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Shahbazanjum Mallick

FAA not passed the order after hearing

Question

Shahbazanjum Mallick

Dear Moderators,

 

Please find below details and help in drafting second Appeal

 

 

RTI Application Date : 29-08-2016

 

Information sought in RTI application and also attached CIC, Maharashtra Order:

Kindly provide a copy of orders/judgments passed and note sheets consist of notings/remarks/comments dictated or directed by all the officials on all the cases/matters (includes appeals and applications both) which were taken-up or looked upon in front of this particular hearing board/bench conducted by XXXXX on 06th-Feb-2016 (i.e. on first Saturday of Febuary-2016).

 

PIO Decision Date: 21-09-2016

PIO replied:

उपरोकत संदर्भाधिन अर्जामधये मागणी केलेल्या माहितीसाठी आपणास कळविणेत येते की, आपणास आवश्यक असलेल्या माहितीसाठी आपण या विभागामधील उपलब्ध असल्याने नस्तीचे पाहणी / निरिक्षण खालीलप्रमाणे शुल्क भरून सोमवार ते शुक्रवार(बुधवार व शनिवार वगळून) या दिवशी कार्यालयीन वेळेत दुपारी 3:00 ते 5:00 या कालावधीत पूर्व निशिचत केलेल्या वेळी करता येईल.

 

पहिला तास निशुल्क

यानंतरच्या प्रत्येक अतिरिक्त 15 मिनिटाला रु.5/-

 

आपणास आवश्यक असलेल्या माहितीचा खुलासा करून आपण सुचित केलेली व उपरोकत अधिनियमानुसार देय असलेली माहिती आपण विहित शुल्क भरुन प्राप्त करु शकता. तपासणीअंती आपणास आवश्यक असलेली माहिती आपणास उपलब्ध करून देणेत येईल.

 

First Appeal Date: 03-10-2016

First Appeal Grounds:

With reference to the PIO’s above quoted response, I would hereby like to draw your kind attention towards the provision of section 2(j)(i) & section 7 (3)(a) as follows:

As per the provision of section 2(j)(i) of the RTI Act, inspection of information pertaining to Public Authority has been defined as one of the rights to information of a citizen, but then, this provision of the Act, can be invoked as a right only by a citizen seeking information from a Public Authority, and not by a PIO of a Public Authority.

 

And as such, the provision of section 2 (j)(i) cannot be construed as a pre-condition to obtaining any information under the provision of section 6(1) of the RTI Act.

 

Moreover, please note that I had requested for specific information, and as such, I as an applicant had not invoked the provision of section of section 2(j)(i) of the RTI Act for seeking an overall generic inspection of information.

Thus, I had neither asked for, nor do I wish to exercise the opportunity of seeking an inspection of the requested information, before the information requested against point no. 1 and 2 of “Description of the Information Required” column is provided to me under the provision of section 6(1) of the RTI Act.

 

Also, I had like to draw your Honourable Appellate Authority’s kind attention towards the following circular issued by General Administration Department of Government of Maharashtra with respect to the calling a citizen for inspection of information in response to his RTI application (photocopy enclosed herewith for your perusal):

महाराष्ट्र शासन, सामान्य प्रशासन विभाग, शासन परिपत्रक क्र. संकिर्ण २०१५/प्र. क्र. (२२१/१५) सहा. दिनांक २६-१०-२०१५. पहा- मा. राज्य मुख्य माहिती आयुक्त यांचे दिनांक २.७. २०१५ चे आदेश

 

Futhermore, as per the provision of section 7(3)(a) of the RTI Act, wherever a decision is taken by PIO to provide the information on payment of any further fee representing the cost of providing the information, he shall send an intimation to the person making the request, giving 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 section (1) of section 7, requesting him to deposit that fees.

 

Thus, the PIO has responded to the request for information vide the point no. 1 and 2 of “Description of the Information Required” column of said RTI application in contravention of section 7(3)(a) read with 2(j)(i) and further read with section 7(1) of the RTI Act.

 

 

First Appeal Prayers / Relief sought:

1. In keeping with the letter & spirit of section 7 (6) of the RTI Act, kindly direct the PIO to provide all the requested informations free of cost within a period of 05 working days from the decision of this appeal.

 

2. Kindly direct the PIO to provide a specific & separate response against each of the points of request for information in the RTI Application (i.e. a point-wise response) and supply the information as sought by the appellant.

 

3. In-accordance with the letter & spirit of the provision of section 19(5) of the RTI Act, 2005 during the course of the first appeal proceedings kindly put the responsibility on the PIO to prove that the denial of a request was justified

 

 

First Appeal Hearing Date: 11-11-2016 (Hearing Conducted)

 

First Appeal Order Date: FAA has not passed the order till date

 

 

 

Please help me drafting second appeal with above mentioned details

 

 

Regards

Shahbazanjum Mallick

Order of State Information commissioner not to call applicant in RTI to inspect recording..pdf

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