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First Appeal Help, Latest information CIC judgements

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manojan

I filed and RTI application with District Child Protection Unit of Kanyakumari District. While I got information on few questions, few questions were not answered as “Personal information and for other few, that have asked me to contact other departments Social Welfare board and Children Welfare Board. They have not provided the FAA details as well.

 

1. Please provide information regarding the total number of staffs employed by Kanyakumari District Child Protection Unit in 2017. Also, please provide the name of all the staffs and their complete educational qualification.

 

This information was denied categorising it as “Personal information and citing Tamilnadu information commission judgement 34754/D/2014

 

2. Please provide the name of the staff’s that have any pending cases. If there is a pending case, please provide the corresponding case numbers

 

Answer was same as above

 

3. Please provide the number of children who were given for adoption through Kanyakumari District Child Protection Unit for the year of 2016-2017

 

Directs me to contact PIO of District Children Welfare Board of Kanyakumari District

 

4. Please provide me the list of stopping child marriages by Kanyakumari District Child Protection Unit or the year of 2015-2017. Please provide me the list of Case Numbers for the same, if available

 

Directs me to contact PIO of District Children Welfare Board of Kanyakumari District

 

5. Please provide me the list of orphanages that was closed by Kanyakumari District Child protection Unit during the year of 2014-2017 and please provide specific reason why those orphanages are closed. Also, please provide the current status of children from the closed orphanage homes.

 

While the list of orphanages that was closed was provided, for the remaining details they asked me to contact Social Welfare board and Children Welfare board of Kanyakumari

 

Please help me out with any latest judgements, materials, hints that will help me to frame a first appeal, please note that the PIO has not provided FAA details.

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Prasad GLN

1. You have to file First appeal within 30 days of receiving PIO denial, and during first appeal you need not provide any citations. Please file First appeal with following grounds.

Grounds for Appeal:

 

1 & 2:. The applicant has solicited information regarding the total number of staffs employed by KDCPU etc , and PIO has not applied his mind and denied information stating that mere number of employees (it is just a number)“Personal information and wrongly cited Tamilnadu information commission judgement 34754/D/2014 without any understanding.

Appellant submits that this information has to be disclosed voluntarily by every public Authority.

If the personal information is to be applied, PIO has to apply for the same only through invocation of Sec.11 and seek comments from each employee before denial of this information.

 

3 & 4 & 5.Appellant has sought number of children who were given for adoption through Kanyakumari District Child Protection Unit for the year of 2016-2017 etc. for which PIO has directed appellant to Contact Directs me to contact PIO of District Children Welfare Board of Kanyakumari District, whereas he can himself severe that information from application and send to to concerned PIO under Sec. 6 ( 3) (Please note "shall transfer the application or such part it as may be appropriate to that other public authority

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manojan
1. You have to file First appeal within 30 days of receiving PIO denial, and during first appeal you need not provide any citations. Please file First appeal with following grounds.

Grounds for Appeal:

 

1 & 2:. The applicant has solicited information regarding the total number of staffs employed by KDCPU etc , and PIO has not applied his mind and denied information stating that mere number of employees (it is just a number)“Personal information and wrongly cited Tamilnadu information commission judgement 34754/D/2014 without any understanding.

Appellant submits that this information has to be disclosed voluntarily by every public Authority.

If the personal information is to be applied, PIO has to apply for the same only through invocation of Sec.11 and seek comments from each employee before denial of this information.

 

3 & 4 & 5.Appellant has sought number of children who were given for adoption through Kanyakumari District Child Protection Unit for the year of 2016-2017 etc. for which PIO has directed appellant to Contact Directs me to contact PIO of District Children Welfare Board of Kanyakumari District, whereas he can himself severe that information from application and send to to concerned PIO under Sec. 6 ( 3) (Please note "shall transfer the application or such part it as may be appropriate to that other public authority

Thanks for the reply . The PIO has not disclosed the FAA details as well. So shall I reply to the PIO stating that he has not provided the FAA details so ask him to forward my appeal to the FAA?

