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CBI sends backdated communications to RTI pleas

Last Updated 25 February 2015, 14:56 IST

In an example of callousness in handling applications filed under the RTI Act, the CBI has sent a reply dated even before the application was filed, apparently aimed at not giving 30-day period to the applicant to file his appeal.

Sending backdated communication for application under statutory provisions is a serious offence under the Right to Information (RTI) Act. Under Section 18 of the Act, a CPIO (Central Public Information Officer) can be slapped with a penalty for giving "false and misleading" information.

If sending backdated communication was not enough, the CPIO of Anti-Corruption Unit of the agency also returned the postal order of RTI fee which is again an offence under the transparency law.

Claiming exemption from disclosure under the RTI Act, CPIO Ratan Sanjay returned the RTI application, along with the fee, seeking status of closed Preliminary Enquiries related to allegations of corruption -- an information which is provided in the annual report of the agency, a public document.

Ironically, the reply no. 568/1-RTI/CBI/AC-II/2015 is dated January 3, 2015 whereas the application was dated January 16, 2015, showing that the agency might be using templates to respond to applications without applying mind to the information sought.

Sending backdated reply apparently could also be aimed at not giving 30-day period to the applicant to file his appeal.

The then Chief Information Commissioner Satyananda Mishra had sought the intervention of then CBI Director A P Singh, underlining that the agency was returning the applications after CBI was brought in the list of organisations exempted from the RTI Act.

Singh had then directed the officials to not return the RTI applications but with new Director Anil Sinha at the helm of affairs, the practice of returning the applications has again started.

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(Published 25 February 2015, 14:56 IST)

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