fixed time limits for certain issues in their respective citizen charters. For example, the if the Income Tax department states that it takes 9 months from the end of the financial year to refund your excess tax, then obviously there is no point in filing a RTI application before that time limit. 11. General: Never draft an RTI application when you are in an angry, revengeful or even a bad mood. Such applications are bound to fail. Relax, get back to normal and then only pick up a paper and pen to prepare your first application draft. After you have written down your first draft of RTI application (or complaint or anything else), let it cool down in your drawer for a couple of days. Then take a re-look and think about making improvements. Ask a friend or colleague to have a look and give you suggestions. Can the friend understand what are you asking for ? Does he find it easy to understand? There is no harm in redrafting the application several times before you get to the final version. Seek help and guidance from RTI activists and experts, who will guide you to draft a correct application. Many websites on the internet also guide RTI applicants during the RTI process. All such guidance is free, so why not make maximum use of it ?
  32. 1 like
    Kindly file a first appeal on the basis of the CIC decision attached herewith this post. You will also get material to draft the grounds of your first appeal from this CIC decision.Fiduciary_FB-10022009-01.pdf
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    Yes, you should file an application.Maybe it will be processed in the nearest furture and they'll be able to help solve the problems. Even if they are domestic or family matters, the main point is to get what you need.
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    On 06/10/2015 DoPT issued guidelines vide Office Memorandum NO. 10/1/2013-IR prescribing format for giving information to the applicants under RTI Act. The OM also issued guidelines on method of supplying certified copy. Henceforth the CPIO should endorse on the document by putting a seal indicating "True copy of the documents/record supplied under RTI Act" with signature, date, name of CPIO and name of public authority. Copy of the OM is attached: DoPT OM dt 6-10-2015 on Format of Reply and Certified copy - 10_1_2013-IR-06102015.pdf
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