Rti

kavksatyanarayana (Querist) 17 December 2016 This query is : Resolved
DEAR EXPERTS NAMASKARAMS. In recent days I heard some instances under RTI. It is well known that any one may seek any information (except under R-8). But unwanted information is also being sought by some persons and if we read the questions sought for, it will be clearly understood that there is no necessity with that information with them. For instance, a person has sought information on Fair Adangals (Pahani) for the entire village for the years 1940 to 1970. As a retired employee I know that it is practically not possible to give such information in the limited time because it is very difficult to search that old record. and there is possibility to damage due to insects etc., for the register from 1940 to 70. And in another case one person sought information regarding the service particulars as noted in Service Register of an employee and a copy of the service register. There is no necessity with the service register to an unknown person.

So is there any rule not to issue such information? can a PIO has discretion power in such cases?

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adv.bharat @ PUNE (Expert) 18 December 2016
For what purpose you need this information?

adv.bharat @ PUNE (Expert) 18 December 2016
Pubic interest or private interest?

Sudhir Kumar, Advocate (Expert) 18 December 2016
"But unwanted information is also being sought by some persons"

RTI Act doe snot contemplate that the applicant may establish whether/why information is wanted by him.

This is no ground to deny information.

Sudhir Kumar, Advocate (Expert) 18 December 2016
"it will be clearly understood that there is no necessity with that information with them"

who will decide this. If applicant has sought information it implies he needs information.

Sudhir Kumar, Advocate (Expert) 18 December 2016
"Fair Adangals (Pahani) for the entire village for the years 1940 to 1970."

is this information in any way refusable under section 8

Sudhir Kumar, Advocate (Expert) 18 December 2016
"As a retired employee I know that it is practically not possible to give such information in the limited time because it is very difficult to search that old record. "

So there are old records and the information can be derived. Applicant be informed that it cannot be retrieved in short time.

RTI Act also envisages that the information should be in retrievable manner.

Siddharth Dev (Expert) 18 December 2016
In case you may file appeal

Sudhir Kumar, Advocate (Expert) 18 December 2016
"one person sought information regarding the service particulars as noted in Service Register of an employee "

vague.

you are not clear what are contents of the said register.

does this register contain anything barred under section 8

Sudhir Kumar, Advocate (Expert) 18 December 2016
"There is no necessity with the service register to an unknown person. "

PIO is nobody to decide this. At the most he can invoke 3rd party clause which is also not valid if the applicant shows that he wants to unearth an irregularity.

Sudhir Kumar, Advocate (Expert) 18 December 2016
" There is no necessity with the service register to an unknown person."

many scams came to surface by such information.

P. Venu (Expert) 18 December 2016
No law or procedure requires anyone to perform the impossible!

Rajendra K Goyal (Expert) 18 December 2016
Agree with the advice from expert Sudhir Kumar.

malipeddi jaggarao (Expert) 18 December 2016
First of all, why are you asking this information? The Public Information Officer (OIO) is well equipped to avoid replies to such questions. You do worry.