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rtiinfo3858

RTI appeals

Question

rtiinfo3858

At Vadodara municipal corporation we had filed RTI application seeking information regarding illegal construction activity and in response to that we received a reply which asked us to visit the office and check the relevant file. We didn't get any information from file. Hence, we had filed first appeal. First appeal officer called us for meeting and there he denied for further information in the matter. He asked to again check the file. In this case what should we do apart from second appeal. What should we write in second appeal that strict action to ne initiated against such official by commission. We had filed 3-4 RTIs differently for the same matter and same response received in all RTI.

Pls help in the matter.

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RAVEENA_O

If you have clearly pinpointed the information and sought certified copy of documents held by the public authority, the PIO is required to supply those documents. On the other hand, if you have raised hypothetical queries eliciting answers from the PIO, he may call you to identify the documents.

 

Can you post the list of information sought by you? You can also check up whether you have sought information as in our sample : RTI Application for Illegal Construction [Right to Information Wiki]

 

If so, go for second appeal as well as complaint by referring:

 

How to file Second Appeal under RTI

How to file a Complaint

 

PIO shall call applicant for inspection, only when the information is held by the public authority. Even the FAA has denied the information. In this case, if the information sought is not held by the public authority, the PIO as well as the FAA must communicate the appellant accordingly. As the PIO as well as the FAA did not rule so, it is a clear case of in which the information is held by the public authority but the PIO as well as the FAA did not disclose it.

 

If the information is not held, it only denotes that the construction is illegal but the public authority and its officers responsible for regulatory control are in collusion with the encroacher and failed to take action. You may therefore simultaneously file Complaint before the ACB or Vigilance department for investigation.

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rtiinfo3858

I asked questions on work accountability of department. In the past I had submitted 2-3 objection letter along with all technical details of illegal construction. And in reference to that i asked in RTI that what action has been taken by municipal corporation.

They are simply answering that we have issued notice to defaulter.. In RTI we asked how much illegal construction your officers observed at site provide dimensions. They are denying to provide information on paper. They are just providing us copy of Notice only. On what bases they have issued notice to defaulter, they are not showing.

On other hand after these much of RTI application, they are starting issuing notice to my all society members also and on what bases they are issuing notice to us they are not providing information in RTI answer.

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RAVEENA_O

You must always pinpoint the document or information held by the public authority. If you want information on your complaint or grievance, you must seek information as detailed in below sample:

 

>> RTI Application for Complaint Status [Right to Information Wiki]

 

or

 

>> RTI Application for Grievances Status [Right to Information Wiki]

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Prasad GLN

As far as grounds of appeal are concerned you may appeal stating that information has to be provided in the form it is requested as per RTI Act stipulations, and Neither PIO nor FAA can impose such inspection on applicant. There is certainly larger public interest in the issue.

Unless the information solicited is clear through post, further grounds can not be suggested.

A construction without due permission is illegal, and illegal constructions are against public and against Govt policies and accountability must prevail, without which the constructions mushroom and every one approaches court to get stay order.

There should be a policy, and such restraint can be only through filing writ in HC against such illegal constructions with active connivance of insiders.

If the information solicited is seeking only the action taken on such complaint, Public authorities are bound to state the same in writing as response.

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rtiinfo3858
As far as grounds of appeal are concerned you may appeal stating that information has to be provided in the form it is requested as per RTI Act stipulations, and Neither PIO nor FAA can impose such inspection on applicant. There is certainly larger public interest in the issue.

Unless the information solicited is clear through post, further grounds can not be suggested.

A construction without due permission is illegal, and illegal constructions are against public and against Govt policies and accountability must prevail, without which the constructions mushroom and every one approaches court to get stay order.

There should be a policy, and such restraint can be only through filing writ in HC against such illegal constructions with active connivance of insiders.

If the information solicited is seeking only the action taken on such complaint, Public authorities are bound to state the same in writing as response.

Yes sir, but we are fighting with municipal authority for last 10 months. They have not providing a single technical answer on the illegal construction matter. They are simply issuing the notice to defaulter for last 10 months. In notice they are not indicating how much construction is illegal. They are calling us for inspection of file, and in the file we found only our objection letter only. On our objection letter what action they have taken that information is not in the file and also not providing in the RTI reply.

