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rti reply personal view of the CPIO?


mahekovoor

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mahekovoor

In a case before the supreme court,a petitioner has produced an rti reply from one central govt Public sector undertaking,as an evidence.

 

In the counter affidavit filed by the opposite respondent PSU,has disowned the said rti reply,as the personal view of the concerned CPIO.

 

the petitioner has to submit his reply shortly.

 

any ruling by CIC or any courts on the above.

 

opinion from experts are requested.

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RAVEENA_O

Can you please upload the decision letter of the CPIO to enable our members to clarify the position better?

 

The decision under Section-7(1) is in discharge of a statutory obligation and the public authority cannot disown the decision and the information supplied by its own CPIO.

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Information that is supplied in response to an RTI application is the "information available on record" with the public authority. The record cannot be a personal view of the CPIO.

 

As requested in post No. 2 above, please provide all details and also what is the case about.

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balaraghavan

Similarly in one my case the Management had stated that the reply given in the RTI is wrong and board resolution is not implemented in the Hon'ble High Court of Chennai.

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mahekovoor
Information that is supplied in response to an RTI application is the "information available on record" with the public authority. The record cannot be a personal view of the CPIO.

 

As requested in post No. 2 above, please provide all details and also what is the case about.

 

i regret ,to inform you all my inability to provide further deetails,as the rti was raised on a sensitive information regarding the future of thoussands of employees of a well known public sectr mundertaking.some of them consulted me for my opin ion,considering my involvement in rti matters.

 

still,the case is before the SC and the rti reply was originally given by a very senior officer of that psu,how long can the PSU take thagt stand legally that the the information provided by the CPIO was personal nature.the question was related to the nature of duties of a particular class of employees. since I dont have permisssion to reveal further details now,I stop it nhere.

\

please provide any cic or court decisions if any in this regard.

 

to the best of my klnopw;edge and belief,rti repliy is no the personal opinion of the cpio.further ,in the said said rti query,no question was askede retgarding the personal opinion too.

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Prasad GLN

When you have concluded with best of your knowledge and do not want to share the information, you may decide the case in your own way and the only one answer which is ultimate is "any information provided by PIO must be as available on record", when an information available on record was provided there is no question of it being personal opinion of PIO, as information is not answering a query or seeking opinion or judgment on issues.

Now file a complaint against PIO to the concerned IC (enclosing copy of their affidaviat) for providing incorrect, false and misleading information and wait what PIO can tell to IC and let IC take a decision which may help you in your case.

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mahekovoor
When you have concluded with best of your knowledge and do not want to share the information, you may decide the case in your own way and the only one answer which is ultimate is "any information provided by PIO must be as available on record", when an information available on record was provided there is no question of it being personal opinion of PIO, as information is not answering a query or seeking opinion or judgment on issues.

 

Now file a complaint against PIO to the concerned IC (enclosing copy of their affidaviat) for providing incorrect, false and misleading information and wait what PIO can tell to IC and let IC take a decision which may help you in your case.

 

thanks to all.since,I am not a party in this rti personally,I could not publish the details.

 

since the case is before the court already,against the same PSU,from where the rti reply was provided,making a complaint to the IC against that PIO,may be detrimental to the case,as the PIO may change his reply with an apology,under pressure from his higher authority.

 

the idea behind my post was to know,whether any similar case of disowning the rti reply as personal opinion by any organisation like this and the courts or the CIC's view on such stand.If any decided case on similar nature would be more advantageous to the present case.

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harinder dhingra

Learned Mr. MahendraKumar Sir,

the idea behind my post was to know,whether any similar case of disowning the rti reply as personal opinion by any organisation like this and the courts or the CIC's view on such stand.If any decided case on similar nature would be more advantageous to the present case.

 

Sir,

 

Kindly read Section 2(f) read with Section 2(j)(I) of RTI Act 2005. There is nothing personal or personal view in it.

 

hd

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mahekovoor
Learned Mr. MahendraKumar Sir,

 

 

Sir,

 

Kindly read Section 2(f) read with Section 2(j)(I) of RTI Act 2005. There is nothing personal or personal view in it.

 

hd

 

even though,there is nothing personal,the question was regarding the duties of a particular cadre.the answer was given by a senior officer,of appoionting authority for that cadre too.

 

he has answered,in detail,what is in practice.however,such nature of duty for that cadre is no where mentioned in "writing" in any of terms of appointment or concerned service rules.However,as per practice,what he answered is 100% correct too.Normally,PIO's take precaution in answering tricky questions of such nature.In short,the provided information may be interpreted as an information "not publicly available". May be the respondent psu's counsel caught this point.

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