 

Sent from my XT1635-02 using RTI INDIA mobile app

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Prasad GLN

That is also a serious violation: Add one line as last in Grounds for Appeal>

PIO has further prevented appellant by filing first appeal, not followed prescribed procedure of DOPT in providing of information and has deliberately withheld first appeal process, which is deliberate and malafide.

If you know FAA address, send first appeal directly to him.

If not write a covering schedule to first appeal in the name of PIO and state as following:

To

PIO.

Reg:Filing of first appeal

Ref: PIO reference letter No....dt....in response to my RTI Application.

 

As per RTI Act, it is the obligation of PIO to provide further appeal process. But SPIO has not provide any details of FAA.

PIO has further prevented appellant by filing first appeal, not followed prescribed procedure of DOPT in providing of information and has deliberately withheld first appeal process, which is deliberate and malafide.

In view of the same, the first appeal is being enclosed, with a request to PIO to assist the applicant in filing of First appeal, by forwarding the same to concerned FAA, with a copy to appellant.

 

Applicant.

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manojan

Now its been 25 days since I filed First appeal to the PIO asking her to escalate this to the FAA as she has not listed the FAA in her reply; I havent received any reply from FAA yet. I am planing to write up a reminder letter to the PIO ( asking her to escalate to FAA) and sending the Copy to the Head of the Department- District Colector requesting to speed up the process. Is it ok to do so? Please advice. Thanks

 

- - - Updated - - -

 

That is also a serious violation: Add one line as last in Grounds for Appeal>

PIO has further prevented appellant by filing first appeal, not followed prescribed procedure of DOPT in providing of information and has deliberately withheld first appeal process, which is deliberate and malafide.

If you know FAA address, send first appeal directly to him.

If not write a covering schedule to first appeal in the name of PIO and state as following:

To

PIO.

Reg:Filing of first appeal

Ref: PIO reference letter No....dt....in response to my RTI Application.

 

As per RTI Act, it is the obligation of PIO to provide further appeal process. But SPIO has not provide any details of FAA.

PIO has further prevented appellant by filing first appeal, not followed prescribed procedure of DOPT in providing of information and has deliberately withheld first appeal process, which is deliberate and malafide.

In view of the same, the first appeal is being enclosed, with a request to PIO to assist the applicant in filing of First appeal, by forwarding the same to concerned FAA, with a copy to appellant.

 

Applicant.

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Prasad GLN

If you believe in RTI way, go in RTI way and wait till 50 days from date of filing first appeal.

If you fail to receive FAA orders within that time, go for second appeal to SIC.

Please stop this reminder business, as those persons have scant respect to RTI.

This is a statutory obligation and duty. Why should a citizen frequently remind PIO of his duties and obligations.

If you have time, do not remind, but post another RTI Application asking him as follows:

Information solicited:

1.Please provide me the FAA address.

2.Please provide me the date of receipt of First appeal filed by this applicant, and date of sending it to FAA with such service proof.

3.Please provide the copy of order/notification/circular that stipulates the duties and obligations of Public Information officer and the format of reply to be provided by PIO. (As PIO has never provided FAA particulars preventing citizens in filing appeal and against DOPT directives, RTI stipulations)

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manojan
If you believe in RTI way, go in RTI way and wait till 50 days from date of filing first appeal.

If you fail to receive FAA orders within that time, go for second appeal to SIC.

Please stop this reminder business, as those persons have scant respect to RTI.

This is a statutory obligation and duty. Why should a citizen frequently remind PIO of his duties and obligations.

If you have time, do not remind, but post another RTI Application asking him as follows:

Information solicited:

1.Please provide me the FAA address.

2.Please provide me the date of receipt of First appeal filed by this applicant, and date of sending it to FAA with such service proof.

3.Please provide the copy of order/notification/circular that stipulates the duties and obligations of Public Information officer and the format of reply to be provided by PIO. (As PIO has never provided FAA particulars preventing citizens in filing appeal and against DOPT directives, RTI stipulations)

 

Thanks Prasad, I will file another RTI with the above questions.

