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PIO Reply by email


Altair

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Hello,

several of us have sought information similar information from a an autonomous institute under GoI. The PIO has sent a similar reply to all by email where the header soes not show the email address of the applicant. In the chain mail sent to all applicants the email addresses of the applicants can be hidden by putting them in bcc. Further there is no signature and seal of PIO. We had requested for providing the information by post. Can the PIO take the liberty of sending reply by email. Many of us may not have access to internet services. What are the provisions under RTI act in this regard. Thanks

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Prasad GLN

File either complaint directly to IC or file first appeal after waiting for some days for receipt of traditional hard copies. The point is "Has he provided correct, complete and relevant information" sought by applicant.

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MANOJ B. PATEL

You are right sir. If the PIO has provided correct, complete and relevant information sought by applicant by email also, how first appeal or complaint can be filed?

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jps50

You may go for first appeal with a prayer to order PIO to supply information in hard copy duly signed with seal of the office. Even if proper information is supplied, its mode of supply is also important. You cannot have emailed information signed and sealed by PIO unless he has attached signed reply or it has digital signature.

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RAVEENA_O

[1] What is the contents of the letter received from PIO. The PIO can decide RTI Application and advise applicant to remit amount of further fee / document charges along with the calculation in arriving such amount. Such communication is positive inspite of its mode of dispatch. If that is so, you may remit the amount stated therein and obtain information offered by PIO, before adverting to file first appeal.

 

[2] You must always seek certified copy of information since you have a right to obtain certified copies of documents or records as defined under Section-2(j)(ii) of RTI Act.

 

[3] The definition of information, as it occurs in Section 2(f), lays down scope of the type of information an applicant can seek. The underlying idea is clearly that the Applicant’s entitlement for information is only in respect of the categories of information mentioned in Section 2(f) read with Sec.2(i) and (j). It is not open to an applicant to ask, in the guise of seeking information, queries to public authorities about the nature and quality of their actions. The RTI Act also does not cast on public authority any obligation to answer queries. Applicant’s right extends only to seek information as defined in Section 2 (f) & (j) either by pinpointing the file, document, paper, record or sample etc, or by mentioning the type of information as may be available with the specified public authority. RTI Act is also not a tool to settle Grievances. These are to be decided on merit by appropriate authority of each Public Authority. In case of questions, PIO may say that the information is not held by the public authority.

 

[4] In situations as mentioned in [2] and [3] above, it is better to file fresh RTI application pinpointing the documents / information you want.

 

Please post the details of information sought and contents of PIO's decision for further guidance.

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The information sought are

- certified copies of option forms submitted by me to the competent authority of the establishment

- certified copies of circulars and file noting of the administration in respect of certain decisions for a specified period.

The reply by PIO through email

- The option form is not traceable

- The circulars or file notings for the requested period are not available (it is well known that these information are part of board meetings and minutes are filed)

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Prasad GLN

Fit for first appeal, and if FAA agrees nothing can be done as PIO is to provide information that is available on record.

But while going for second appeal, you can insist the same information through affidavit.

(As you are insider you may be knowing retention period of records, permanent, and the various copies marked within PA including Master copy of each reply date wise, number wise)

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