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abhinavjain34

RTI to circle officer

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abhinavjain34

Respected Folks,

An RTI was filed to the circle officer regarding the case of land dispute going on in his court.

The reason for filling this RTI was that since 6 months no hearing has been held in his court. So following RTI was filled

1. Please provide me information about the current status of the case.

2. Please provide me information about when the last hearing was held.

3. Please provide me information if both the parties have been send the letter to appear in circle office.

4. Please provide me information if the second party has ever appeared in person or given written reply in this case

5. Please provide information as per state govt rule in how many days interval hearing should be conducted.

6. Please provide me information if any further hearing will be conducted and if yes when.

7. Please provide me information for the reason in delay of conduct of hearing.

8. Please provide details of first appellate authority to whom first appeal may be filed if I decide to do so.

 

The circle officer siting section 8 of the rti has said information asked is exempt as per RTI act and cannot be disclosed.

Pls guide me the next step forward.

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MANOJ B. PATEL

Dear member, you can file First Appeal. While taking recourse to any of these exemptions u/s 8 it is not enough to simply cite the particular clause under which exemption is sought but to specify how that exemption will apply in the case under consideration. [Ravindra Kumar v, Deputy Commissioner of Police CIC/WB/A/2007/650(CIC)]

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koteswararaonerella

For quick hearing and disposal of your case in Court RTI cannot help you since the Judge will not tell you why the case is getting delayed as it is subjedice matter and EXEMPTION will apply to it in majority of the cases.

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Prasad GLN

Are you a Third party ?

Can such information vitiate and makes issue complicated ?

Can any one say it contributes in speeding of the process ?

What is final decision of affected party after considering pros and cons.

Work pressure is just a simple answer any smart PIO can give as reply for all these.

Is there any time frame/schedule given under any Act ?

 

Consider all these. Get information first unofficially.

Only if it is a must and it contributes the victims case, go for it or avoid RTI.

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RAVEENA_O

Mere citation of Section 8 by the PIO is not enough. The PIO shall be required to give cogent reasons how of the clauses of this section is applicable to the information sought by you. If this is not done by the PIO, the decision of PIO is with malafide intention to deny information.

 

However, in this case, the applicant merely questioned the quality and nature of actions by the public authority. The definition of information, as it occurs in Section 2(f), lays down scope of the type of information an applicant can seek. The underlying idea is clearly that the Applicant’s entitlement for information is only in respect of the categories of information mentioned in Section 2(f) read with Sec.2(i) and (j). It is not open to an applicant to ask, in the guise of seeking information, queries to public authorities about the nature and quality of their actions. The RTI Act also does not cast on public authority any obligation to answer queries. Applicant’s right extends only to seek information as defined in Section 2 (f) & (j) either by pinpointing the file, document, paper, record or sample etc, or by mentioning the type of information as may be available with the specified public authority. RTI Act is also not a tool to settle Service Grievances.

 

You should have asked for the copy of Rojnama of the Case in question, which would clearly give answers to all the queries raised before the PIO.

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