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cubancigar11

Requested certified copies are said to be attached but are NOT

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cubancigar11

Hi!

 

I filed an RTI in mediation center of Varanasi Criminal Court on 5th of May, 2015.

 

I asked for following questions (along with address of first appellate authority etc.):

1. Copy of my attendance sheet (mediation ended in February, 2015)

2. Name and designation of the mediator

3. Copy of notice of appearance

4. Copy of bunch of other documents

 

They have refused to provide the information for (1) and (2), saying it is 'confidential'.

For (3) and (4), they have said that copy is attached, but nothing is attached. This can also be proven because the weight of the registered post I got is hardly 20g - weight of 2 pages of RTI reply plus the envelope.

 

RTI reply was dispatched on 1st of September. I am planning to file a first appeal.

 

I wanted to know how to ask frame these questions? Especially the part where they have mentioned my attendance records are confidential and cannot be disclosed to me myself.

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jps50

In first appeal you have to just point out query-wise deficiencies in supply of information. There is nothing confidential under RTI regime, except exempted information under section 8.1 and 9. Please also refer:

 

HOW TO FILE FIRST APPEAL [CENTRAL/STATE]

How to write First Appeal under RTI? - Guide

https://app.box.com/s/v6fblc3rtrkpdpl6uf4l

 

You have to use format of first appeal if any provided by High Court, Lucknow. It may be available on website of High Court under RTI link

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Prasad GLN

GROUNDS FOR APPEAL; Incomplete, incorrect information provided by PIO. PIO has not attached any certificates and not provided certified copies to affected party, though it is required for his own purpose and for his record.

PRAYER: Please direct PIO to provide certified copies as expeditiously as possible free of cost. Applicant also pray for personal hearing.

 

(File application to PIO under RTI and seek information as follows:

Please provide me copy of extract of circular/directive/rules and regulations that state that the following Public documents are confidential and should not be provided under RTI.

1. Copy of my attendance sheet (mediation ended in February, 2015)

2. Name and designation of the mediator

 

2.Please inform weight of the following documents sent to applicant, as the applicant received only reply and not documents through post.

3. Copy of notice of appearance

4. Copy of bunch of other documents

(Bunch of documents is general in nature. In RTI one must specify documents requested and pin point them)

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rameshverma

Supreme Court in the decision Moti Ram (dead) through Lrs and another v. Ashok Kumar and another, (2011) 1 Supreme Court Cases 466 has clearly held that the discussions and proposals in regard to the mediation should not be disclosed. Further, it is observed that if the happenings in the mediation proceedings are disclosed, it will destroy the confidentiality of the mediation process. Mediation proceedings are totally confidential proceedings, unlike other proceedings, which are conducted openly before Courts in the public gaze and if the happenings in the mediation proceedings are disclosed, it will destroy the confidentiality of the mediation process.

 

The issue was dealt by Madras High Court [W.P.No.23448 of 2012 The Registrar General, High Court of Madras Vs. K.U.Rajasekar dated 17.04.2013] and contrary decision of TNIC was overruled.

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RAVEENA_O

Being confidential is no justified reason to deny information. The PIO should pass reasoned order and cogently arrive at a conclusion that the disclosure of the information in question is personal in nature and disclosure of which has no relation to any public activity or public interest and disclosure of such an information shall therefore invade the privacy of individual concerned and hence qualified for exemption from disclosure u/s 8(1)(j) of the Act. Such a speaking order shall give clear understanding to the applicant as to why the information is denied. Merely stating that an information is Confidential is not enough.

 

Now, the applicant asked for information pertaining to himself, his own meditation proceedings, disclosure of any such information to the party to the dispute cannot break the shell of confidentiality. Therefore the PIO shall be required to give further reasoning as to why the information pertaining to the party to the meditation cannot be disclosed to himself and how such disclosure could hamper the interest of the parties or detrimental to the interest of the parties or how it qualify for exemption from disclosure to the party to the meditation himself/herself.

 

An information can be denied only if it is qualified for exemptions under any of the clauses of Sec-8 or Section-9, else the information should be supplied. The onus lies on the PIO to justify his action by giving cogent reasons, atlest applicability of the ratio laid down by Apex Court referred supra.

 

Since the PIO failed to give such reasoning, the applicant shall File First Appeal before the First Appellate Authority on above grounds and seek a direction to PIO to disclose the information.

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cubancigar11

I am aware of confidentiality of mediation. Mediation centre in charge too bribe and falsely accused me of not attending the mediation in final report when I attended all the mediation sessions but opposition didn't.

 

As I am asking for my attendance record and boy the progress or details related to mediation, it ought not be confidential

 

Sent from my MI 3W using Tapatalk

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RAVEENA_O

Did you file First Appeal, if not file it now.

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Prasad GLN

Perceptions differ, and every member contributes with his knowledge or experience. Let us not prolong any discussions, as facts/details are not fully known to the members who reply. You have to judge the replies and take a decision in your own way, that suits you. It is not mandatory that you have to follow a certain decision. Your case may be justified, and nothing wrong if you file first appeal and seek hearing during first appeal. But decide what should be your further step after obtaining such information as every step has to be for an ultimate purpose in mind.

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cubancigar11

Thanks! I didn't mean to come as offensive. For that I am sorry. Thanks to all you people. I will be sending my first appeal today.

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cubancigar11

Hi!

 

Is it mandatory to appear in person? As I am not situated in the same state and travel expenses are huge. Is it possible for a lawyer to stand and argue there in place of me?

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RAVEENA_O

The FAA may send notice for hearing. It is not mandatory for you to appear for hearing, if it is not convenient to you. However, you may inform FAA accordingly with a request to decide the appeal on merit based on your submissions.

 

Also please refer to: IS IT MANDATORY TO APPEAR FOR HEARING BY FIRST APPELLATE AUTHORITY?

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Prasad GLN

And invariably place your written arguments (if your first appeal missed any important points) and pray for speaking orders, and file them in advance expressing your regrets for not attending hearing to prior commitments.

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