Information generated by the applicant

The Appellant submitted that he had filed written submissions at CIC in respect of his second appeal No. CIC/SBIND/A/2017/120059 on 23/07/2018. In this connection, he sought a certified copy of the said written submissions. The appellant submitted that certified copy means, stamp has to be affixed and designated officer has to sign the document and give it. He admitted that the Commission cannot certify a document not generated by them but was concerned that his written submissions was not received at the time of decision. The PIO submitted that the written submissions dated 23.07.2018 of the appellant were available on record at pages 50-97 of the PDF file no. CIC/SBIND/A/2017/120059. The PIO replied that there is no provision for providing certified copy of the documents provided by the appellant to the appellant himself. The CIC upheld the order of the PIO.

Comments

The information generated by the applicant is not held by the PIO. Being the originator of the information, the applicant is the holder of the information. This view has been upheld by the Madras High Court in W.P no. 26781 of 2013.

Citation: Prakash Ishwarbhai Patel v. RTI Cell, Central Information Commission in File No.: - CIC/CICOM/A/2019/116199, Date of Decision: 23/04/2021

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com