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Contradictory information under RTI


gregjenings

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gregjenings

Recently I have asked some information through RTI from Registrar Cooperative societies Delhi which I have used to file a case but the documents produced by the other party that too which has sign of Registrar Cooperative societies official contradict the information seeked under RTI.

 

I know information by other party has been generated through illegal mean due to wide spread corruption in the Registrar Cooperative societies as I have seen myself the records which were not their but as I didn't have official inspected the records ,I cannot prove that information which was provided through RTI was correct .

 

Please advise me what sort of options do I have unfortunately my case is also in Registrar cooperative societies office.What other leagl options do I have ?Can the officials who provided me the information can be prosecuted now after the time to file the appeal has been elapsed as I came to know about the documents now when I filed the case.

Is there any supreme Court Judgment or CIC decision which can go in favour of me.

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Prasad GLN

If you have the certified copy of documents in your possession , do not worry.

Now, you can file a complaint against PIO for providing you incorrect and misleading information and seek compensation of court costs and other expenses, as you have acted on those documents.

The time is not mature to go for Supreme Court judgments, and use cheapest and most meaningful and speedy disposal.

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Since you feel the documents produced by the other party are not authentic and generated by corruption, and you already have the official version through the PIO, the simplest way is to draw the attention of the court to these facts in the existing case itself, and seek action from court against the opposite party and its accomplices in the concerned public office.

 

The other option is to file a police complaint with assistance of a criminal lawyer, against the opposite party for generation of fake documents through unlawful means

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Prasad GLN

But you can either complain to SIC or to Court or Police, as appellant has to state that there is no case/suit/complaint pending on the issue as required under CIC rules and regulations. If there is no such verification in your state's prescribed format, trap them on all three counts CIC/Court/Police.

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Sunil Ahya
as appellant has to state that there is no case/suit/complaint pending on the issue as required under CIC rules and regulations.

 

There is not such CIC Rule or Regulation which lays down that an appellant has to make a declaration in his appeal / complaint "that there is no case/suit/complaint pending on the issue".

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Prasad GLN

Thanks for correcting me. I have a format (don't remember when it was downloaded) in which under verification such statement was mentioned, and all the days I am using the format.

Once again thankful for correcting me.

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gregjenings

Thanks every one in sharing your views and knowledge.

The things is PIO who in this case is also adjudicating my case filed in the Registrar cooperative societies is Dy Registrar and he has written in my RTI's reply that on the information received from APIO that no Audit report was available till date but during the hearing reply submitted by the other party, the other party has attached the audit report much prior date along with diary number and signature of APIO

 

So my question is if the audit report was submitted before the reply issued by the PIO why he has issued me reply that no audit report has been submitted which is rong reply and confirms my doubt of corruption.

My second question the Audit report submitted by the other party bears signature of APIO i.e. Astt. Registrar himself who also under his signature issued me his reply saying that no audit report was submitted till date.

So I am unable to touch PIO as his reply was based on the report provided to him by APIO I am bit confused how can I take action against this long chain of corruption.

 

Also I have a computer generated statement without any signature or stamp of the officials but as it is generated through the RCS server bearing it's generation date as well as RCS Software format. Can I use that computer generated statement to prove that audit report was submitted on later stages and reply issued by PIO is correct.

 

Please advise me if there is any other way to prove my point and establish the nexus between other party and APIO/PIO.

 

Also how does any Court or CIC take this matter would it go in my favour.Here I would also like to mention here that I have some fraud proof against the other party in some other context woulld you think it would help

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gregjenings

Also by the time CIC takes action against my complaint which very likely would take almost 2 years by that time I would have to suffer as there are chances that decision might go against me due to reason that DY Registrar (PIO)would either not consider his RTI reply viable or authenticate it or take his RTI reply as a genuine human mistake.

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GirijaSiva
There is not such CIC Rule or Regulation which lays down that an appellant has to make a declaration in his appeal / complaint "that there is no case/suit/complaint pending on the issue".

 

Sunilji,

 

In that case what must be stated in the 'Verification/Authentication by the appellant' section of the second appeal to CIC? Will it be enough to just say 'Information provided is correct and factual to the best of my knowledge'?

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Sunil Ahya
Sunilji,

 

In that case what must be stated in the 'Verification/Authentication by the appellant' section of the second appeal to CIC? Will it be enough to just say 'Information provided is correct and factual to the best of my knowledge'?

 

You do not need to make any statement, but all that you need to do is to verify / authenticate (i.e. self attest) all the annexures enclosed along with the second appeal.

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gregjenings

I think there has been a misunderstanding.

I am using the documents in a case and no case is pending in relation to the document provided,By going through above answers it seems to me that people are misunderstanding that the information provided is in relation to some case which is pending but in reality information is in relation to a audit report which according to the department was never submitted till that date but the other party is showing the audit report with date 2months prior to when that information was provide under RTI Act.

My point is which should be considered right the information provided under RTI Act or the document shown by the other party

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First, you need to get a certified copy of the documents filed by the opposite party, if possible get 2 or more copies,you may need to prove your stand; next along with the copy of the certified court copy xerox, you may apply a new RTI application, seeking explanation regarding the information provided by the PIO. Even you can apply a RTI application to inspect the concerned documents in the Co-op office, if there are contradictions you may draw the court attention or file a criminal complaint.

Get help from a RTI activist for proper guidance.

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