Rti
hage nibo
(Querist) 16 March 2013
This query is : Resolved
Learned Members,
What if false/fabricated information is furnished by the PIO under RTI Act?
More particularly, how do we know the authenticity of the information furnished by PIO or APIO ???
Raj Kumar Makkad
(Expert) 16 March 2013
You have raised two questions. So far your first question is concerned it is advised you that in case any false information is furnished by any authority then you may adopt two courses. One to file appeal before the appellate authority within the limitation and second is filing a criminal complaint against such authority if you have already true information in your hand so that it may be duly got compared and may easily be proved that deliberately a false information has been supplied while performing public duty. Even a departmental complaint can also be made seeking strict action.
In response to your second question, it is clarified that a board is displayed in front of every office in India wherein the person designated as PIO in that office is mentioned thereon with his official designation with telephone no. so get benefit of it.
Advocate M.Bhadra
(Expert) 16 March 2013
SECTION 20 RIGHT TO INFORMATION ACT
Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.
(2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.
Poonam Singhi
(Expert) 16 March 2013
You can proceed as directed by the learned experts.
Shailesh Kumar Shah
(Expert) 16 March 2013
What if false/fabricated information is furnished by the PIO under RTI Act?
Answer: File First Appeal to get desired information.
how do we know the authenticity of the information furnished by PIO or APIO
Answer: it can be answered more particularly, after perusal of information asked and their reply.
hage nibo
(Querist) 17 March 2013
Thanks to all the learned members for devoting valuable time in giving praiseworthy advice/answer to the query.
