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aks_aks123 (-)     21 January 2012

Rti - denial of info on grounds of extra work-load

 

Dear sir

is there an SC ruling stating that the public authority cannot disclose information, by taking an excuse of work-load or lack of staff. I have had a couple of instances wherein public authority gives an excuse that they cannot disclose the information as it requries considerably large amount of time.

 

do you have such ruling wherein disclosing information RTI Act is mandatory irrespective of the time being consumed in that task. pls share that with me. Do also guide me, on how to go across such cases.

Also, if there is no SC Ruling, are there any such orders from CIC.

 

rgrds

 



Learning

 4 Replies

MANI RAM SHARMA (Advocate)     22 January 2012

When an application has been filed under RTI act that may be decided under the Act only i.e. the PIO may rely upon section 8,9 or 11 and deny. Since the question of work load is not covered under the said sections  he can,t  take this vague and dubious ground to deny for information.

aks_aks123 (-)     22 January 2012

dear sharma sir, i am aware of that and also tried to explain this to the PIO but he said that their state has issued them orders to give this excuse whenever information asked is too much (or something that discloses something that should not be).

do suggest what should i do.

MANI RAM SHARMA (Advocate)     23 January 2012

Such extraneous grounds are  not tenable in law.

sridhar pasumarthy (ADVOCATE)     23 January 2012

You can prefer an appeal or you can file a complaint for deficiency of service before consumer forum.


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