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Vipul Patel (XYZ)     27 March 2017

Right to information application in gujarat state.

Dear Sir,

I am new to the forum. My questions are related to RTI act. They are as under.

1. Is it mandatory to sign the RTI application by applicant? If application is not signed, can it be considered a valid application?

2. Is the contact details ( like address, email, contact no. etc.) are mandatory in RTI application?

3. With reference to 2. above , what if RTI applicant do not provide complete address / the applicant or his address is doubtful? Can information officer demand for the identity proof / address proof from the applicant?

4. If, the applicant demands some proof as information. The proof may have very wide defination. It may be considered as small 2-3 page proof or it may be considered as 300-400 page proof depending upon defination. What should information officer consider as proof?

5. With reference to pt. 4 above, can information officer ask the applicant about exactly what kind of proof is demanded by the applicant?

Pl. answer my questions as I am eager to know the answer.

Thanks in advance.

VP

 



Learning

 8 Replies


(Guest)

You have all the questions but you have not told what kind of information you are looking for.  WIthout you providing that information here, you cant expect a proper reply to the context.

 

Signature and address are must and you cannot provide incomplete or false information regarding name and address.


(Guest)

Because it is Gujarat you are scared is it? I have a question for you. DO you feel danger living in Gujarat?

Vipul Patel (XYZ)     27 March 2017

I do not feel danger living in Gujarat. My question is general.

Pl. do not take it other wise.

Thanks for your reply.

Vipul Patel (XYZ)     28 March 2017

Dear Sir,

Thanks for your reply. I would like to clarify that I have not demanded any information from any office. But, in office of one of my friend, some one has asked for some information through RTI. The application do not contain signature, email, contact no. etc. Only means to communicate to the applicant is adrress which seems to be incomplete.

All my questions are with reference to these facts. 

My friend is in dilemma whether to verify identity (genuine applicant or fake applicant) of the applicant or not? 

That is why I have asked the questions.

Again Thanks,

VP

Dr J C Vashista (Advocate)     28 March 2017

It is must.

G.L.N. Prasad (Retired employee.)     28 March 2017

1. Is it mandatory to sign the RTI application by applicant? If application is not signed, can it be considered a valid application?

An application through filed on line may not have such signature.  But a hard copy was received, PIO can not rremain quiet.  He has to write a letter to applicant to sign application and the period of 30 days counting commences from the date of actual receipt of application full in all respects.

 

 

2. Is the contact details ( like address, email, contact no. etc.) are mandatory in RTI application?

They are not mandatory.  As per Kolkata HC judgment even PB No. is sufficient.  The burden of proof of providing information to applicant as per stipulated period rests on PIO.  When information is the focus, applicant has to provide the particulars in his own interest.   In case of seeking informtion on sensitive matters, it is advisable to seek such information from a friend or relative residing in a different station and keep the identity a secret.  In one sentence as per Kolkata HC judgment, PB No. is sufficient.

 

3. With reference to 2. above , what if RTI applicant do not provide complete address / the applicant or his address is doubtful? Can information officer demand for the identity proof / address proof from the applicant?

The duty of PIO is to provide information as per his records within stipulated period, and sending the information to the given address.  He is not concerned with any other details of applicant.   This was never stated either in RTI Act or so far in any decisions/HC/SC judgments.  PIO has to act as to what was stated in RTI Act and as per rules and regulations framed by Public Authority.  He can not deduce, infer or assume some thing which is not stated in RTI Act.

 

4. If, the applicant demands some proof as information. The proof may have very wide defination. It may be considered as small 2-3 page proof or it may be considered as 300-400 page proof depending upon defination. What should information officer consider as proof?

PIO has to provide the information as it exists on record and in the form it is solicited by applicant.  If the applicant demands some proof of information, he has to file separate application for inspection of the relevant files.  What ever record is available for providing that information that record must be disclosed to applciant.  Volume of information is not material.  PIO can not cull out information, assume, deduce, infer or give opinion.  Information is that which is available as per records.

5. With reference to pt. 4 above, can information officer ask the applicant about exactly what kind of proof is demanded by the applicant?

There is only one stipulation to PIO in entire RTI Act that he has to either provide information or deny information stating such exemption in RTI Act with such justification for applying exemption within 30 days under RTI Act.

Applicant has to solicit the information as per RTI Act and can not question or interrogate PIO.   PIO can offer inspection to applicant of the relevant records basing on which the information was provided.  Once inspection is offered, it clears all doubts.  Applicant can even seek certified copies of such documents based on which PIO has provided information.

 

Vipul Patel (XYZ)     28 March 2017

Thank you sir for clear answer.

VP

Vipul Patel (XYZ)     28 March 2017

Thank You sir.

VP


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