Upgrad LLM

inspection of record with counsel under rti

Prakash Legal Clinic Haridwar

 

 

 

 

Inspection of record with counsel under RTI

- WP(C) No.

1. In this case the petitioner had requested that the

Deputy Commissioner of Police should permit

Compilation of the judgments of the Supreme Court of India and various High Courts.

Center for Right to Information, YASHADA 11

inspection of the concerned records with the

assistance of the counsel or some one conversant

in English.

2. There was no dispute that the petitioner's

request for inspection of the files was granted.

However, his request that he should be allowed to

inspect the record with the assistance of his

counsel or with the person conversant in English

was not considered. After hearing both sides, the

High Court held that the object of the RTI Act is to

provide access to information in the custody of

the executive agency. Undoubtedly the PIO was

of the opinion that the records of which

inspection has been sought, were not of the kind

which could be granted access to. If the

petitioner for some reasons fail inhibited due to

his not being fluent English, denial of appropriate

assistance in fact would have resulted in

withholding access to information. That is not

the object of the Act or even the order. In the

circumstances, the respondents should grant the

petitioner's request. Holding this the High Court

directed the respondents to permit inspection of

the concerned records by the petitioner, who can

be accompanied by his counsel or an authorised

representative.

 
Reply   
 
retd personal

I have a slightly different case ..I sought info from the Garrison Engineer  Delhi (Separately for each office namely North, South, East West, Centre and New Delhi) to provide me details of defence accommodations on their charge ( MES , the GEs are the custodians which then hand over the accommodations to the users units based on the orders of the Local military authority eg Station HQ / HQ Delhi Area) being given on rents for commercial purposes on Rent ( called Licence Fees in the Army Parlour..and again recommended  by a Board of Officers detailed from various Units by the competent local military authority namely the Station Commander approved by the local military commander). User units in turn submit monthly occupation/vacation report of each and every accommodation / building / vacant premises for allthe accommodations on their charge including those are rented to the private parties for commercial activities. Based on the report the Barrack Service Officers of the respective Garrison prepares the Licence Fee Bills for each and every occupied buildings on rent for commercial activities. BSO or the Barack Service Officers are directly under Garrison Engineers who are the designated  CPIOs.

This info duly vetted against the approved board proceedings are vetted by the ABSO OR AAO ( Account Officers deputed from the local Controller of Defence Accounts) are then issued against the user units which are then duty bound to deposit the money with the Govt Exchequers in the form of MRO a copy of which is then submitted to the local office of the CDA . Local audit officer who is also a rep from the CDA is then responsible to audit all such revenue deposits for the def accomodations as per the Min of Def orders. 

It is therefore obvious that info sought by me is available centrally with the respective Garrison Engineers which however denied me the info stating info is scattered , complilation will be cost prohibitic and a loss to the state. I was asked one of the GE however to come to their office to peruse the documents i.e to move from Secunderabad to Delhi to peruse the document with no gurrantee that the info would then be provided in black and white .

I filed my first appeal and got rejected. And filed the second appeal to the CIC which were clubed and heard by Sri ML Sharma last month. In his order the IC/CIC describe the offer of the respective GEs asking me to report to their respective offices at Delhi from Secunderabad a very fair deal and hence he saw no infirmities in the stand taken by the CPIO/First Appellate Auth.

Now I would like to know :

I had asked for info by post..is it within the rights of the CPIO/First Appeallate auth and even the IC/CIC to compel me to report to the office of the PIO to peruse the documents..I had asked for very specific details which are held with those offices and submited to the CDA routinely.

What could be my next course of actions? Can I ask for a full bench of CIC re-hearing? 

 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x