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infiniti

Help Needed - First Appeal

Question

infiniti

i have filed an application under RTI act, requesting for details pertaining to white ration card approval of a third party (certified copies of supporting documentation provided by the beneficiary and recommendations of the concerned officials for approving the card). I have sent two applications, one each to the District Supplies Officer and Director of civil supplies (State: Andhra Pradesh). 

Both these applications have been separately forwarded under section 6(3) finally to the MRO of the concerned mandal. Now it is been more than 30 days since the transfer has happened and i haven't received any response to my RTI yet. i am thinking of filing an appeal now. 

Could you please help me with the following - 

1. Since the application is now pending with the MRO of the concerned mandal; who would be the FAA in this case? 

2. FA format/draft and any supporting CIC judgements that i can include?

Thanks in advance. 

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Prasad GLN

If you are in AP , I beleive that you MRO designation is Tehasildar and not MRO.  I am providing modelformat for your immediate use.

 

First Appeal dt.3rd Feb,2-19 seeking information under RTI Act

Before: Revenue Divisonal officer, FAA,........................,...............................

Against:  State Public Information officerTehasildar, .....................

Grounds for Appeal

SPIO  has neither provided information nor denied information stating such exemption under Sec.8 or 9 of RTI Act, with justification within 30 days to the Appellant's RTI Applicatiocation dt....

Treating the information as deemed denial this first appeal.

PRAYER:  Appellant prays for directions to SPIO to provide the information as expeditiously as possible free of cost as the information in larger public interest.  Mere Cancellation of such ration card or stating that bundles of applications have to be searched etc. are not exemptions under RTI Act.  Authorities might have canceled RC  but the Government suffered loss due to the supply of essential items on subsidy (?Nil) and there was a huge loss with such RC citizens due to availment of Hospitalization etc burdening the Govt, which is not in larger public interest.  SPIO cannot apply for any such exemptions as this matter of providing ration card to an ineligible citizen to make the unlawful loss to Govt., is a serious affair.

 

Appellant

Send the first appeal by Regd post. Paste postal receipt on your RTI Application for going for the second appeal as they will never provide you those copies to save their own employees, who have knowingly provided the card to a citizen who is above BPL status.I have filed several such applications to SPIO and FAA against Petrol bunk owners, highly reputed and influential persons with crores of assets, and RDO has simply stated that the card was canceled,, and as the applications are running into several old bundles in a storeroom, he cannot trace the same.  I have to oblige when there is a request from Authorities like RDO though I have no relations with any officials for any personal gains..  My second appeal to APIC was first returned though there was no error and when personally handed over the appeal asking them to show error, they have given an inward number.  After two years it was found that the entire second appeal was misplaced lost.  A common man has more duties and it is highly impossible to go for second appeals in all cases.

 

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infiniti
On 2/3/2019 at 6:01 AM, Prasad GLN said:

If you are in AP , I beleive that you MRO designation is Tehasildar and not MRO.  I am providing modelformat for your immediate use.

 

First Appeal dt.3rd Feb,2-19 seeking information under RTI Act

Before: Revenue Divisonal officer, FAA,........................,...............................

Against:  State Public Information officerTehasildar, .....................

Grounds for Appeal

SPIO  has neither provided information nor denied information stating such exemption under Sec.8 or 9 of RTI Act, with justification within 30 days to the Appellant's RTI Applicatiocation dt....

Treating the information as deemed denial this first appeal.

PRAYER:  Appellant prays for directions to SPIO to provide the information as expeditiously as possible free of cost as the information in larger public interest.  Mere Cancellation of such ration card or stating that bundles of applications have to be searched etc. are not exemptions under RTI Act.  Authorities might have canceled RC  but the Government suffered loss due to the supply of essential items on subsidy (?Nil) and there was a huge loss with such RC citizens due to availment of Hospitalization etc burdening the Govt, which is not in larger public interest.  SPIO cannot apply for any such exemptions as this matter of providing ration card to an ineligible citizen to make the unlawful loss to Govt., is a serious affair.

 

Appellant

Send the first appeal by Regd post. Paste postal receipt on your RTI Application for going for the second appeal as they will never provide you those copies to save their own employees, who have knowingly provided the card to a citizen who is above BPL status.I have filed several such applications to SPIO and FAA against Petrol bunk owners, highly reputed and influential persons with crores of assets, and RDO has simply stated that the card was canceled,, and as the applications are running into several old bundles in a storeroom, he cannot trace the same.  I have to oblige when there is a request from Authorities like RDO though I have no relations with any officials for any personal gains..  My second appeal to APIC was first returned though there was no error and when personally handed over the appeal asking them to show error, they have given an inward number.  After two years it was found that the entire second appeal was misplaced lost.  A common man has more duties and it is highly impossible to go for second appeals in all cases.

 

Thank you sir. Are there any CIC/SIC decisions that are precedent and pertinent to this? 

