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Raje1974

College Approval Documents

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Raje1974

Sir,

It is alleged that an engineering college is built by way of enroachment of  water course poromboke in the village.

1.Filed RTI with AICTE seeking copy of inspection report conducted on AAA Engineering college for violations,copy of surprise checks conducted,Record Note of Inspection

CPIO 's Reply:   Denied under sec 7(9) of RTI Act

 

2..Filed RTI with AICTE seeking copy of structural stability certificate,Fire and life Safety Certificate,approved Plan from local statutory body , completion Plan along with Completion Certificate,Provisional Occupancy Certificate Latest salary sheet giving details, such as, scale of pay, gross pay, PF deduction, TDS for all Faculty members and non teaching Staff and Faculty Student ratio and Copy of last two Deficiency Report submitted by the college to AICTE for approval,

CPIO Reply:  Third party information. Sec 11 notice sent to The Principal of College. They have have asked for Principal's Concurrence and if he is OK,Principal himself can send the documents to me. Revealed the name and address to the college in the sec 11 notice sent to the College

 

 

The above furnished reply from CPIO has been received after 45 days after filing First Appeal.

Should I make an appeal again to the FA or go for second appeal directly?

Please advice on Grounds of Appeal

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Prasad GLN

Why this round about conflicting route, when you can directly get the same documents from authority that permitted the civil constructions, blue prints and the old map of the place from Survey dept/Revenue dept.,

As you are saying the place in a village, the village map showing entire lands must be available with Village, revenue and with another copy at State Revenue Dept. record (Master)

First go through fundamentals of RTI Act and custodian of that information.

Please go through sec 7 (1)

Sec. 7 (9) is not stated in that stipulation as exemption of information.

This stipulation in Sec. 7 (1) states that information has to be denied under Sec. 8 or Sec. 9

Sec.11 is not also an exemption.  If that information is really available, they have to seek that information provided by the third party for his comments.  

You ought not have combined all several things in one RTI to AICTE though it may have that information.

If you want you can go for first  appeal as information was neither provided nor denied stating such exemptions.

Next time if you wanted to seek any information, do not club several issues in one application, divide the information subject wise, identify the custodian of the information preferably several others and then seek information from those authorities.

For example: Village or that authority that permits civil structure must be having the following:

copy of structural stability certificate,Fire and life Safety Certificate,approved Plan from local statutory body , completion Plan along with Completion Certificate,Provisional Occupancy

From University the following:

Latest salary sheet giving details, such as, scale of pay, gross pay, PF deduction, TDS for all Faculty members and non teaching Staff

(You can get only faculty names and scales of pay and not PF or TDS)

From AICTE the following:

Faculty Student ratio and Copy of last two Deficiency Report submitted by the college to AICTE for approval,

 

Please go through Sec. 7 (9) and Sec. 11 as they are not exemptions, and they are just procedural formalities.

Go for first appeal to FAA AICTE on deemed denial of information.

First Appeal dt....May,2018 under RTI Filed

Before: FAA, AICTE, New Delhi

 Against: CPIO, AICTE, New Delhi

Applicant.

 

Brief Facts: Applicant has filed RTI Application on.............seeking information on larger public interest issues involved in .......................................................College at...............................  Self attested copy of RTI Application enclosed.

PIO's response dt..................was enclosed.

Grounds for Appeal: PIO has neither provided the information nor denied the information stating such exemptions in Sec.8 or Sec.9  within 30 + 10days grace time in case of third party information.  Hence treating the information as deemed denial, this first Appeal.

Sec. 7 (9) is not an exemption and is just a form of information that must be provided as requested by applicant .

Sec.11 is a third party comments.  This is just procedural and it is ultimately the CPIO that has to weigh larger public interest.

Larger public Interest: The entire information is asked in larger public interest, as safety of students and obtaining statutory approvals is larger public interest .  There are no exemptions in RTI Act for any point of information solicited.

PRAYER: Appellant prays for directing CPIO to provide the information as expeditiously free of cost.

 

Appellant.

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Raje1974

Thank You Sir for your valuable support.

 

1. The  reason for round about is that State Govt authorities did not respond to our RTI  applications and several SA are pending for enquiry.College has submitted all the documents for approval and it is held by AICTE

 

2. I did not mention  anything about "larger Public Interest " in the RTI Application filed online.

 

3.I have filed First Appeal and FAA directed CPIO to furnish reply.Should I file a second First Appeal again or SA.Sir please advice

 

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Prasad GLN

Sorry, I do not clearly understand the status.

When FAA ordered for providing of information, FAA has completed his task.

If even after FAA orders, CPIO has not provided information, wait for a reasonable period of 15 days, make a polite letter to FAA that even after FAA's orders CPIO has neglected in providing information and deliberately delaying which amounts to derelection of duty and disobedience of reasonable orders of his superior, and request him to once again direct CPIO to provide information within a time frame. Mark this a copy to CPIO.

Wait for FAA orders for another 15 days and finally make second appeal to IC as a last chance.   In the meantime, prepare grounds for bringing a logical conclusion with that information.

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Raje1974

Sir,

 

Sorry If I'm not clear

 

1. Filed RTI with AICTE, no reply from CPIO within 40 days.Filed First Appeal on grounds " deemed Refusal of Information"

2.FAA directs CPIO to furnish information as per RTI act stipulations.

3. Should I file FA or SA?

 

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Prasad GLN

First appeal doors are not completely closed.  Report non compliance to FAA before going for second appeal and explore all possibilities of getting information before going to second appeal.

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Sunil Ahya

There is no provision under the RTI Act for going back to the First Appellate Authority.

RTI Act u/s. 19(1) says that, where a RTI Applicant is aggrieved by the decision of a PIO he may prefer an appeal to the FAA. If one were to interpret this provision in its letter and spirit, each decision of PIO is appeal-able with the FAA and therefore every-time a PIO gives a decision and if the applicant is aggrieved by such a decision he can file a fresh first appeal with respect to the same. In other words, one can file an iterative first appeal in the same matter. However, having said that, if you take such an approach (i.e. iterative first appeal) you are treading onto an innovative uncharted territory.

Therefore, although you may take such an innovative approach, but, since you have already exhausted your first appeal remedy, you must immediately file a second appeal with the concerned Information Commission, so that you book yourself a place in the queue at Information Commission.

In the meanwhile if you get the required information because of your efforts with the FAA, well and good, and you may then inform the Information Commission through an Addendum (additional submissions to an already filed second appeal) that, you have already received the required information, however, if you still do not receive the required information despite your repeated approach to both the PIO and FAA, your already booked place in queue at Information Commission moves forward !!

For grounds of second appeal with respect to section 7(9), please refer to the following link:

 

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