right to information

Dy Director

Initially I felt like replying out of experience in RTI but have decided to withhold my views.

 
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Retired employee.

@Thiru Sudhir Kumar,

The replies/guidance provided by experts is not meant only for those who posts such query.   Many members who study the replies can learn out of the experience.  Because a member made some comments, others need not suffer.  Please post such guidance for the use of all other members.


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Dy Director

Current expression of the querist compels me to share my views.

 

First part of the question raised by you about getting the complaint.

 

As far as RTI is concerned it applied only on that information which is "held" by public body.  Yes this is one such information but at the point the disclosure can be more of less successfully  denied on the pretext of impeding investigation.

 

when chargesheet is made then it is no more "held" by public body and is put in open domain and copy given to the accused and the provision exists (since 1883) much before anyone could even dream about RTI Act. Without disclosure of this information to the accused the right to defence does not commence.

 

Second issue is copy of FIR. 

Generally text of the complaint is entered in FIR.  Again it is also not an information "held" by public authority so not subject to RTI Act.  It is information available in public domain.  Many states are putting FIR on internet.  Anyhow provision exists in sending copy of FIR to the Ilaqa Magistrate and from that point onwards it becomes information available in public domain.


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Retired employee.

@Sudhir Kumar--Agreed. but these denials may not deter applicants going for the first appeal and then for the second appeal.

Mere denial of information stating that exemption under Sec. 8 (1) is not proper, and as held in umpteen decisions the PIO must state as to what way the providing of such information impedes the investigation is more important.

It is absolutely true to state that once it is uploaded the SPIO is not the custodian of that information, in view of this applicant must seek certified copy as this is one form of information that can not be accessed from websites, and PIO is bound to provide information in the form it was solicited.

The query was Can he file the FIRST APPEAL against it:

The simple reply is: YES.

Every citizen is entitled as a right to go for the first appeal and second appeal and there is no bar for the laid down process/rights under the RTI Act. and appeals are prescribed ways of getting information if there is a denial.(Without justification denial has to be treated as malafide)

 

 
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