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Denial of Information


s_srikumar

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s_srikumar

I had a very bad experience Tamilnadu State Information Commission.

 

1. I asked HR&CE PIO to provide the details avaiable from the record maintained for the past 20 years. SIC told me that applicant can’t ask for the details which are 20 year old. Based on this question, it can be directly rejected….

 

Is there any section in the RTI which gives such power to SIC to reject my RTI?

 

2. The PIO had given the information in the plain paper (hand written) i.e. without any signature / government seal. I told to SIC…the hand written document without signature is not acceptable. Such relay is legally not acceptable; I further told… I can’t use these documents for litigation purpose. For this SIC replied.. There is no provision in the RTI to ask for the document with signature.

 

Please guide me on this. Without signature I will not be able to file litigation

 

3. Incase if I am not satisfied with SIC answer, to whom should I approach?

 

4. When I complained about the denial information for few of my basic questions like... Number of employees, qualification of the trustees… SIC replied…PIO can only provide the information which is available with him. PIO can’t do the research for our questions… All my questions comes under section 4… Still he replied in this manner.

 

How do I proceed further on this?

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dr.s.malhotra

The Order of IC is wrong on points 1,2 and 4.

If what you write is true , then it is sorry state of affairs at TN SIC . The concerned IC must get some lessons on RTI Act to be able to chair the post of Information Commissioner .

 

On point 3 : You have to approach HC with writ petition .

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There is no restriction of age of information that can be accessed. On the contrary, if information is older than 20 years some of the reasons [ a, c, i of section 8.1]for non-disclosure will not apply as per section 8.3. Any information or document supplied under RTI should be authenticated by custodian of that information with his signature, seal and preferably date and his name. Information you received on plain paper is no information since it cannot be used for official or legal purposes.

 

It indicates total lack of application of mind or lack of knowledge or extraneous consideration. You may represent in details query-wise to Chief IC of TNSIC requesting review by larger bench, since it has power to review orders and decisions which are patently illegal on face of it.

 

If you fail in this review petition, you will have to challenge in High Court by way of a writ. It is costly and time consuming.

 

You may also refer:

 

Not satisfied with IC

http://www.rtiindia.org/forum/blogs/jps50/1050-not-satisfied-decision-information-commissioner.html

 

You can also later on lodge complaint with State Vigilance Commission to enquire the matter from vigilance angle for such orders.

 

Sec 76 of Indian Evidence Act 1872

 

76. Certified copies of Public Documents - Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officers with his name and his official title, and shall be sealed whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies.

Explanation - Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents or parts of the public documents of which they purport to be copies.

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karira
Thanks a lot for your information. I am doing the appeal again to SIC.

 

Rather than file a formal review, first meet the concerned IC and tell him all the above facts/citations.

See the response.

If he seems to be very obstinate, there is no point in filing for a review.

better approach the HC directly.

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