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soni.rajender

roles and responsibilities of the Deputy Commissioner of Rewari

Question

soni.rajender

R/Seniors,

 

I have filed an RTI to get the roles and responsibilities of the Deputy Commissioner of Rewari. All the papers are attached herewith. Would request the team members and the Seniors of the forum - RTIINDIA.ORG to please guide me to get myself ready for the hearing of the Second Appeal.

 

Regards

Rajender Soni

dc.pdf

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G.R.Vidyaranya

Go through the file and remember on which points info has been supplied and on which points the same has been denied. Do not panic but refer to the file if you need to answer any query from SIC. There is nothing to fear as the whole hearing may not take more than two minutes. Good Luck.

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Prasad GLN

First prepare a written argument point by point in tabulated form and immediately after hearing is over you may submit the same in person to IC.

 

Use tabulation for easy reference point wise.

_______________________________________________________________________

Information solicited on.................Information provided by PIO..........Reasons for

-------------1-----------------------------2------------------------------3-----------

-----------------------------------------------------------------------------

disagreement..Violation of the Section.....Reference if any of decision./Court judgment

_______________________4_______________________4_________________________

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soni.rajender

Team,

 

Please help, this was my first hearing and that too was against the Deputy Commissioner, I don't have any support else than RTIINDIA.org.

 

As suggested by G.L.N Prasad sir, I have prepare a rough draft of my argument point to be handed over the State Information Commissioner after the hearing, Please help in finalizing the same.

---------------------------------------------------------------------------------------------------------------------

Subject : Case No. 3904/2014, Notice under Secction 19(3) of the RTI Act 2005, Sh. Rajender Soni, R/o H.No-92A, Qutabpur, Rewari, v/s 1st Appellate Authority cum Deputy Commissioner, Rewari & SPIO cum City Magistrate, Rewari

 

R/Sir,

 

Please refer the notice under Section 19(3) of the RTI Act vide reference number-7021/SIC/2014/5-1A dated 16 May 2014.

 

1. That the Applicant has submitted a RTI application in the office of Deputy Commissioner, Rewari on 08 Nov 2013.

 

2. That the Applicant has received information vide reference number 3051 dated 11 Dec 2013.

 

3. That the Applicant has submitted a First Appeal under Section 19(1) of the RTI Act 2005 against the PIO that the information provided was not satisfactory / incomplete and proper action as per the RTI Act – 2005 was not taken by the Public Information Officer on 27 Dec 2013. Brief of First Appeal are as follows:

 

a. Point no. 1 of the RTI application – Violation of Section 6(3) of the RTI Act-2005.

b. Point no. 2,5,7,8,9 of the RTI Application – satisfied with the information.

c. Point no. 3,4,6 – information provided was not satisfactory / incomplete.

 

4. That the Applicant received an notice/order from the FAA office vide reference number 3537 dated 17 Jan 2014 informing that the hearing for the First Appeal was scheduled on 29 Jan 2014.

 

5. The Applicant submitted an application in the office of FAA showing his inability to attend the hearing and requesting the FAA to decide the Appeal based on merit by email on 25 Jan 2014.

 

6. The Applicant submitted an application in the office of FAA showing his inability to attend the hearing and requesting the FAA to decide the Appeal based on merit on 30 Jan 2014.

 

7. The Applicant also submitted an application in the office of FAA showing his inability to attend the hearing and requesting the FAA to decide the Appeal based on merit by email on 11 Feb 2014.

 

8. The Applicant has submitted an application in the office of Deputy Commissioner, Rewari on 14 Mar 2014 that he was unable to contact the PIO cum City Magistrate, Rewari, requesting the Deputy Commissioner being the FAA under the RTI Act-2005 to help him by providing the contact details of the PIO and his availability.

 

9. The Applicant was shocked by the rejoinder submitted by FAA cum Deputy Commissioner, Rewari to the Hon’ble State Information Commissioner, Chandigarh, where, the FAA has mentioned that the Appeal was decided on 25 Feb 2014 and the Applicant was informed vide reference number – 4456-57 dated 10 Mar 2014.

