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PIO replies Such order not available in file


GUNASELVAM_V

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GUNASELVAM_V

Sir, When a RTI applicant asks for certified copy of letter quoting the reference no ( pertaining to 10 Years back) , PIO has replied that in the official gazette published by the department, it is not available. How to proceed further?

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RAVEENA_O

What was the exact information sought by you?

 

PIO is supposed to supply the information held by and under the custody of the public authority. Unless proved that record was destroyed as per the prescribed rules of destruction/ retention policy, it is deemed that record continues to be held by public authority. Gazette not available is not valid reason to deny information.

 

File First Appeal before the First Appellate Authority on above grounds and pray to direct PIO to supply the information within 10 days from the date of decision of this first appeal.

 

In the meantime, file another RTI application with same PIO and seek following information:

 

[1] Certified copy of the Record Retention Schedule stipulating the normal Retention Period of the records pertaining to ......(the one you want).

 

[2] certified copy of the procedure for destroying records outlived its normal retention period;

 

[3] Certified copy of the list of records destroyed, which indicate the records pertaining to ...........(the one you want) and the date on which the said record was destroyed.

 

[4] Certified copy of the sanction / approval of the competent authority for destroying the records pertaining to item no.[2] above.

 

[5] Certified copy of rules/regulations/notification/circular stipulating the mode and method to be adopted for destroying records after its retention period.

 

[6] Please inform me the mode and method by which the records pertaining to ..................(the one you want) .... were destroyed.

 

[7] Name, designation and office address of the officials witnessed the record destroying procedure pertianing to item no.[2] above.

 

[8] Certified copy of the note signed by all the witnesses in token of destroying the record pertaining to ..........(the one you want).

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Prasad GLN

As far as I know, all gazetted notifications must be available in Secretariat book shop and also there is a hub for maintaing all gazette notifications, and some states have also started website only for gazette/GOs issued even in the past.

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