Dear friends,
 
I have observed certain actions on a RTI petition by the CPIO of my company.  
An applicant had requested copies of certain documents which were 
correspondence between senior officials of the company and copies of certain 
files which included file notings too.
I have learnt that, in the RTI Act, there are provisions to provide such 
infomation which contains file notings, correspondence letters etc.
However, at the same time, i have also learnt that, under the RTI Act, every 
company is required to put on their websites certain information described in 
the Act.  The companies / organisations are also required to clearly mention in 
their websites which information and how much information are allowed to be 
given to individuals under "proactive disclosure".
Now, in my company website, under this proactive disclosure, it has been 
clearly stated that all the minutes of board meetings or committees or reports 
of disciplinary committees, etc, nominated by the company for various reasons, 
will not be disclosed to the individuals.
Now, are these two not contradictory? On one hand, the RTI Act says provide 
every information including file notings and correspondence, and on the other 
hand, gives an organisation discretion to deny the information IF the 
same comes under "proactice disclosure" and if the company has already stated 
in their websites that it will not disclose those kinds of information.
In the above case, the company has refused information to be provided to the 
individual on the grounds that it has been clearly put on the website that such 
information cannot and will not be disclosed to anyone. This comes under some 
section 4 (2) viii or something, which deals with information to be put on the 
websites.  I am not sure about the section but it is 4 (viii) or something.
My doubt is - Is the company right in refusing the information under this 
clause?  If it is not clear, will provide more details.
Please clear my doubt.
 
Rajasekhar.


Kaza raja

--- On Tue, 25/11/08, chi_international <[EMAIL PROTECTED]> wrote:

From: chi_international <[EMAIL PROTECTED]>
Subject: [rti_india] Procedure cannot bloc justice.- technicalities cannot 
defeat tight to info
To: [email protected]
Date: Tuesday, 25 November, 2008, 9:00 PM






--- In [EMAIL PROTECTED] ps.com, "sroy1947" <[EMAIL PROTECTED] .> wrote:
>
> 1) A PIO can only give copies / access to information which exists 
in
> material form.
> 
> 2) File a First Appeal within 30 days of receipt of PIO's reply. In
> this you may state as GROUND A that the information exists but is
> being suppressed by the PIO. GROUND B is that the information is 
being
> supressed TO the PIO. GROUND C is that destruction or suppression of
> information which is subject of the request is liable to penalty 
under
> RTI Act. In your FA dont agitate irrelevant things like corruption 
and
> what the P/A actually did or should have done - ie. dont state your
> opinions / conjectures / presumptions / grievances as facts.
> 
> Sarbajit
> 
> --- In [EMAIL PROTECTED] ps.com, Brando Conscience
> <brandoconscience@ > wrote:
> > 
> > Sir
> > 
> > I have been told by PIO that he is not able to trace information
> related to quasi judicial proceedings on a corrupt complaint made by
> me against a Govt officer. The Public Auth that time in 2003 who was
> suppose to attend my these corrupt complaints has moved on to 
another
> Govt Org in transfer. It is obvious he did not do anything and 
abetted
> in corrupt issues.
> > 
> > What are the options for me. I have proof that he received those
> complaint letters but no reply in 2004 AND EVEN TODAY WHICH RESULTED
> IN THE CORRUPT OFFICER GETTING AWAY SCOT FREE. Though he
> was prosecuted later for similar issues, but my query is what the
> concerned supervising mechanisms did ?
> > 
> > 
> > The Public Auth obviously ignored these applications against the
> corrupt officer and today PIO is acting helplessly.
> > 
> > What RTI act says about any official not producing information or
> any official not maintaining records of his decisions.
> > 
> > Can they be dealt for suppressing information.
> > 
> > Regards 
> > BRANDOCONSCIENCE
>

 














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