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sjirali

Can different RTI applications be posted in same envelope ?

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sjirali

Hi.

Needs your help.

I have drafted 3 rti applications for the same pio. Can I send all of them in single speed post. Or do I need to post them separately?

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Vilas18

All can be sent in single post.

mention page numbers or state "application 1 of 3, 2of 3, 3 Of 3"

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Vilas18

page 1 Of 10, 2 Of 10, etc

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sjirali

Thanks a lot Mr. Vilas.

I would incorporate the changes suggested.

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Prasad GLN

If you have not already posted, please ensure to make RTI applications in different dates, as it may cause confusion at First appeal and second appeal levels and also to you.

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sjirali

I have not yet posted them. Indeed this is a very important suggestion. Thanks once again.

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karira

Posts demerged from another thread and started a new thread with a new subject line

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sjirali

Hi.

I have posted three applications in the same envelope on 9th June. And it has been received on 12th June. All these days I was expecting a call by some officials. But today I got call from some other person to inquire why the info is needed, and said that if you try to act smart, your records about your home / taxes, permission not obtained for construction and so on will be dug out.

I don not consider it as as intimidating as I know the person.

By this it is very clear that the officials are trying to deny the info.

But my query is that what action needs to be taken with PIO for revealing the contents of application to third person. It is very clear that it is a pressure tactic.

 

Thanks in advance

 

SVJ

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karira

As far as RTI is concerned, DO NOT go by anything verbal.

 

Only the written word has value in the RTI process.

 

Just keep quiet and wait till 22 July 2015 - 12th July is the due date for PIO to reply and add another 10 days for postal delays.

 

If you don't receive any reply from PIO by 22 July, file a first appeal for "deemed denial" of information.

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sjirali

Thanks Karira ji.

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sjirali

Hi

I got a reply from PIO saying that as per the rti rules of Karnataka, I have to ask only one question. And gave one vague info.

I believe that info on only one subject needs to asked in one application. That's what I did. I will upload the application and the reply for better clarity.

Can any one please let me know whether I am right or not.

 

Thanks

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sjirali

Here is the reply from PIO

 

Below are the RTI applications I sent.

 

1st Application

 

 

  1. The details of street roads which have been concretized in last five years from receipt of application. Please provide me the house numbers at start and end of the road.
  2. Provisions / precautions considered in these concrete roads not to dig in future if need arise.
  3. The name, address, contact details of the contractor who completed each road.
  4. Total amount budgeted and billed for each road.
  5. Name, Designation and contact details of the official who certified the completion of the each road work.
  6. Certified copy of the final work completion letter.
  7. Details of the pending roads which needs to be concretized.
  8. Plans / proposals for concretizing the remaining roads.
  9. The reasons / Justifications for not concretizing roads if any.

 

 

2nd Application

 

 

  1. Different sources through which water is being supplied presently to Muddebihal town.
  2. Different sources through which water is being supplied presently to Mahantesh Nagar.
  3. Certified map of the water lines (with Size) in Mahantesh Nagar.
  4. Number of connections given in Mahantesh Nagar
  5. List of Types and Size of connections for residential use and annual charges for each type of connection.
  6. Total population in Mahantesh Nagar as per your record.
  7. Requirement of drinking water on daily basis as per your calculation for this area.
  8. Water being supplied (quantity) by you daily in this area by all sources.
  9. Average Frequency (in Days and ward wise) of the water supply to the town.
  10. Name and address of the First appellate authority.

 

3rd Application

 

 

 

  1. Certified copy of map of drainage (gutters) with size and inter links in Mahantesh Nagar.
  2. Details of streets in which drains are over flowing /choked. (Starting and ending house number of each street).
  3. Details of action taken by municipality authorities on the above overflowing/choked drains. And photocopies of correspondence various authorities.
  4. Details of employees assigned to clean drains for each street.
  5. Copy of attendance register of above employees for the past one year.
  6. Name, designation, contact details of the official, who checks and verifies cleaning activities.
  7. Interval between cleaning of the each gutter.
  8. Amount being spent on the cleaning of the gutters each month.
  9. Copies of the complaints received in regards to over flowing / Choking of gutters in the past 2 years.
  10. No of times the health officer of the Area has reported overflowing/choking of drains to the higher authorities. Please provide me certified copies of these reports.

 

 

Also none of the applications exceed 150 words as per karnataka RTI rules.

 

As i did not receive the reply by 25th July, I have already sent first appeal for not receiving the info. But I got incomplete and vague info on 27th July.

 

Please help me to take next course of action (though I have sent the first appeal).

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karira

File a "addendum" to the first appeal and enclose the reply of the PIO.

 

Add additional grounds of "incorrect, incomplete & misleading" information.

