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RTI
Contradiction in the reply of PIO and FAA

Information regarding entry and departure timings of a particular vehicle as per the record book of a toll plaza was sought by the appellant. The respondent was absent at the hearing despite valid and timely notice of the CIC for which warning was issued to the concerned respondent PIO and Project Director, National Highways Authority of India. The CIC observed that the concerned PIO should desist from committing such lapse in future. The PIO claimed that relevant records are not available whereas the First Appellate Authority claimed that the sought for information is a third party information, hence, the same cannot be provided u/s 8(1)(j) of the RTI Act. The PIO and Project Director, NHAI was directed to state on affidavit to the CIC that the information provided on these points is factually correct, based on records and nothing is hidden therein.

Comments

The PIO should either take a prior permission of the CIC before abstaining himself from the hearing or he should send a proper representative to attend the hearing before the CIC after obtaining due permission from the CIC for doing so and after ensuring that the authorised representative is briefed appropriately.

Citation: Dilip Joshi v. National Highways Authority of India in File No.: CIC/ NHAIN /A/2017/102258, Date of hearing: 20.03.2018, 13.07.2018

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at http://www.rtifoundationofindia.com/


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