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manojan

Hi Prasad, I finally received a letter again from the PIO saying that they have already provided the information and the first appeal was submited to her, so she asked again to send this fist appeal to the FAA. Irnoic to say, that she never provided the FAA details in her first reply and neither provided the FAA details in this reply aswell. We have sent the First appeal to the PIO as they have not provided the FAA details with the covering letter? Please advice if I reply to her ot directly goto SIC?

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Prasad GLN

Send a copy of First appeal by Registered post with a covering letter. If FAA applies his mind , he can read PIO response and find whether PIO has provided appeal particular or not. As first appeal was already submitted , wait for 50 days from date of receipt of latest PIO letter (forwarding of first appeal) for going to second appeal to IC.

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manojan

But till now I dont have the FAA contact details? AGain do we need to send it to PIO?

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Prasad GLN

Horrible. Search website of Public authority to FAA particulars, or seek such information over phone or retransmit the first appeal back to PIO enclosing his first response and second response where he has deliberately failed to provide appeal particulars and bent upon harassment of applicant. You have to use strong words this time and ask him to verify his own letters.

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manojan

There is no FAA details available in their website. Can you please help me to draft this with suitable words? I am not not clear on how to do this. Thanks in advance.

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Prasad GLN

Registered Post acknowledgment due.

 

State Public Information Officer,

................................

..................................

 

Sir, Madam

 

Reg: Forwarding of first appeal.

 

Ref: Your first response Reference No..............dt.................

Your second response letter No........................dt.............

 

I am here with enclosing the copy of response given by you for verification. I could not find further appeal procedure, though it is an obligation for PIO to provide such appeal procedure as a duty and obligation. Though, there was no mention of such appeal procedure, deliberately recording a lie that such appeal procedure was mentioned in your letter is incorrect, false and misleading.

 

If only the appeal particulars are provided in your letter of response, there is no necessity for this appellant to send first appeal to you, and he should have directly sent first appeal to concerned First Appellate Authority himself, instead of seeking your help and assistance in forwarding the first appeal.

 

This is to place on record that PIO has neither provided first appeal procedure at any time so far, and prevented from filing first appeal by returning first appeal back to appellant instead of helping/assisting appellant in sending the first appeal direct to FAA.

 

Appellant has searched website and could not find FAA particulars in website. Not providing FAA particulars both in website and by PIO amounts to obstructing of providing information and serious violation of RTI stipulations.

Please be informed that it is the duty of PIO to provide FAA particulars, but PIO has deliberately obstructing such process not once but twice and harassing the appellant.

 

This is finally to record the efforts of appellant to file first appeal and the obstructive tactics of PIO in preventing of filing first appeal.

Appellant is once again enclosing first appeal, with a request to immediately send the first appeal to concerned FAA by Speed post, and inform compliance to applicant. Providing needed help and assistance to citizens is PIO's duty.

Please do not return first appeal once again, as appellant will be constrained to file complaint direct to IC, in case of such return.

Please comply with the RTI stipulations.

 

Yours sincerely,

 

Copy to .................Information Commission: This is to bring to your kind attention that PIO is neither providing information on further appeal procedure in his response as can be seen in Encl: 1. Applicant has requested PIO to direct first appeal to FAA vide his letter dt...which was also returned by PIO. His response returning of first appeal is Encl: 2. Appellant could not find FAA details in website.

Hence appellant prays to treat the harassment of citizen by PIO seriously and treat the entire correspondence as complaint against PIO.

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manojan

Thank you Prasad, You have been so helpful. And this has to be sent to the PIO and a copy has to be sent to the SIC right?

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Prasad GLN

Right.

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RAVEENA_O

There is no fruitful purpose in endorsing a copy to SIC. Instead, make a complaint to SIC on the two aspects:

 

[1] PIO intentionally did not mention the details of FAA in his decision letter and thereby obstructed in filing First Appeal u/s section 19(1) of the Act.

