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        Case ID :

        2014 (1) TMI 1673 - HC - Indian Laws

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        Court Orders Respondent to Provide Documents under RTI Act; Petitioner Advised on NOC from Fire Dept The court ruled in favor of the petitioner, directing the first respondent to provide certified copies of documents requested under the Right to ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                              Court Orders Respondent to Provide Documents under RTI Act; Petitioner Advised on NOC from Fire Dept

                              The court ruled in favor of the petitioner, directing the first respondent to provide certified copies of documents requested under the Right to Information Act within one month. The court advised the petitioner to directly approach the Fire and Rescue Services Department for the unavailable No Objection Certificate.




                              Issues:
                              - Certification of copies under the Right to Information Act, 2005
                              - Availability of No Objection Certificate issued by the Fire and Rescue Services Department

                              Certification of Copies under the Right to Information Act, 2005:
                              The petitioner, a lawyer, filed an application under the Right to Information Act requesting attested or certified copies of documents from the Public Information Officer. The petitioner's request for certification was denied by the Appellate Authority, citing a general instruction against certifying copies issued under the Act. The respondents argued that the Act does not mandate certification of copies and that doing so may authenticate potentially fabricated documents, posing risks to society. However, the petitioner contended that the Act allows for the issuance of certified copies, as defined in Sections 2(f) and 2(j) of the Act. The court agreed with the petitioner, emphasizing that certifying a copy under the Act only confirms it was issued under the Right to Information Act, not verifying the authenticity of the document. Consequently, the court directed the first respondent to provide a fresh set of documents requested by the petitioner, certifying them as copies issued under the Act.

                              Availability of No Objection Certificate issued by the Fire and Rescue Services Department:
                              The respondents stated that the No Objection Certificate was not provided as it was unavailable in the files. The court advised the petitioner to approach the Fire and Rescue Services Department directly for the information. Given the unavailability of the certificate, the court did not issue any specific directives regarding this matter in the judgment.

                              In conclusion, the court ruled in favor of the petitioner regarding the certification of copies under the Right to Information Act, 2005, directing the first respondent to provide the requested documents with certification within one month. The issue of the missing No Objection Certificate was advised to be pursued directly with the Fire and Rescue Services Department.
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                              ActsIncome Tax
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