RTI reply--- a Public document or not ????
Querist :
Anonymous
(Querist) 19 December 2010
This query is : Resolved
Whether a reply given by a PIO is a public document (in the eyes of the court) or not???
Raj Kumar Makkad
(Expert) 19 December 2010
No. It is to be proved duly as per Evidence Act.
G. ARAVINTHAN
(Expert) 19 December 2010
It is deemed to be a public Document as it is issued by an authorised person, who is a public servant
Advocate. Arunagiri
(Expert) 19 December 2010
Yes, it is a copy of or information about the public document. So, this is also a public document.
s.subramanian
(Expert) 20 December 2010
It is certainly a public document.
Querist :
Anonymous
(Querist) 20 December 2010
Sirs,
I put the same question on somewhere else and got a reply---
Indian Evidence Act 1872
"35. Relevancy of entry in public record made in performance of
duty.-An entry in any public or other official book, register or
record, stating a fact in issue or relevant fact, and made by a public
servant in the discharge of his official duty, or by any other person
in performance of a duty specially enjoined by the law of the country
in which such book, register or record is kept, is itself a relevant
fact."
:
"74. Public documents. The following documents are public
documents:--
(1) documents forming the acts or records of the acts--
(i) of the sovereign authority.
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, judicial
and executive, 2*[of any part of India or of the
Common-wealth], or of a foreign country;
(2) public records kept 3*[in any State] of private
documents.
75. Private documents. All other documents are private."
So the reply of a PIO is NOT a public document.
(notwithstanding 74(1)(iii) :-) because it does not
RECORD any ACTION performed by him. (Drafting,
printing, signing etc and sending a RTI reply is
not an "action")
Please comment........
H.M.Patnaik
(Expert) 20 December 2010
Going by the extract of the provision laid down in the Evidence Act, 1872,what is supplied by the Public Authority under the RTI Act should necssarily form part of the 'Public Document" covered under Sec.74(1)( ii)of the said Act.
Swami Sadashiva Brahmendra Sar
(Expert) 19 December 2010
