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nethalas

Rti enquiry

Question

nethalas

Sir, I am N. Anil Babu, working as a Printer (Group ‘C’ and belongs to Scheduled Caste) in EFL-University. I filed one RTI in my Office. I got a reply from PIO i.e. part of information cost is Rs. 8000/- and the overall information cost is Rs. 60,000/- he forced me to pay the amount immediately, otherwise they will take the action against me, they mentioned in that letter. This is very huge amount for me to pay. Please suggest me one solution to solve this problem. Is there any chance to change, modify or else drop the question?

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MANOJ B. PATEL

Dear member, can you kindly tell when didyou file RTI application and when did you reply from the PIO?

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nethalas

hi sir, My appilcation date is 08-04-2015 and Reply from PIO 16-04-2015

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MANOJ B. PATEL

The details of further payable fee should be indicated for each item and the methodology through which the same has been arrived at should also be communicated to the applicant. The applicant shall also be informed about the particulars of appellate authority so that he/she can exercise his/her right of appeal if dissatisfied.

So, kindly request with a letter to the PIO to inform about the methodology. Please revert back to us on getting their reply.

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nethalas

Sir I am unable to understand can you please explain what should I write to pio

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MANOJ B. PATEL

Dear member, do not worry at all.

 

Right to information is a right in the nature of a fundamental right and invoking such a right cannot be construed as insubordination. Moreover, an applicant is merely a citizen and the PIO is a designated officer of the public authority to implement the provisions of this social piece of legislation. Therefore, there is no superior-subordinate relation, with regard to the RTI Application submitted by a citizen of India to the PIO of a public authority. When such a relation is non est in law, there is no question of insubordination.

Moreover, you have not committed any crime then why do you worry? Kindly read my PM (private message) sent to you.

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nethalas

Thank you sir, please give your mail I'd I will send my applications and replies, please help me sir

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RAVEENA_O

The PIO did not advise you the details of further fee as required under RTI Act. The provisions of the Act is as under:

 

7(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—

(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub- section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

(b) information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.

 

The PIO did not inform you the - [1] details of further fees; [2] calcuation sheet; PIO was also required to advise you the name and address of Appellate Authority to prefer appeal against his decision. Therefore the PIO is wrong in merely advising you to remit money immediately.

 

You have nothing to worry. File an appeal before the Appellate Authority of EFL on above lines. The public authority cannot initiate disciplinary action against an RTI Applicant. Applicant should not be driven away through filibustering tactics.

 

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nethalas

Thank you

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nethalas

Please give more information on this issues and is there any CIC judgements on this issue

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RAVEENA_O

Which issue? Disciplinary action or fee

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Prasad GLN

Please avoid so many posts, and just post the reply you have received from PIO, enabling our members to draft first appeal. It is not mandatory to pay fees, if one wants or can afford he can seek information, if he can not afford, it is not a criminal act and PIO can not do any thing either under your service rules or under RTI. He has to purchase the problems if he takes law into his hand. Do not worry about such empty threats.

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Prasad GLN

Do not quote any thing. Let PIO do all mistakes and his part is over. Now First appeal is due..let us quote all this in first appeal....

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nethalas
Which issue? Disciplinary action or fee

 

About fee and dropped or modifications on the quasition

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RAVEENA_O

There is no need for any judgment. The Fee shall be as per the RTI Rules & Fee applicable to the public authority. PIO should give the calculation sheet i.e. number of A4 pages or other larger / small size of paper and its charges.

 

In case you don't want to pursue the matter further, it is better to keep quite. There is no need to send any request or letter. If the applicant do not remit the further charges, PIO is not required to supply any information, that's all.

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nethalas
There is no need for any judgment. The Fee shall be as per the RTI Rules & Fee applicable to the public authority. PIO should give the calculation sheet i.e. number of A4 pages or other larger / small size of paper and its charges.