Based on what you mentioned above, this seems to be an uphill if not almost impossible task to be accomplished using RTI. 

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Prasad GLN

You have asked for First Appeal formalities and was guided accordingly.

Perseverance is the main key to success in RTI

All officials may not behave in the same manner.

Even without information under RTI, if you are aware that an ineligible citizen got such a ration card in an illegal manner, you can always complain to CM Dashboard, Grievance before Civil Supplies Corporation.

RTI is not any remedy for any issue.  It has to be used only for the evidential purpose of illegal and improper conduct of public affairs.

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Prasad GLN
7 minutes ago, Prasad GLN said:

Please file first appeal and come back for guidance, if FAA order is not satisfactory

1

 

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infiniti

Apologies for bring up an old thread - i have an update relevant to the original post. 

Yesterday i have received reply from the SPIO (Tahasildar) for my second RTI and the response for majority of my questions pertaining to supporting documents was that 'there is no record available in this office'. They have provided me only a copy of the ration card, along with  the date and details of approving authority (District collector). 

Could you please suggest me a way out to move forward in this case for first appeal. 

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Prasad GLN

If the SPIO has responded after your submission of first appeal (There is no such clarity in your query and presumed) modify the appealing format and post the same as Addendum to the first appeal.

Grounds for Appeal:  SPIO has as a ritual responded and stated that the records are missing.  PIO can either provide or deny information stating such section and subsection of 8 or 9 under RTI Act.   There was never a mention of such denial of information on the reason that records are not available.  Missing of records amounts to the criminal offense as authorities are supposed to preserve such records at least during the currency of ration card.  Treating the denial as malafide and deliberate this first appeal.  When the entire transactions are being online and being preserved electronically in AP State, stating that no record is available amounts to suppression of material facts and concealing of information.   This information is needed in the larger public interest as the welfare funds are being distributed to ineligible citizens.

PRAYER: Appellant prays for directions to SPIO to search for the records and if there is no such record made available, directing him to file a criminal complaint before police and to reconstruct the record basing on available records.  Appellant prays for personal hearing and deputing  SPIO for proper training as he is not familiar even to that simple one section relevant to him in RTI.  Appellant also prays for an ordering of an investigation into the abuse of Public Distribution system in all other cases, treating this as an example of abuse

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infiniti
39 minutes ago, Prasad GLN said:

If the SPIO has responded after your submission of first appeal (There is no such clarity in your query and presumed) modify the appealing format and post the same as Addendum to the first appeal.

Grounds for Appeal:  SPIO has as a ritual responded and stated that the records are missing.  PIO can either provide or deny information stating such section and subsection of 8 or 9 under RTI Act.   There was never a mention of such denial of information on the reason that records are not available.  Missing of records amounts to the criminal offense as authorities are supposed to preserve such records at least during the currency of ration card.  Treating the denial as malafide and deliberate this first appeal.  When the entire transactions are being online and being preserved electronically in AP State, stating that no record is available amounts to suppression of material facts and concealing of information.   This information is needed in the larger public interest as the welfare funds are being distributed to ineligible citizens.

PRAYER: Appellant prays for directions to SPIO to search for the records and if there is no such record made available, directing him to file a criminal complaint before police and to reconstruct the record basing on available records.  Appellant prays for personal hearing and deputing  SPIO for proper training as he is not familiar even to that simple one section relevant to him in RTI.  Appellant also prays for an ordering of an investigation into the abuse of Public Distribution system in all other cases, treating this as an example of abuse

Thank you. 

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infiniti
On 2/28/2019 at 8:56 AM, Prasad GLN said:

If the SPIO has responded after your submission of first appeal (There is no such clarity in your query and presumed) modify the appealing format and post the same as Addendum to the first appeal.

Grounds for Appeal:  SPIO has as a ritual responded and stated that the records are missing.  PIO can either provide or deny information stating such section and subsection of 8 or 9 under RTI Act.   There was never a mention of such denial of information on the reason that records are not available.  Missing of records amounts to the criminal offense as authorities are supposed to preserve such records at least during the currency of ration card.  Treating the denial as malafide and deliberate this first appeal.  When the entire transactions are being online and being preserved electronically in AP State, stating that no record is available amounts to suppression of material facts and concealing of information.   This information is needed in the larger public interest as the welfare funds are being distributed to ineligible citizens.

PRAYER: Appellant prays for directions to SPIO to search for the records and if there is no such record made available, directing him to file a criminal complaint before police and to reconstruct the record basing on available records.  Appellant prays for personal hearing and deputing  SPIO for proper training as he is not familiar even to that simple one section relevant to him in RTI.  Appellant also prays for an ordering of an investigation into the abuse of Public Distribution system in all other cases, treating this as an example of abuse

It has been over two months now and there is no response from FAA so far, could you please suggest if i can proceed with appeal for APIC? Could you please advise on the format as well. Thank you. 

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Prasad GLN

Please find rules and regulations in AP Information Commission website and go for second appeal immediately.

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