 

Sent from my MI 3W using RTI INDIA mobile app

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Prasad GLN

True sir. Inspection is just evading of information and they do not want to accept/commit any thing in writing. But Public Authorities not responding to citizens is a serious thing. Apart from RTI, there should be other pressure building activities simultaneously by filing complaints against such errant officers to concerned ministry and higher officials reporting their in action. Pressures should be built from all sides and RTI is just one among those pressures but not complete.

Get the support of media by preparing a blog on such affairs of the authority giving examples and highlight their inaction, bring it to the attention of public their misdeeds.

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RAVEENA_O

Your right is to seek and obtain information held by and under thecontrol of public authorities. The CPIO has no obligation to answer your queries, but is required to supply you information held by it in material form. Admittedly, you have inspected the files and did not find any information held by them. As already mentioned, without knowing the information sought by you, it would be difficult to suggest further course of action.

 

You may however, once again go through the sample RTI Application links given in Post No.2 and 4 and file fresh RTI application with modification to suit your case.

 

 

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rtiinfo3858
You must always pinpoint the document or information held by the public authority. If you want information on your complaint or grievance, you must seek information as detailed in below sample:

 

>> RTI Application for Complaint Status [Right to Information Wiki]

 

or

 

>> RTI Application for Grievances Status [Right to Information Wiki]

My last RTI was in the same format as in the sample. But instead of providing answer for all points, they called us for file inspection. We asked them that information which we asked is not available in the file, than they said verbally that information is not available hence no reply required.

 

Sent from my MI 3W using RTI INDIA mobile app

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Prasad GLN

Get further application filed through another friend or relative also and avoid your name, as some PIOs may make a lot of notice before IC during hearing, that appellant is filing too many applications on similar issue and harassing them.

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RAVEENA_O

In addition, also proceed for Second Appeal as well as complaint as suggested earlier if the FAA is disposed off. It is the duty of PIO to give itemwise response to the information sought. Inspection is a right available at the discretion of the applicant and the PIO cannot force an applicant to exercise another right, when he sought pinpointed information.

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rtiinfo3858
In addition, also proceed for Second Appeal as well as complaint as suggested earlier if the FAA is disposed off. It is the duty of PIO to give itemwise response to the information sought. Inspection is a right available at the discretion of the applicant and the PIO cannot force an applicant to exercise another right, when he sought pinpointed information.

Any specific clause in RTI related to inspection of document that PIO shall not force applicant for inspection...?

 

Sent from my MI 3W using RTI INDIA mobile app

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Prasad GLN

The first any applicant has to do is study Sec.5,6,7 thoroughly, preferably in mother tongue. After reading the posts, we provoke or trigger interest for members to study the same, instead of giving bottle feedings, as once they go through such simple stipulations they can for ever remember, but still members are depending on fast foods.

Sec. 7 (9) "An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the saety or preservation of the record in question"

 

If you case the denial appears to be deliberate as the query is action taken on your complaint, and no need to repeat once again that Form of information include providing in letter form, through inspection, through copies, through certified copies and each form is different, and PIO must provide information in the form it is requested. This has been reiterated in several CIC/HC decisions. Please then do not ask those all CIC decisions, as one must learn himself through study instead of spoon feeding. Hunting is the best hobby and art. (for information/References)

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RAVEENA_O

There is no such specific provision. However, as already mentioned, PIO cannot decide as to which right an applicant should exercise i.e. seek certified copy of do inspection etc.

 

Object of Section-7(9) is specific. In this case, there is no issue regarding the form or format etc. Provision of Section-7(9) that the information shall ordinarily be provided in the FORM in which it is sought, cannot be read as FORMAT in which it is sought. Information may be held and available in various FORMs such as Soft Copy, Hard Copy, Printed Book, Xerox copy, Database, photo negative, photo print, manuscript , samples etc. Object of Sec-7(9) is to supply information ordinarily in one of these forms in which it can be supplied without changing the content or without causing any detriment to the safety or preservation of the record in question. It doesn't mean that the applicant may be called for inspection or may not be called for inspection or PIO can deny information feigning that voluminous information is sought.

 

Since you have pinpointed the information, the PIO is required to either supply the information or deny it for reasons to be recorded in writing or say that the information is not held by the public authority. Since the PIO did not do any of these legally binding action, there is absolute denial of information without any reason. As already suggested, go for First Appeal, Second Appeal & Complaint.

