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subbu23

First Appeal for Inspection Denied

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subbu23

I had applied for Inspection at SSP police office.I wanted to inspect all my files regarding complaints,petitions,RTI applications.file notes

 

Below is my application

 

Screenshot_2017-08-04_09-43-14.jpg

 

PIO reply as follows

 

Screenshot_2017-08-04_09-41-22.jpg

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Prasad GLN

First Appeal dt.4th Aug, 2017 under RTI Act filed

 

Before: First Appellate Authority,..............

Against:State Public Information officer,.............

Appellant:

 

Grounds for Appeal: SPIO has without application of mind, has denied permitting inspection form of inspection of documents pertaining to the applicant himself, and invented Sec. 8 1 (j) for such denial without justification. Even if it is accepted that it is personal information of a third party, PIO can only deny after invoking procedure laid down under Sec.11.

The denial of PIO to reject information pertaining of applicant's own is never heard of in RTI Act. Sans justification applying a simple section is a deliberate and malafide denial.

 

Prayer: Appellant prays for directing PIO to provide inspection form of inspection of the applicant's own records, which is never third party's information as expeditiously as possible free of cost. If there is any such precedent that states that applicant's own information is third party personal information and should not be provided, appellant will highly be obliged to know such decision.

 

Appellant.

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subbu23

Thanks

 

I had applied for inspection of files related to my own complaints and my RTI Applications only.PIO has rejected stating that there is no public Interest involved in it.

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Prasad GLN

First the conception that "larger public interest" reason as a denial should be cleared.

As per CIC full bench decision "Larger public interest" is never a reason for denial, this is infact should be used to provide that information though it is exempted, if there is larger public interest". Unfortunately, even after such interpretation that information of his own is not third party information, and larger public interest is not a valid reason for denial was stated in number of CIC decisions, PIOs continue to deny information without updating their knowledge.

or I do not know whether they know this and still playing games is not known.

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Sunil Ahya
Thanks

 

I had applied for inspection of files related to my own complaints and my RTI Applications only.PIO has rejected stating that there is no public Interest involved in it.

 

File a first appeal with the above mentioned ground.

 

Also please refer:

 

Grounds of Appeal with respect to denial under Section 8(1)(h) and 8(1)(j)

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subbu23

Sir,

 

Received reply from Appellate Authority

 

Again the FAA also failed to read the appeal properly and did not understand that RTI application is regarding inspection of documents pertaining to the applicant himself

 

FAA denied inspection stating that you cannot inspect complaints,appeals etc filed by public.They are secret files and providing inspection for such files will endanger the lives of public.

 

At any of time in RTI and FA,I've never mentioned the word public. I've requested inspection of my complaints,appeals only.

 

Suggestions for Second Appeal Solicited.

 

 

 

 

 

 

First Appeal dt.4th Aug, 2017 under RTI Act filed

 

Before: First Appellate Authority,..............

Against:State Public Information officer,.............

Appellant:

 

Grounds for Appeal: SPIO has without application of mind, has denied permitting inspection form of inspection of documents pertaining to the applicant himself, and invented Sec. 8 1 (j) for such denial without justification. Even if it is accepted that it is personal information of a third party, PIO can only deny after invoking procedure laid down under Sec.11.

The denial of PIO to reject information pertaining of applicant's own is never heard of in RTI Act. Sans justification applying a simple section is a deliberate and malafide denial.

 

Prayer: Appellant prays for directing PIO to provide inspection form of inspection of the applicant's own records, which is never third party's information as expeditiously as possible free of cost. If there is any such precedent that states that applicant's own information is third party personal information and should not be provided, appellant will highly be obliged to know such decision.

 

Appellant.

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Prasad GLN

Same grounds even in second appeal.

under Brief facts add:

First Appeal (page No ) was filed on ...., FAA has not applied his mind and agreed without even peeping into grounds of appeal that information of one's self is not third party information, and that if it is a third party information, it can be denied only after exploring sec.11.FAA orders dt..... were in Page No.

 

Grounds for Appeal: Same as above first appeal ...copy and paste.

PRAYER: Appellant prays for taking up such deliberate and malafide denials seriously as PIOs who are public servants must go through precedents and independently applied their mind in deciding the cases. Appellant prays for directions to PIO for providing information as

expeditiouslyl as possible free of cost. Appellant prays for penalty and recommending for disciplinary proceedings against PIO as stipulated under RTI Act. The specific submission of the appellant is that the FAA's failure to take a decision independently on simple matters should be condemned through comments, so as it serves as warning to all FAAs.

 

Invariably mark copy of second appeal to PIO and FAA.

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