Jump to content

section 2(f) of rti act


umeshh
 Share

Recommended Posts

elaborate details of information means

1) opinion includes- questionnaire information in nature with document

2)OPINION includes- clarification on govt act/orders with related document

 

 

 

 

ii)Provide procedure to apply to competent authority NEXT TO CIC if not satisfy the decision of CIC

 

iii)45 days which is stipulated period in rti act to provide the information by cpio is not sufficient otherwise OR CIC office to be provide all the information once it reached to CIC. May required amendment.

Link to comment
Share on other sites

Hon'ble members. Section 2(f) of R.T.I. Act 2005, categorically states that information means any material in any form, including records, documents, memos, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples,models,data material held in any electronic form and information relating to any prvate body which can be accessed by public authority under any other law for the time being in force. Section 7(1) states that CPIO OR SPIO after receipt of R.T.I. communique, may provide information as expeditiously as possible , and in any case within thirty days of the receipt of the request. Here opinion means opinion which is sought by a public authority from another public authority in order to issue an administrative order or quasi-judicial order or in order to take any policy decision. As far as power of C.I.C. is concern, act provides wide powers to C.I.C. in order to be instrumental in furnishing access to information to information seekers. But unfortunately those powers are not being applied by information commissions. Here is only required a supervisory body which may monitor the function of transparency penal and no retired bureaucrat may be appointed at the post of C.I.C. & I.Cs. .

Link to comment
Share on other sites

  • Moderators

Sir

While we are submitting the second appeal TO CIC bench, we have to sign in all pages of annexure of complaint.But when we are getting the information the pages of document of information are without original sign of RTI PIO/CPIO why and those information are realy useful/authentical to applicant.

 

 

2|Provide procedure to apply to competent authority NEXT TO CIC if not satisfy the decision of CIC

Link to comment
Share on other sites

While asking for information itself you can ask for certified copies. Then you will get signed copies. For appeals against CIC decisions you can approach the concerned High Court.

Link to comment
Share on other sites

Sir,

INFORMATION asked under section 2 like this ' Whether employes in central civil service rules (ccs)2008 pay scale range of Rs.15600-29000, grade pay 5400/ (group A) is executive or non executive category of employes as per industrial dispue act 1947 " along with reevant document.

CPIO replied for this after 150 days that information sought by is nottermedas recorded information. Morever the information sought is questionaire form which does not come under purview of rti act 2005.Question and clarrificationrelatedqueries can not be provided as per provision of section 2(f) of rti act 2005.

Shall WE appeal .

Thanks

Link to comment
Share on other sites

I think the best option for you is to redraft your query as suggested below, present it as a fresh application under RTI Act, and henceforth avoid putting your queries in question form -

Kindly supply certified copy of all records of your office to the effect that employes in central civil service rules (ccs)2008 pay scale range of Rs.15600-29000, grade pay 5400/ (group A) are considered as executive or non executive category of employes as per industrial dispue act 1947 "

Link to comment
Share on other sites

Hon'ble member. In view of your friend, CPIO made available reply after 150 days ipsofacto infringed section 7(1) of R.T.I. Act 2005. Consequently when the matter will be brought up before CIC ultimately , he may be penalized by transparency panel under section 20 of the R.T.I. Act 2005 for not complying aforesaid section. CPIO denied information as it was in questionaire form and related queries to explanation of information as it does does not come under the perview of transparency act. Here CPIO articulated in its reply that questionair is is not included under section 2(f) of R.T.I. Act 2005 but it also not excluded as well. CPIO articulated in its reply that information is recorded so he can compile the sought information and provide in accordance with the law. Here denial of information is against the spirit of Transparency act.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
      120k
    • Total Posts
      429k
  • Recently Browsing

    • No registered users viewing this page.
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy