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| + | metatag-description=(Defensible PIO file noting format for RTI decisions: dak diary, point-wise mapping, Section 8 / 10 / 11 analysis and signature block. Template inside.)}} | ||
| + | |||
| + | ====== PIO File Noting Format for RTI Decisions ====== | ||
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| + | {{ : | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** Defensible PIO file noting format for RTI decisions: dak diary, point-wise mapping, Section 8 / 10 / 11 analysis and signature block. Template inside. | ||
| + | </ | ||
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| + | <WRAP center round tip 100%> | ||
| + | Every RTI reply is only as strong as the file noting that supports it. The First Appellate Authority and Information Commission read the noting before they read the reply. A defensible noting follows a fixed skeleton: **dak diary, mapping of queries to documents, exemption analysis with case-law citation, severability and Section 11, costing and timeline, decision and signature**. PIOs who skip this skeleton lose appeals routinely; those who follow it survive even contested cases. | ||
| + | </ | ||
| + | |||
| + | ===== When to use this guide ===== | ||
| + | |||
| + | Use this guide every time an RTI request is opened. The format below is suitable for central ministries, state secretariats, | ||
| + | |||
| + | ===== Legal basis ===== | ||
| + | |||
| + | * **RTI Act 2005**, the entire Act for substantive duties. | ||
| + | * **Manual of Office Procedure**, | ||
| + | * **DoP&T Office Memorandum on RTI noting and disposal**, periodically revised. | ||
| + | * **CIC and State Information Commission decisions** on form and content of PIO orders. | ||
| + | |||
| + | The CIC has held in **Vinod Kumar v MEA (CIC, 2014)** and several later orders that a noting that does not record the Section 8 / Section 10 / Section 11 analysis is procedurally defective and may attract Section 20 penalty. | ||
| + | |||
| + | ===== Step-by-step process ===== | ||
| + | |||
| + | A PIO should follow this nine-step skeleton. | ||
| + | |||
| + | - **Open a fresh RTI file.** Number it as per the office' | ||
| + | - **Diary the dak.** Receipt date and mode (post, courier, online), fee, details of the applicant. | ||
| + | - **Number the points.** Read the application; | ||
| + | - **Map queries to documents.** For each point, list the file, register, register entry or website page that holds the information. | ||
| + | - **Apply Section 8 / 9 / 10 / 11.** For each point, record whether any exemption applies and why. | ||
| + | - **Compute the fee under Section 7(3).** Number of pages, mode of supply, intimation date. | ||
| + | - **Address timeline.** Record the 30-day deadline. If clarification or transfer was needed, note the dates. | ||
| + | - **Decide and sign.** Record the decision in clear language; sign with name, designation and date. | ||
| + | - **Despatch.** Reply by Speed Post AD or email; record the dispatch number in the noting. | ||
| + | |||
| + | ===== Format / template ===== | ||
| + | |||
| + | A complete file noting template. | ||
| + | |||
| + | < | ||
| + | File no. RTI/ | ||
| + | Office of [Public Authority] | ||
| + | |||
| + | Subject: RTI application from [Applicant name] dated [DD/ | ||
| + | |||
| + | PART A, DAK AND FACTS | ||
| + | 1. Application received by [post / online / hand] on [DD/ | ||
| + | 2. Fee: Rs [amount] paid by [IPO / online / DD]; confirmed deposited. | ||
| + | 3. Applicant: [name], [address], [email if any]. | ||
| + | 4. Number of substantive queries: [number] (numbered Q1 to Q[n]). | ||
| + | |||
| + | PART B, QUERY-WISE MAPPING | ||
| + | For each query, the dealing assistant has recorded the following. | ||
| + | |||
| + | Q1: [Reproduce the query] | ||
| + | Documents that respond: [List] | ||
| + | Held by: [Section / register / officer] | ||
| + | Exempt? [No / Section 8(1)(_) / Section 9 / Partly] | ||
| + | Reasons: [Brief reasoning] | ||
| + | Decision: [Disclose / Decline / Disclose in part] | ||
| + | |||
| + | Q2: [Reproduce the query] | ||
| + | Documents: [List] | ||
| + | Exempt? [....] | ||
| + | Section 11 trigger: [Yes / No]; if yes, third party identified as [name]; notice issued on [date]; representation received on [date]; hearing held on [date]; reasons recorded. | ||
| + | Severability under Section 10: [Yes, paragraphs X and Y disclosed; A and B redacted / No]. | ||
| + | Decision: [....] | ||
| + | |||
| + | [Repeat for each query] | ||
| + | |||
| + | PART C, EXEMPTION ANALYSIS | ||
| + | 1. For Q[number]: Section 8(1)(j) two-limb test applied; Girish Ramchandra Deshpande v CIC (2013) 1 SCC 212 followed. Public-interest override considered and [accepted / rejected] for the reasons recorded. | ||
