False and misleading information provided by public information officer which spoils the spirit of RTI act, its preamble and section 2(f) and the information has been evasively denied ultravires the same section and the preamble of the RTI Act. Section 2 (f) provides, information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
Whereas , the PIO has mentioned “Since section 2(F) mandates information in the form of Records, Documents and other forms of data , I am unable to provide the information required under RTI Act 2005, so that the particulars are not available in any form in this office.”
False and misleading information provided by public information officer which spoils the spirit of RTI act, its preamble and section 2(f) and the information has been evasively denied is evident to a prudent person.
PIO has taken all the days of unreasonable delay only to evade the application and not to provide information is clear.
Information is requested under the right to information, it is public information and raised with larger public interest from the understandable from perspective of the application. The information shall not be denied when requested by Parliament of State legislature. It is also to be noted that the PIO has not transferred the request under section 6(3) if it is originally related to another office. PIO has knowingly denied with false and misleading evasive information.
Therefore applicant reserves right to file a complaint petition and second appeal seeking all the suitable remedies including stringent action on the PIO.
ORDER / DECISION REQUEST before FAA:
1. Information requested to be provided in true and full information need to be provided within 7 days by post / email to the applicant.
2. As the PIO is habitually delaying petitions only to deny information, PIO needs to be instructed departmentally and under RTI act to ensure proper dissemination of information under RTI Act. A memo may be issued to PIO on the same departmentally with the initiative of FAA, seeking explanation.
3. There is no reason as to why RTI denial was delayed so many days. That need to be informed by the PIO to the FAA.