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Vigilant Prince

Can Confidential reports comes under RTI

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Vigilant Prince

I have filed and online RTI application to MHRD. I requested to give me copies of reports sent by UGC to MHRD in one particular scheme. UGC was supposed to send the monthly reports to MHRD and I have asked for that reports. There was no reply from the PIO and after 40 days I filed the first appeal to FAA of MHRD. It's being 15+ days and there is still no response. I was wondering, why MHRD is taking so long time to given the copies of the reports. Can anyone clarify

1. If monthly reports of the scheme of UGC are marked as confidential reports, then PIO can deny me the copies.

2. PIO has not replied after 40 days so I filled the first appeal. Now, FAA can still deny the monthly reports of the scheme of UGC by citing confidentiality clause (if any).

3. If FAA denies the Information citing any clause. Does this mean that PIO is not guilty of not replying withing 30 days timelimit?

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Prasad GLN

There is nothing as confidential in routine reports. Escalate it to second appeal and the most powerful IC has to decide on the application, and you can certainly expect a land mark decision from him.

Please do not seek replies for your assumptions, and seek guidance only if you receive such response from CPIO/FAA.

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RAVEENA_O

The veil of confidentiality on disclosure to citizens has been lifted after coming into force of the RTI Act. What is now applicable is the exemptions defined under Section-8 and 9. An information can be denied only if it is qualified for such exemption as defined under sec-8 or 9, else the information must be supplied. Mere recital of the provisions of Sec-8 or 9 is also not enough, but the PIO/FAA must cogently arrive at a considered decision as to how the exemption clause is applicable to the piece of information sought and why it cannot be disclosed. If the PIO / FAA do not / did not claim any such exemption, such denial is malafide as also obstructive to deny information.

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Vigilant Prince

I want to file the second appeal to CIC for the above-said case. Neither PIO replied to my original application and nor FAA replied to my first appeal.

 

Help me in framing the second appeal letter or give a good link so that entire format can be downloaded.

One more important point:

Is it compulsory to give any identity proof/residence proof along with the second appeal? I have checked with CIC website it has the option to upload the identity proof (in case I file the second appeal online).

 

Secondly, my original application and first appeal both are on online portal. To avoid submitting my identity proof can I send the second appeal through India post. Will there be any objection on this by CIC?

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Prasad GLN

Second Appeal dt...... filed

before

Central Information Commission, New Delhi,

Public Authority:

CPIO

FAA:

Appellant:

 

Chronological index.........................Date..............Page No.

RTI Application...........................

PIO response..........................NIL

First Appeal..............................

FAA orders: NIL

Copy SA to PIO...............................................................................( copy of postal receipt enclosed)

Identity proof...................................................................................(self attested)

 

 

Brief Facts: Appellant has sought information vide his application dt..... (self attested copy enclosed) for which there is no response from PIO. First Appeal was field on..........................and appellant has not received FAA orders till date.

 

Grounds for Appeal: CPIO has neither provided information nor denied information within 30 days from receipt of RTI Application and even after first appeal dt........... Hence treating the information as deemed denial, this second appeal.

 

Prayer: Appellant prays for directions to CPIO for providing of information free of cost as expeditiously as possible, and for imposing penalty for the inordinate delay, and for recommendation for disciplinary action for negligence towards his duty and statutory obligation. Appellant prays for specifically passing comments against FAA, who is silent on his duties.

 

Verification: I.......................s/o.....................aged.......years, the appellant herein affirm and state that the above facts stated in this appeal are true and correct.

 

Appellant.

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