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If there is no PIO in a organization


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ashok10

i)If there is no PIO in a organization, whether one can ask information addressed to PIO under RTI?

ii) whether one can ask information which is is 20 years old?

iii) What if information is not provided?

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Prasad GLN

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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