 

In case you don't want to pursue the matter further, it is better to keep quite. There is no need to send any request or letter. If the applicant do not remit the further charges, PIO is not required to supply any information, that's all.

 

Madam I received this letters from pio please check this and do need full help to me please madam

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RAVEENA_O

From the cross reference, it appears that there were lot of correspondence between you and the PIO, which are not uploaded. It appears that you have made 3 different RTI Applications and information denied against application dt 4/3/13. In application dt 7/2/13, PIO demanded Rs.3042 for 1521 pages. Against application dt 8/4/15, PIO demanded Rs. 8000/- without calculation. All these facts were not brought out earlier. It is also not clear as to what information you sought from the PIO, in order to give proper guidance.

 

In both the cases of 7/2/2013 and 8/4/15, you may please file an Appeal under section-19(1) read with Section-7(3)(b) of RTI Act, before the Appellate Authority on the ground that the further fee demanded is unreasonable since the information sought is not so voluminous and therefore you need an inspection to identify the pages you want from amongst the number of pages offered by PIO.

 

Now the ball is in your court and they are showing arrogance, beyond the scope of RTI Act and the Rules framed thereunder. Push the ball in their court.

 

[1] In case, FAA do not agree for inspection, please file Appeal u/s 19(3) before CIC. It may take 12 to 18 months to come for decision. Revert back to us for guidance in drafting Second Appeal.

 

[2] In case FAA offer inspection, you may go along with an companion, who is well conversant with the subject matter of information sought.

 

[3] PIO may object and did not allow the companion.

 

[4] Dispute this issue of not allowing companion and file Complaint u/s 18(1)(d) and (f) of RTI Act before CIC, New Delhi. The issue may take 12 to 18 months to come up for decision. CIC may dismiss the appeal and the matter may end there. Or CIC may allow inspection along with companion and you can identify the required pages and obtain it at that stage.

 

[5] In case, PIO allow inspection along with companion, identify a few pages, say 100-200, pay the charges @Rs.2 per A4 pages and obtain the information and the matter ends there.

 

In case, companion is not allowed for inspection, revert back to us for drafting and filing Appeal and complaint before CIC.

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nethalas
From the cross reference, it appears that there were lot of correspondence between you and the PIO, which are not uploaded. It appears that you have made 3 different RTI Applications and information denied against application dt 4/3/15. In application dt 7/2/15, PIO demanded Rs.3042 for 1521 pages. Against application dt 8/4/15, PIO demanded Rs. 8000/- without calculation. All these facts were not brought out earlier. It is also not clear as to what information you sought from the PIO, in order to give proper guidance.

 

In both the cases of 7/2/2015 and 8/4/15, you may please file an Appeal under section-19(1) read with Section-7(3)(b) of RTI Act, before the Appellate Authority on the ground that the further fee demanded is unreasonable since the information sought is not so voluminous and therefore you need an inspection to identify the pages you want from amongst the number of pages offered by PIO.

 

Now the ball is in your court and they are showing arrogance, beyond the scope of RTI Act and the Rules framed thereunder. Push the ball in their court.

 

[1] In case, FAA do not agree for inspection, please file Appeal u/s 19(3) before CIC. It may take 12 to 18 months to come for decision. Revert back to us for guidance in drafting Second Appeal.

 

[2] In case FAA offer inspection, you may go along with an companion, who is well conversant with the subject matter of information sought.

 

[3] PIO may object and did not allow the companion.

 

[4] Dispute this issue of not allowing companion and file Complaint u/s 18(1)(d) and (f) of RTI Act before CIC, New Delhi. The issue may take 12 to 18 months to come up for decision. CIC may dismiss the appeal and the matter may end there. Or CIC may allow inspection along with companion and you can identify the required pages and obtain it at that stage.

 

[5] In case, PIO allow inspection along with companion, identify a few pages, say 100-200, pay the charges @Rs.2 per A4 pages and obtain the information and the matter ends there.

