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Harnam Singh Thakur ( RTI Activist)     06 December 2013

Rti act

I received certain information under the RTI Act 2005 fro the public authority.

When I filed case against  the public authority , the public authority filed a reply that the information

supplied was a clerical mistake.  I argued that the information supplied under the act is from the record
.


Can a Public authority back track from the information which they have supplied under the act ?

Where do I stand in this case?

What I should do to make my case strong?



Learning

 3 Replies

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     07 December 2013

You can take two course of action- First in your case in the Court against Public Authority, file an application for production of original document. Second, you can file a complaint to the Information Commission about the incorrect and false information supplied to you. The Information Commission has the power to penalise the Public Information Officer and can also grant you compensation for detriment suffered by you on account of  supply of incorrect and false information by Public Authority.

On the case pending in Court, the information supplied under the Right to Information Act is admissible as secondary evidence (under Evidence Act) and unless proved contrary, it is assumed to be correct. In case the Public Authority is disputing the correctness of the information, the Public Authority is required to produce original documents, which is primary evidence. If public authority is admitting that the information supplied to you is an error by its clerk, the onus is on the Public Authority to produce correct information. In such a case, you may file a compliant as well.

Harnam Singh Thakur ( RTI Activist)     12 December 2013

Thanks

What if the information supplied is in our favour  ?

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     12 December 2013

The information supplied to you under RTI Act does not give you any new right in redressal of your grievance. It only supplements your existing right and supports your case. Even after getting information under RTI Act in your favour, you will be required to take appropriate legal remedial action to exert your right and justice. If you go ahead in consumer case and information comes later, you may at an appropriate stage of the case, use the information in your favour.


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