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Sunil Ahya

You need to file a first appeal under section 19(1) of the RTI Act, with the concerned First Appellate Authority, and if you have already file a First Appeal then you need to file a Second Appeal on the following grounds:

 

Grounds of First or Second Appeal, as the case may be:

 

1. The PIO has provided the following response to the request for information vide the said RTI Application:

Quote –
( Put PIO's exact response here - tehslidar to provide the information copy to SDM which tehsildar will provide to me & directed me to meet personally tehsildar in this matter & collect the information)
– Unquote.

 

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

1.1
As per the provision of section 2(j)(i) of the RTI Act, inspection of information pertaining to a 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 section6(1) of the RTI Act.

 

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

 

Therefore, I would hereby like to kindly inform you that I had neither asked for, nor do I wish to exercise the opportunity of seeking an inspection of the requested information, before it is provided to me under the provision of sec. 6(1) of the RTI Act.

1.2
As per the provision of section 7(3)(a) of the RTI Act, wherever a decision is taken by a 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 sub-section (1) of section 7, requesting him to deposit that fees.

 

Whereas, the PIO has not provided the details of further fees representing the cost of providing the information, together with the calculations made to arrive at the amount.

 

Thus, the PIO has responded to the request for information vide the said RTI Application in violation of section 7(3)(a) of the RTI Act.

2.
Similarly .....

 

Prayers for the First or Second Appeal, as the case may be:

1.
Kindly direct the PIO to dispose of the RTI Application in accordance & in compliance with the provision of section 7(3)(a) of the RTI Act.

 

2.
Kindly seek justification for deemed refusal of my request for information, in accordance with the provision of section 19(5) of the RTI Act.

 

3.
Similarly .....

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rtiinfo3858

Second appeal filed and order issued by GIC and asked PIO and AO to refund the full amount and provide all information free of cost. We did not get any refund or information thereafter from vadodara municipal corporation. Now what should we do? We raised complaints on PGPORTAL and DyTDO is replying same answer for different complaints that they have asked developer to stop construction and developer has stopped tje construction.

Can any RTI activist take our case. We want to publish all this issue in newspaper also but we didn't find any way. Can anyone help in this?

 

Sent from my Redmi Note 4 using RTI INDIA mobile app

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rtiinfo3858

Building Inspector and cleark of municipal ward office of my area are already arrested by Anti Corruption Department in similar case. Even though they DyTDO and TDO have no seriousness for RTI matter and they are taking it casually.

 

Sent from my Redmi Note 4 using RTI INDIA mobile app

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Prasad GLN

File a Complaint to GIC under Sec.18 against PIO, after issuing a notice to PIO and copy to FAA requesting them to honor GIC decision and waiting for 15 days file formal complaint.

You can contact any local reporter/GV/NP and establish a rapport with him for giving wide publicity.

Every one has his own axe to grind and to protect his colleagues whether the cause is for good or bad, and it is not for the citizens to teach them a lesson. They have to realize seriousness and certainly all this will be taken up during ACB investigation, but not responding RTI has to be dealt only as per RTI Act and except penalty and recommendation for punishment, nothing can be done against PIO.

It is for the citizen to bring a logical conclusion out of the information obtained through RTI, and by making a complaint to Ministry and others.

\Congratulations for bringing a logical end to RTI.

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rtiinfo3858
File a Complaint to GIC under Sec.18 against PIO, after issuing a notice to PIO and copy to FAA requesting them to honor GIC decision and waiting for 15 days file formal complaint.

You can contact any local reporter/GV/NP and establish a rapport with him for giving wide publicity.

Every one has his own axe to grind and to protect his colleagues whether the cause is for good or bad, and it is not for the citizens to teach them a lesson. They have to realize seriousness and certainly all this will be taken up during ACB investigation, but not responding RTI has to be dealt only as per RTI Act and except penalty and recommendation for punishment, nothing can be done against PIO.

It is for the citizen to bring a logical conclusion out of the information obtained through RTI, and by making a complaint to Ministry and others.

\Congratulations for bringing a logical end to RTI.

Not yet logical end of my RTI. I have not received response for RTI matter to bring it a logical end.

The building Inspector and cleark was arrested on some other case similar to my case. But they were under the same PIO.

Infact whenever we are going to meet to PIO for RTI matter or some other matter everytime he calls the builder and whenever builder or his representative arraives than only PIO allows us to meet in his cabin... This kind of practices are adopted. Now how to end logically?

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Prasad GLN

Hand over the information to ACB through another complaint, so that they can spread their tentacles to the new issue, which may strengthen their allegations.

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