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gowri shankar wuriti
07-03-2014, 02:17 PM
I had applied for seeking information on an OM issued by personnel ministry to Dept. of space in the year 1996.


1. whether the OM is issued by MIN. of personnel ?
2. whether the OM is valid as on date?


the answer from CPIO,DOS stated that " this is in the nature of question or seeking opinion. hence the same does not come under the purview of information under section 2(f) of RTI Act 2005."


if it is so kindly guide me how to get the validity of that particular OM?


Meanwhile I tried with min. of personnel. for both the questions min of personnel sent the copy of the said OM and did not clearly stated its validity as on date.


request to clarify whether it is valid as on date as per Personnel ministry answer?
or seek information from DOS by putting the query once again to DOS?

Victor
08-03-2014, 10:45 PM
If the Ministry of Personnel has provided you a copy of the desired OM then the first query has been answered.

As regards the validity of the said OM, this depends on its content. The M/o Personnel generally issues OM to convey guidelines/instructions for dealing with generalised cases. The OM is valid/applicable till the cases reoccur. Until then the OM beomes dormant. If it can be safely said that the cases have become redundant or will not occur again then the OM becomes as good as a dead letter. OMs are also sometimes issued to deal with a particular one-off case. In this case the OM becomes redundant after it is used in the said case.

Therefore the contents of the OM can only throw light on the applicability of the OM. RTI Act may not be appropriate to answer this question.

Victor

gowri shankar wuriti
10-03-2014, 11:26 AM
thank you for your reply sir.