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seniorcitizen

can I ask for information to know the section of law/rule under which a decision has been taken by the authorities?

Question

seniorcitizen

Under RTI can I ask for information to know the section of law/rule under which a decision has been taken by the authorities?

This is important.

Thank you all,

Senior citizen

 

Sent from my HM NOTE 1S using RTI INDIA mobile app

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10 answers to this question

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Prasad GLN

It depends and may vary on facts, circumstances from case to case. If it is a public authority, and the decision is quasi judicial, the decision must be a speaking order. You can file application to the designated Public Information officer and seek information as follows:

\Information solicited:

1)Please provide the basis on which the following decision was taken.

 

2)Please provide the copy of such order/circular/notification basing on which the decision was taken.

 

3).Please provide certified copies of office notes available in the file basing on which decision was taken.

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seniorcitizen

Sir, One of my queries in the RTI Second Appeal is "Please inform me under which section of the law an application was

accepted for six rooms when the tenancy was for a single room"

Is this a valid question in an RTI Second Appeal?

Thank you,

Senior citizen

 

Sent from my HM NOTE 1S using RTI INDIA mobile app

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seniorcitizen

There was a written order.

 

Sent from my HM NOTE 1S using RTI INDIA mobile app

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Prasad GLN

Sorry Sir,

I am not able to follow the exact query and it's relation in second appeal.

The proper way should have been seeking information in the following manner. You can explore the possibility of filing application by a friend or relative afresh, as this is not legally barred.

 

Information solicited:

"Please provide the copy of such specific section of the law an application was

accepted for six rooms when the tenancy was for a single room in case of acceptance given to ...............................................

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RAVEENA_O

You may file RTI Application with the concerned PIO and seek the :

 

[1] certified copy of the Office Note indicating notings by various officials and decision of competent authority under which the application was accepted for six rooms when the tenancy was for a single room ...............................(give details of the tenancy).

 

The file noting is the decision making process, wherein the facts, rules and the powers (including provisions of rules vesting powers to competent authority) to sanction / approve the proposal shall be clearly brought out.

 

Please remember, you cannot seek any such information at Second Appeal stage. You must seek such information from PIO, without which you cannot raise such a demand before Information Commission.

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seniorcitizen

The question was raised at the First Appeal stage but was not replied hence it was repeated at the Second Appeal. Hearing for the Second Appeal is pending.

 

Sent from my HM NOTE 1S using RTI INDIA mobile app

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seniorcitizen

It was initially raised with the PIO but was not replied.

 

Sent from my HM NOTE 1S using RTI INDIA mobile app

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Prasad GLN

Ignore the earlier correspondence ..file fresh RTI Application.

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jj99

file fresh application and add this

 

 

pleae refer section 4(1)(d) of rti act and provide reasons for not reply rti query you said in #9

name the person post designation who choose not reply query#9

 

now pleae refer section 4(1)(d) and provide reasons for ( rephrase appropriately )

"Please inform me under which section of the law an application was

accepted for six rooms when the tenancy was for a single room"

 

ask since when this thing is going on

 

ask for who is responsible for allocation give period in years

now ask for officers who has allocated this ( rephrase as required )

 

get this reply and be ready for second appeal to hit them even if they don't reply your hard hitting queries you have more to prove their intention

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