 

[2] When the First Appeal was sent to PIO, in absence of detailed particulars of FAA, the PIO returned the same instead of forwarding it to the concerned FAA.

 

[3] The public authority, intentionally and malafidely did not display the details of PIO and FAA in its official website, as required under the provisions of the Act.

 

Prayer: impose penalty of Rs.25,000 on PIO for malafidely denying the information and causing obstruction in the process of seeking information.

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Prasad GLN

This is the last sentence in copy to IC in the suggested format, after explaining all this to PIO.

 

Hence appellant prays to treat the harassment of citizen by PIO seriously and treat the entire correspondence as complaint against PIO.

There was no prescribed format for complaint. Facts and enclosures were discussed. The main purpose is to get FAA details. The copy is for just information of PIO and supporting document for second appeal on deliberate and malafide misguidance of PIO.

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manojan

Just wanted to confirm, After this complaint and if I still didnt received an answer within the stipulated 50 days of my filing of first appeal, I should make the second appeal to the SIC as per the rule right?

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Prasad GLN

Yes. Wait for 30 days (as it is not your fault) and file second appeal seeking all remedies stated under Sec.20. Keep second appeal prepared, assuming that you will not get response. Study rules and regulations of second appeal under RTI applicable to commission thoroughly. (Read Sec.19 and 20 also)

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manojan

I received a summons to appear before the SIC, which I cannot die to personnel reasons. I have made a complaint about the PIO not providing FAA details and not forwarding couple of questions to.xoncerned department. So what should I write to SIC about my absence? Please advice

 

Sent from my XT1635-02 using RTI INDIA mobile app

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Prasad GLN

Appearing before SIC is not mandatory. Immediately file written arguments both by e mail and regd post detailing the grounds further. If you have made a complaint under Sec.18, you will not get any information, and the discretion of imposing penalty rests on IC, and complainant has nothing to do on complaint. For minor deviations, IC will not take any serious step and just state in his decision to provide FAA particulars in future. There ends the matter.

If you want information, always go for second appeal. In case PIO fails to provide FAA details, file first appeal separately, put one covering schedule in the name of PIO and solicit his help.

I am not aware as to who advised you to go for complaint, when you can get all remedies only in second appeal.

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manojan
Appearing before SIC is not mandatory. Immediately file written arguments both by e mail and regd post detailing the grounds further. If you have made a complaint under Sec.18, you will not get any information, and the discretion of imposing penalty rests on IC, and complainant has nothing to do on complaint. For minor deviations, IC will not take any serious step and just state in his decision to provide FAA particulars in future. There ends the matter.

If you want information, always go for second appeal. In case PIO fails to provide FAA details, file first appeal separately, put one covering schedule in the name of PIO and solicit his help.

I am not aware as to who advised you to go for complaint, when you can get all remedies only in second appeal.

 

Despite repeated requests, The PIO didnt provided the FAA, so I filed the First appeal to the PIO asking her to forward it to concerned PIO, but she reverted back saying that first appeal should be made to FAA, again she didnt provided the FAA detaills. Hence I aproached the SIC. And it was you asked me to complain about this to IC. Pls, not that First appeal has been already submitted to PIO

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Prasad GLN

Then enclose all those correspondence including that of DOPT guideline on format of PIO response, a befitting case to impose penalty on PIO. As a Government officer, when once a letter addressed to superior authority is received by him within same public authority, he is supposed to perform his duty and obligation to forward the same to FAA. In the meanwhile find out the address of FAA and also make all these submissions to him.

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manojan
Then enclose all those correspondence including that of DOPT guideline on format of PIO response, a befitting case to impose penalty on PIO. As a Government officer, when once a letter addressed to superior authority is received by him within same public authority, he is supposed to perform his duty and obligation to forward the same to FAA. In the meanwhile find out the address of FAA and also make all these submissions to him.

 

I have already made a complaint with all the documents, so will you be kind enough to draft the reply to the summons notice?

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Prasad GLN

Members can only guide others but can not offer secretarial services to those members who are experts by themselves.

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