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gregjenings

Application transfer to another authority which is not authorised

Question

gregjenings

Hi

 

I have filed an RTI application to MCD ,Delhi (specific Zone) seeking property ID, Name of the owner and their pending property tax details.

I have also inquired about the certified copy of notice issued in respect of the pending property tax in respect of few properties.

I found it very disappointing that my application has been forwarded to to DDA (L&M ) which has no concern with the required information as property tax has been collected by the MCD and they also have the other details with them.

To me it appears that either the PIO doesn't know his duty/work and he is shrugging off his responsibility or it is tactic to delay the whole process by forwarding the application to DDA.

 

So now my question is should I immediately file a first appeal asking for reason to transfer of my application inquiring the Jurisdiction of Commissioner ,MCD ?or wait for DDA's reply which would take more than a month or sometimes the reply wouldn't even come from them and I loose my precious time as I also need those information in a particular Court case.

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9 answers to this question

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debnanda

Dear Member,

Yu can file a First appeal with the PIO , your RTI application forwarded after 30 days only. Waiting for another 4-5 days after 30 days will be ideal.

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Prasad GLN

Let your appeal present the entire picture with clarity in a tabulated form.

Grounds for appeal: Incomplete,incorrect and unsatisfactory information as discussed in detail pointwise here below.

_____________________________________________________________________________

Information solicited..................Information provided....Grounds for disagreement.

__________1_________________________2____________________3_____________________

 

1

2

3

so on.

___________________________________________________________________________

 

Seek personal hearing and prepare well in advance file written arguments, and after personal hearing file minutes of first hearing.

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RAVEENA_O

The transferee PIO has 30 days' time to decide the application. Wait till then (+ 5 days for postal delay) and if you don't get infomation or satisfactory information, you can file First Appeal with FAA.

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sarbajit

If the PIO applied to does not hold the information requested within his public authority, the RTI application can be transferred to the concerned public authority. In this case since the PIO has, after due application of mind, transferred your request to DDA(LM), so it is better to wait for the DDA PIO's reply and file the First Appeal to the Appellate Authority of DDA(LM). DDA is the land-owning agency and the name of the owner and property ID will be with DDA or L&DO.

 

Hope you get the hint.

 

Since you have asked for information concerning MULTIPLE PAs in a single RTI request, the PIO is perfectly correct to transfer your ENTIRE application to DDA - even though DDA has nothing to do with Property Tax etc (which is held by MCD).

 

You have asked for 3rd party info about somebody else's specific property(s). Ordinarily, you have no right to get such information using RTI. :-)

If you need the info for a court case, apply through the concerned court

 

Finally, don't presume that PIOs are fools, or underestimate them.

 

Sarbajit Roy

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Prasad GLN

PIOs are never fools but over smart.

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koteswararaonerella

Mr.Sarbjit is absolutely right and this transfer is permitted under the Act. and you have to wait for 30 more days as the new PIO has just got the application transferred to him and if this man NOT FURNISHES INFORMATION or any deficiency then you file FIRST APPEAL witht eh First Appellate Authority.

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Sunil Ahya

You may do two things:

 

1. File a first appeal with the concerned First Appellate Authority of the PIO of MCD,

> And in the Grounds of this First Appeal, state as follows:

 

a. The PIO has incorrectly transferred the RTI application, and thereby denied my request for information.

b. In-accordance with the provision of section 19(5) of the RTI Act, kindly put the onus on the PIO to prove the incorrect transfer and thereby a denial of my request for information.

> Prayers of First Appeal:

a.Kindly direct the PIO to provide the requested information.

 

2. In the meanwhile wait for the second PIO (transferee PIO - i.e. where the RTI application has been transferred) to respond, and based on his response or no response, file a first appeal with the FAA of second PIO at the appropriate time.

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gregjenings

I agree with you Sunil Ahya and I am going to file first appeal with PIO .

My point is which is lost in the discussion related to smartness of PIO's is that PIO should not transfer the whole application in original instead he should forward it for the concerned information only as per Rules.I want to safegaurd my rights within a time limit.

If someone could forward any such CIC or Some Court's Ruling that would be most convenient.

I agree with Sunil because there is no limit to file First appeals for same RTI and I hope we could outsmart the PIO's who are wasting time which is very precious.And in most cases eventually you have to file a second appeal with CIC which again take a lot of time so delay in justice is also justice denied.

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karira

Please read Sec 6(3)(ii):

 

(ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

 

..................

 

So, ideally, the PIO of MCD should have dealt with the tax part himself (since MCD holds that information) and transferred the other part to DDA.

 

Since he has not done that, file 2 first appeals:

 

1. One to the FAA of MCD for the Tax part

2. The other to the FAA of DDA for not getting the balance info

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