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RBCHAVAN

Reply by PIO for FAA

Question

RBCHAVAN

In a RTI application I had asked for the daily status of the application given by my father regarding unauthorised construction  and the action taken. I never received any information from the PIO & I put in my 1st appeal. I received seven notices from the FAA to appear for the hearing Every time the hearing was postponed due to the absence of the FAA and finally on the last hearing date  the PIO showed the FAA a postal  acknowledgement signed by me regarding the delivery of the information sent by him. I was stunned as well as confused as I had never received any information. The FAA agreed with the PIO and told me to sign the order sheet (dt.27/12/2018). A letter dt 28/12/2018 was received by me (on 24/01/2019 posted on 23/01/2019) signed by the PIO citing reference to my RTI application as well as to my 1st appeal to the FAA which mentioned that daily status and action taken of an application cannot be supplied through RTI . The postal acknowledgement shown to the FAA could have been any one signed by me for other letters received by me from the Corporation. Mostly the PIO had fooled the FAA & me. Also decisions given by  the FAA in other appeals are signed by the FAA  and not by the PIO. Can  I get a copy of the order sheet of the hearing of the FAA along with statement of the PIO through RTI.

 

 

 

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Prasad GLN

There is a mistake on your part.  Time and again, experts advised to record the entire proceedings as Minutes and give it to FAA and PIO duly signed.

If PIO has really provided that letter, he might have marked and written to FAA immediately after receiving the first appeal.   He should have at least communicated to the appellant.

There are flaws in every step.  The designation of PIO is different and FAA must be superior in authority over PIO and designated as such.  There was never a practice of signature of PIO for FAA.

Again FAA can only deliver his orders and can not force any appellant to sign any document when the appellant reported non-receipt.  At least the copy was not given.

Coming to FAA orders, the orders are defective.  Information can be denied only on stating such exemption in RTI Act Sec.8 and subsection and with proper justification for applying that section.  The reason for rejection is stated as follows:

"That daily status and action taken of an application cannot be supplied through RTI . "

There was never any such exemption in RTI Act as stated by PIO and FAA.

Ask through separate RTI application to SPIO and seek information as follows:

1. Please provide me a copy of the letter that stated that information was denied tat daily status and action taken of an application cannot be supplied through RTI . " with a copy of such entry in outward despatch letter that mentions details.  As the SPIO response is essential for submitting the second appeal and such letter was never received by the Appellant.

2. Please provide me the copy of that section or subsection in RTI Act that exempts and states that "That daily status and action taken of an application cannot be supplied through RTI . "

The second Appeal can be filed within 90 days from receipt of FAA.  To prepare grounds for the second appeal, get this information also so that you can simply state only simple ground for the second appeal to SIC as follows:

_____________________________________________________________________________________________

Grounds for Appeal: SPIO has said to have rejected to provide information stating as follows:

'That daily status and action taken of an application cannot be supplied through RTI ."

FAA has agreed with PIO.  Appellant has neither received such letter nor there is no such stipulation exempting such information under RTI in Sec.8 or Sec.9 of RTI Act.

SPIO can only deny information stating such Section and subsection with proper justification.

In this case, PIO has neither quoted such exemption section/subsection nor offered any justification.

Hence the information denial is treated as deliberate and malafide.

PIO was asked to provide such Section and subsection in which there is such exemption and PIO has  responded as follows ( or Not responded)

PRAYER: Appellant prays for directions to SPIO and to FAA also (as SPIO has signed for FAA) to provide the information as expeditiously as possible free of cost as denial is deliberate and malafide.

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Sunil Ahya

Seeking information under RTI is a time bound procedure, therefore, kindly watch out for the time limits prescribed under the RTI Act.

If you have received the FAA reply / order, you are supposed to file a second appeal under section 19(3) within 90 days of the date of receipt of the FAA's Order.

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RBCHAVAN

Sirs                                                                                                                                                                              As mentioned by you Prasad sir I filed a new RTI application  seeking information as mentioned above . To my surprise  I received a notice from the FAA that my first appeal was to be heard ( reheard) on 13/02/2019 but that was also postponed. Now the problem is can I file my second appeal as the 90 day time has elapsed as mentioned by Sunil sir. My first appeal was filed on 21/07/2018.

 

  

 

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Prasad GLN

 

1. Please go through Sec.19 or atleast read the reply given by Sri Sunil Ahya which was as follows:

"If you have received the FAA reply / order, you are supposed to file a second appeal under section 19(3) within 90 days of the date of receipt of the FAA's Order."

As first appeal hearing is postponed, you may get FAA orders only after hearing and there is lot of time for filing second appeal.  Do not be hasty to go for the second appeal, as your turn may come only after two years.  Try to get information during first appeal itself, and appear for Hearing, if the information is urgent and priority.

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Sunil Ahya

You can always file a second appeal and book a place for yourself in the queue at Information Commission, so that your number in the queue starts moving forward.

By the way, before which State Information Commission you are supposed to file a second appeal, because in Mumbai, Maharashtra, it just takes a couple of months and not two years for a second appeal to come up for a hearing!

 

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RBCHAVAN

Sir                                                                                                                                                                               I am filing before the Karnataka Information Commission at Bangalore . Recently I have heard that a bench of the Commission is to be set up at my city Belgaum (Belagavi ) which is in north Karnataka. If a new bench is setup it will be useful to us.

 

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RBCHAVAN

Hearing before the FAA is getting a bit longer with actually no hearing taking place as every time the hearing is postponed due to some reasons. Eleven registered notices of hearing have been received by me and the twelfth received by me today from the day my 1st appeal was filed on 21/07/2018. On the day of hearing I receive a call from the Corporation of postponement Only once has there been hearing and PIO has informed me about the details as above ('That daily status and action taken of an application cannot be supplied through RTI .").Can I file a fresh RTI to get a fast decision on my FA in the FAA office &  what information can be asked.     . 

  

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Prasad GLN

Never enter into useless correspondence with lethargic authorities without a cause.   The more they drag, the more advantageous position you are placed.  Write a polite letter stating in the personal name of FAA (DO) such FAA hearings given, canceled in a table form and also seek inspection of the file PRIOR TO HEARING as the file notings can be noted to note a day to day status and action taken on the application.  (I always wonder why it is necessary and what we can do with that information  under RTI when the issue is pending on record, I find several PIOs getting irritated  and felt as though they are being questioned by applicants like their auditors)

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