 

10. That the First Appeal was submitted in the office of FAA cum Deputy Commissioner, Rewari on 27 Dec 2013 and the FAA has intimated vide rejoinder dated 3 June 2014 dated 5744, that the First appeal was decided on 25 Feb 2014 and the information was sent to the Applicant vide reference number 4456-57/RTI dated 10 Mar 2014.

 

11. The Applicant would like to inform that there is a clear violation of Section 19(6) of the RTI Act-2005.

 

Section 19(6) of the RTI Act-2005 –

An appeal under sub section (1) or sub section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

 

12. The Hon’ble State Information Commissioner is requested to kindly refer the information provided by the PIO vide reference number3051 dated 11 Dec 2013 where for the point no-1 of the RTI application, the PIO has informed that the required information is not available in the office. – The PIO has violated the Section 6(3) of the RTI Act 2005.

 

The required information falls under Section 4(1)(b) of the RTI Act-2005.

 

13. That the PIO has knowingly given incomplete or misleading information .

 

14. Violation of Section 2(f) of the RTI Act 2005 - That the Applicant has requested the PIO to provide the information in English language only, whereas the information provided was in Hindi language.

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Prasad GLN

Use simple format, economize each word. restrict to A 4 size. focus on relevant issue alone.

You may use sample format. If Hearing date notice was received file one copy in advance and utilise personal hearing to the maximum extent and confine to disagreed points only during hearin.

Before Hon. Information Commissioner,....................Commission,

Hearing in File No........................................On...................................

Written Arguments dt..................filed by Appellant:..............................................

against Public Authority. ................................................

Information solicited on............I Provided by PIO...Disagreement with PIO (Grounds for appeal)

 

1

 

2

 

3

 

Prayer:Appellant humbly prays for considering the arguments in third column as disagreement and direct PIO to provide information as expeditiously as possible and prays for imposing penalty and punishment against PIO as Hon.IC may deem fit for violations.

Place

Dt........ Appellant.

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soni.rajender

Dear Team,

 

I would like to thanks the RTIINDIA.ORG team for providing me the support to attend the hearing of the Second appeal. The hearing was scheduled yesterday in Rewari, Haryana. I need your suggestions on few points mentioned below:

 

As per Section 19(6) of the RTI act, the first appeal should be decided within 30 days, or maximum of 45 days with the reasons to be mentioned by the FAA, but in my case the FAA has take more than 60 days in deciding the first appeal. I have asked the SIC to penalize him, but the SIC replies that he can't penalize him on 19(6), as there are no instructions / reference / leading cases where the PIO/FAA was penalized or some other action was taken against him for violation of Section 19(6).

 

I would request the forum to please suggest or provide me the copy of any judgment where the court/SIC has penalized for the violation of Section 19(6).

 

Regards

Rajender Soni

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Prasad GLN

RTI Act mentions of obligation on part of PIO alone. This topic of penalising FAA was discussed in several cases. In Madras High Court case Known as LIC LIFT case the strictures passed by CIC were expunged by HC and Hon.Judge has categorically stated that there is no provision in RTI Act against FAA's violation.

This is a lacuna in RTI Act and now there is uproar to add FAA also for penalty and punishment in case of further amendments to RTI Act.

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karira

But the complainant/appellant can certainly pray to the SIC/CIC to send a copy of the order to the superior officer / evaluating officer of the FAA. The SIC/CIC can also require/recommend to the PA to change the FA - under Sec 19(8)(a) and Sec 25(5).

 

Sec 19(8):

 

19(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—

(a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including

 

One of the provisions of the Act is Sec 19(6) and in this case, it is definitely not being complied with.

 

If the SIC/CIC refuses to mark a copy to the superior officer of the FAA, the complainant/appellant can himself send a copy to the superior officer, with a covering note.

After a reasonable time, file a RTI with the office of the superior officer and find out what action was taken on the CIC/SIC (or your) letter.

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