| + | 2. For Q[number]: Section 8(1)(d) commercial confidence; Section 11 followed; severance under Section 10 applied. | ||
| + | 3. For Q[number]: Section 9, copyright owned by a non-government party; alternative summary supplied. | ||
| + | |||
| + | PART D, TIMELINE | ||
| + | 1. Day 0: receipt on [date]. | ||
| + | 2. Day 5: Section 11(1) notice issued on [date]. | ||
| + | 3. Day 15: representation received on [date]. | ||
| + | 4. Day 25: hearing held on [date]. | ||
| + | 5. Day 30: reply prepared by [date]; despatched on [date]. | ||
| + | |||
| + | PART E, FEE | ||
| + | 1. Section 7(3) intimation issued on [date] for Rs [amount] (Rs 2 per A4 page x [number] pages). | ||
| + | 2. Payment received on [date]; remaining [pages] dispatched on [date]. | ||
| + | |||
| + | PART F, DECISION | ||
| + | 1. Information at Q1, Q3, Q5 is disclosed in full. | ||
| + | 2. Information at Q2 is disclosed in part with redaction of [reference] under Section 8(1)(j) read with Section 10. | ||
| + | 3. Information at Q4 is declined under Section 8(1)(g) for the reasons recorded. | ||
| + | 4. Applicant is informed of the right of First Appeal under Section 19(1); third party at Q2 is informed of the right under Section 11(4) read with Section 19(2). | ||
| + | |||
| + | [Signature] | ||
| + | [PIO Name] | ||
| + | [Designation] | ||
| + | [Office, Telephone, Email] | ||
| + | [Date] | ||
| + | |||
| + | PART G, DESPATCH | ||
| + | 1. Reply despatched by Speed Post AD on [date], AD no. [number]. | ||
| + | 2. Reply also sent by email to [address] on [date], delivery confirmed. | ||
| + | 3. File closed; appeal window monitored. | ||
| + | </ | ||
| + | |||
| + | ===== Common mistakes ===== | ||
| + | |||
| + | * **No dak diary.** A noting that does not show the receipt date is unusable in appeal. | ||
| + | * **Generic exemption.** " | ||
| + | * **No Section 10 paragraph.** Even when full disclosure is decided, record that severance was considered and not needed. | ||
| + | * **No Section 11 paragraph.** When third-party data is involved, the noting must mention the trigger consideration (yes/no, with reasons). | ||
| + | * **No timeline log.** When First Appeal alleges delay, the timeline log is your defence. | ||
| + | * **No costing log.** Section 7(3) fee intimation date and payment date must be recorded. | ||
| + | * **Generic signature line.** Always include name, designation and date. Stamp alone is not enough. | ||
| + | |||
| + | ===== Appeal or next step ===== | ||
| + | |||
| + | * **First Appeal** under Section 19(1), the FAA reads this noting before any reply. | ||
| + | * **Second Appeal** to CIC / SIC, the noting is the document the Bench evaluates. | ||
| + | * **Section 20 penalty** when noting is missing or contradictory. | ||
| + | * **Internal RTI register** must show every file from receipt to closure. | ||
| + | |||
| + | ===== FAQs ===== | ||
| + | |||
| + | ==== Is the noting itself disclosable to the applicant? ==== | ||
| + | |||
| + | Yes, in most cases. The substantive noting on the RTI request becomes part of the file. The DoP&T has clarified that file notings are not exempt by virtue of being notings. | ||
| + | |||
| + | ==== Can the PIO take legal opinion before deciding? ==== | ||
| + | |||
| + | Yes. The PIO can consult the law cell or the dealing officer' | ||
| + | |||
| + | ==== What if the dealing assistant resists giving the documents? ==== | ||
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| + | The PIO has authority under Section 5(4) to seek assistance; refusal can be reported. | ||
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| + | ==== Should the noting be in English or the official language of the area? ==== | ||
| + | |||
| + | Either, consistent with the office' | ||
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| + | ==== Should the noting reproduce the application? | ||
| + | |||
| + | A summary of each query is enough; the full application is on file. | ||
| + | |||
| + | ==== Can the PIO redact the noting on appeal? ==== | ||
| + | |||
| + | The PIO is not the appellate authority. The FAA may direct redaction or further disclosure. | ||
| + | |||
| + | ==== What if the file is electronic? ==== | ||
| + | |||
| + | The same skeleton applies; record dates, decisions and exemption analysis on the e-noting screen and export a PDF for the file. | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | * RTI Act 2005: [[https:// | ||
| + | * DoP&T Manual of Office Procedure: [[https:// | ||
| + | * Central Information Commission: [[https:// | ||
| + | * DoP&T RTI portal: [[https:// | ||
| + | * State ATIs / YASHADA training material | ||
| + | |||
| + | Last reviewed: 9 May 2026. | ||
| + | |||
| + | ===== Related PIO guides ===== | ||
| + | |||
| + | * [[https:// | ||
| + | * [[guide|Guide hub]] | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
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