Right to information act 2005
Prasad P Parab
(Querist) 24 February 2012
This query is : Resolved
Dear Experts,
Many times the information is asked with PIO by the applicant, but is not collected by him .This creat the missuse of Goverment machinery and stationary.Is their any law in force against this act of the applicant for harrasement to the goverment Officials?
Shonee Kapoor
(Expert) 24 February 2012
You mean to say that the applicant seeking information is not collecting the information.
Strange. But still no action lies against them.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
mahendrakumar
(Expert) 25 February 2012
actually,what is the issue?
in rti applicants seeking only available information.
it is the pio/cpio to provide the same,if available.
the question of collecting the information arises only,when the information involves larger volumes involving additional costs,wherein the applicant has a choice to pay the same and collect or not.
where is the question of harassment here?
prabhakar singh
(Expert) 25 February 2012
I think indirectly you want to know is there
any way out to escape from your duty in the name of misuse of government stationary.???
There is one possible way that you all should represent to scrap the Act it self.
Na rahe baans na baje bansouree.
Advocate M.Bhadra
(Expert) 25 February 2012
For non-compliance of application you can first appeal u/sec.6(3)of the RTI Act 2005 before the Appealate Authority with informing State/Central Information Commission as the case may be.
Raj Kumar Makkad
(Expert) 25 February 2012
Generally Govt./PIO charge the amount to be incurred on making photocopies prior to issuance of the information say wihin 6 days of the receipt of such application so there is no question of loss to State exchequer in preparing the information. It can also be sent through post if not collected by applicant.
Prasad P Parab
(Querist) 25 February 2012
The applicant seeks information by paying Rs 10/-. After that the PIO draws the photo copies of the available information. Some tomes the Valume may be large,which may take lot of efforts to by PIO.After drawing the information PIO calls to the applicant for Payment of fee i.e. 2/- per page.However the applicant do not turns to pay the fee this causes harrasement to PIO as his all eforts to draw the information go west.
Deepak Nair
(Expert) 25 February 2012
It causes harrassment. Agreed.
But, no law has been passed with respect to such issues.
malipeddi jaggarao
(Expert) 25 February 2012
It is the PIO to intimate the applicant the chargeable amount for supplying that information. The PIO can with-held the information till he receives such charges either by Bank DD or IPO. Once the charges are paid the PIO is required to send the information to the address given by the applicant. Where is the question of harrassment in the process? Only one such way seek the information and do not pay the charges. If charges are not paid, no information is supplied. Then what is the harassment.
Prasad P Parab
(Querist) 25 February 2012
the PIO search the rquisite information from old record and then inform the applicant to pay the fee. some times he takes the photo copies of the documents and informs about the fee.Drawing the information from old records is a tedius job.And after such all efforts to give information if applicant do not turned to collect the same obviously is a mental harracement.
mahendrakumar
(Expert) 25 February 2012
everything including rti act could be misused by some sections.
remember for ages, any simple piece of information was denied to the "aam admi" under the pretext of official secret.
you might be harassed isolately by some information seeker.
however,you had collected that information during the comfort of official working hours.
still,before collecting the information,you can wait for the response of the rti applicant for the charges and only on receipt of the same,you need to sent it.
if most of the information pertaining to a dept is made available in electronic form and updated in the official website,many of such answering of queries could be avoided or minimised.
umapathi.s
(Expert) 26 February 2012
in such cases only the PIO is to be blamed. PIO should not take the photocopies of the documents till the payment by the applicant is received by PIO. PIO should follow the procedure mentioned in section 7(3) of the Act. PIO has to intimate the cost of the information and wait for the payment by the applicant. I feel there is no misuse of the Act, PIO has just done his job as per the Act.
Prasad P Parab
(Querist) 26 February 2012
thank you all for your valuable suggessions.
with regards
Deepak Nair
(Expert) 27 February 2012
A practical suggesstion by Mr.Umapathi.
