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CS Executive · Jurisprudence, Interpretation and General Laws · Right to Information Law

Meera Traders supplied its pricing formula to a government department in confidence. A citizen seeks the formula under the RTI Act. The PIO issued a notice to Meera Traders, which objected. Which statement correctly describes the PIO's duty in deciding the request?

The PIO must keep the third party's submission in view when deciding, though it is not binding, and the decision notice must tell the third party it can appeal under section 19. The third party's objection does not automatically bar disclosure.

  1. AThe third party's objection binds the PIO, who must refuse disclosure
  2. BThe PIO must keep the third party's submission in view while deciding, and the third party may appeal against a decision to discloseCorrect
  3. CThe PIO may ignore the submission because the Act gives the third party no right to appeal
  4. DThe PIO must disclose the information because notice has already been given

Explanation

Section 11(1) requires the third party's submission to be kept in view, but it does not bind the PIO. Section 11(4) requires the decision notice to state that the third party may prefer an appeal under section 19. Options A, C and D misstate these rules.

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