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Prasad GLN

PIO mistook one subject as one question. For every issue/subject filing one application is required and it is also proper to avoid mixing up of the issues.

What can be done through FAA is not known to me, when the survey is only completed and no roads have been laid, while entire queries are related to such laying of roads, which has not taken place, and nothing is on record (GIS survey completed is the response of PIO)

Now that you have already filed three applications already, file another application and seek extract of RTI book in which Information Act prescribes that one applicant is permitted to put one query, and PIO can select one reply for any of the questions without giving number of the query, enabling you to enlighten yourself and for filing first appeal treating that information as deemed denial and for providing incomplete information.

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sjirali

Hi

 

I have not received any reply from FAA. Can someone please suggest me next course of action?

Do you suggest to send a reminder to FAA or Shall I file second appeal to state information commissioner?

 

Please suggest.

 

Thanks

Jirali

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Prasad GLN

There was never any mention of reminder to FAA, and it is also not possible for any action against FAA for his inaction in RTI Act.

Hence wait for reasonable period and prefer second appeal as per format prescribed and duly self attesting all copies of applications, PIO response and First Appeals. Pray for all the remedies under Sec.19 and action against PIO as per Sec.20

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RAVEENA_O

Karnataka Rules do not stipulate that the PIO shall be required to answer only one query. It only stipulates that the application shall not be more than 150 words and one subject. All the three applications are clearly on one subject each and within 150 words. PIO was required to decide the same and supply information. PIO malafidely denied the information putting a wrong construction on the RTI Rules framed by Karnataka Govt.

 

Absolutely there is no provision for reminder to FAA. You can always make an addendum to the FA already filed. As already suggested, file an Addendum incorporating all grounds, if required.

 

Moreover, decision on Second Appeal may take more than one to one-and-a-half years. You have nothing to lose by writing a reminder to the FAA by referring : REMINDER FOR FIRST APPEAL

 

FAA has time of 30 days in normal course and 45 days for reasons to be recorded in writing. Wait for that period and if FAA also do not decide the appeal or if not satisfied with the decision of FAA, you may file Second Appeal under section 19(3) before CIC with a prayer to direct CPIO to apply information. Simultaneously, you can file a Complaint under section-18(1) before CIC with a prayer to impose penalty of Rs.25000 on PIO.

 

From proceedings of complaint, IC can only impose penalty on PIO, but cannot direct PIO to supply information. Getting information is important. Therefore, after disposal of FA or due date of disposal of FA (30 days) you can file Second appeal and complaint simultaneously.

 

Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a substitute for the other

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sjirali

Thanks a lot Prasad ji and Raveena ji. I will proceed with second appeal under sec 19 (3).

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sjirali

Hi.

Can somebody tell me the fees for second appeal to Karnataka CIC?

I am sending the 2nd appeal.

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Prasad GLN

Kindly search website of Karnataka Information Commission - RTI rules and regulations - Second appeal. I am sure that there are no fees for second appeal in KIC. You can file the appeal by Regd., post and keep track of delivery status.

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sjirali

Hi

I had sent second appeal to Karnataka information commission on 10th Oct 2015 and as per the latest communication, the case has been assigned to bench CH-7. Let us see how long it takes for a final decision.

Thanks all for your kind support And Help

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sjirali

Need your help.

I received a letter from information commissioner about the case. And asked me or authorised person to be present for the hearing. I had mentioned that personal appearance as no. Is it a must for me to be present in person for the hearing?

 

Sent from my MotoG3 using RTI INDIA mobile app

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sjirali

Hearing is scheduled on 9th September 2016 in Bangalore

 

Sent from my MotoG3 using RTI INDIA mobile app

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Prasad GLN

When you have already said "NO" and communicated to IC, it is too late to think about what happens, as attendance of appellant in appeal hearing is not mandatory.

But, remember that attending personal hearing betters the chances of getting good decision in case the information is urgent or important or both. It is a courtesy to seek excuse from personal hearing and to post written submissions in time.

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sjirali

Hi.

Thanks for all the guidance. My 2nd appeal was heard int he first week of Oct 16 (Though both parties were absent). The SIC has asked the PIO to provide me the the information asked by me.

How ever I have one more query. What if the PIO still does not provide the information asked.

Is there any option to get the information? or Do i need to file a complaint under Sec 18 again with SIC.

 

Thanks

Jirali S V

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Prasad GLN

Please do not assume some thing and raise the query. If SIC has stipulated a time frame for providing of information, and if PIO has not provided information by that date, post a polite reminder to FAA, copy to PIO for directions to PIO for compliance of SIC decision. Wait for 15 days and file complaint before SIC on non compliance of SIC decision and pray for directions to PIO for providing of information, penalty and recommendation for disciplinary action for deliberate and malafide actions and insubordination, negligence in performing statutory obligations. Make this complaint copy to FAA.

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