 

In case, companion is not allowed for inspection, revert back to us for drafting and filing Appeal and complaint before CIC.

 

Madam I filed 1st Rti on 07-02-1013 then the then pio replied on 12-02-2013 for approximate payment of 3000 I agree to pay that amount in same day after that he replayed on21-02-2013 and 18-03-2013 after one month I'm ready to pay that much amount in the pio office clerk said the case was closed because you didn't respond within one month and shown the file I keep quit at that time. Now in 2015 I file another Rti on 04-03-2015 this pio replied 27-03-2015 these two letters.

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nethalas

This is 1 St issue madam

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koteswararaonerella

you are not required to pay any money and the PIO cannot force you also under RTI rules which are clear. secondly , the PIO cannot take action against you for mere filing RTI however if you can post a copy of your RTI application and the PIO's reply , you can get better advise how to face it .

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koteswararaonerella

being in the same office , you should not have asked all these details in your personnal need and should have asked someone to do it on your behalf. as the PIO is unnecessarily reminding very frequently, you write back that I have not asked for any copies and I wanted only the numbers and ask him to provide the same as it involves taking no xerox copies and thereby no payment is required to be made so that he may stop further reminding you.

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nethalas

respected sir i have facing two issues sir one is I filed 1st Rti on 07-02-1013 then the then pio replied on 12-02-2013 for approximate payment of 3000 I agree to pay that amount in same day after that he replayed on21-02-2013 and 18-03-2013 after one month I'm ready to pay that much amount in the pio office clerk said the case was closed because you didn't respond within one month and shown the file I keep quit at that time. Now in 2015 I file another Rti on 04-03-2015 this pio replied 27-03-2015 these two letters.pio 27.3. 2015.jpg

1 appli 2013.jpg

1 appli 2015 01.jpg

1 appli 2015 02.jpg

1 st pio 2013.jpg

2 nd 2015.jpg

2 nd pio 2013.jpg

aggri 2013.jpg

pio 2 27.3. 2015.jpg

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nethalas

Dear sir my 2 nd issue is i file rti on 08-04-2015 pio reply on 9-04-2015 in this he initiated to pay Rs. 8000/- for part information on question no. 18. and another reply from pio on 16-04-2015 in this he initiated to pay Rs. 180/- i submit the receipt on 23.04.2015. same day another reply from pio is stated that to pay immediately Rs.8000/-. 3 rd pio 2015.jpg

2 nd 1st pio 2015.jpg

2 nd rti 2015 01.jpg

2 nd rti 2015 02.jpg

2 nd 2 nd pio 2015.jpg

reply pio 2015.jpg

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RAVEENA_O

Please tell us, what do you expect from members of this forum?

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Prasad GLN

The information provided by CPIO is incomplete. You can seek inspection of inward register, and can seek such folio as desired by you and inform CPIO accordingly seeking inspection, as the information is voluminous. The point No.17 information has to be provided to you as you have remitted the cash.

The information provided by PIO to other points is not reflected in scanned copies posted.

You can ignore the 22nd Apr, 15 letter as it may have crossed in postal correspondence.

Wait for 30 + 5 days and file first appeal as follows

 

Grounds for First Appeal: There is inter link between information solicited from 1 to 18, and CPIO has demanded for RTI fee for approximate amount for point No.18 only. As per point No.17 the amount demanded was paid and PIO has neither sent receipt nor provided copies. For rest of the 16 points there is no reply. Hence information provided is incomplete in all respects.

Unless the information is provided for Points No.1 to 16. there is no use in paying fees and obtaining copy of inward register. As PIO has not provided simple information for 1 to 16, it is deemed that CPIO has denied information.

PRAYER: Please direct CPIO to provide information to point 1 to 16 as expeditiously as possible, and depending on the information, appellant reserves the right to seek inspection for point No.18 and obtain certified copies, if found necessary for those folios that are selected.

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