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akshay6900

Need to file first appeal

Question

akshay6900

Will this help CENTRAL INFORMATION COMMISSION

 

                                                                              

 

Decision No.CIC/SM/A/2011/000278/SG/12906

 

http://rti.india.gov.in/cic_decisions/CIC_SM_A_2011_000278_SG_12906_M_58648.pdf

 

Appeal No.CIC/SM/A/2011/000278/SG

 

 Or I need to gather information from individual Police Station. 15499871011531549987162217

 

Sent from my Redmi Note 6 Pro using RTI INDIA mobile app

 

 

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Prasad GLN

If you want correct guidance, please post your exact query, as members cannot open every attachment, read and study it for you.  Members aware of the technical points never open any attachment from strangers.  Also, respect the precious time of members for studying the entire papers to guide.

If you wish to go for the first appeal you can raise those grounds basing on which PIO has denied the information and you may enclose a copy of CIC decision and seek a personal hearing from FAA. 

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akshay6900

Pio denies stating  Memorandum No. 10/2/2001-IR, dated 12-06-2008 by the Government of India, Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training, New Delhi, para 3(iii) as the information is scattered and asking to file 60 RTI with 60 police stations.

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akshay6900

so i asked that will the CIC Decision No.CIC/SM/A/2011/000278/SG/12906 will work ? as it overruled  Memorandum No. 10/2/2001-IR, dated 12-06-2008 by the Government of India, Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training, New Delhi, and asked to provide information.

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Prasad GLN

If the information is not available in material form with one PIO, such PIO is not supposed to collect, compile and collate that information because an applicant has sought for such information.

You can go for first appeal, if you are aware that such information is available with one PIO in consolidated form.  If not PIO is correct in his stand.

You may take a chance by stating such DOPT which was overruled by CIC and can pray for such information.

Edited by Prasad GLN
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akshay6900

. Section 4(1)(a) of the RTI Act has talked of computerization of records and functions in various public authorities it makes me in a big question mark that Commissioner office doesn't have the record of permits issued in their jurisdiction. They mentioned that this office will not be having information in detail as asked . And filing same 60 RTI applications is time consuming.

If the records and operations were computerized, transferring an RTI application to even 50 or 100 public authorities could be done with a click of mouse by email. If public authorities do not meet commitments implied in the RTI Act, the citizen cannot be denied his fundamental right.

The Commission rules that DOPT's office memorandum no. 10/02/2008-IR dated 12/06/2008 is not consistent with the law. and every police station is computerized in application Loudspeakers /Band processions permits granted by the police from 1.01.2018 to 31-12-2018 was asked  

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akshay6900

Section 6(3) can be used as per many judgements if pertaing to same office too . There is nothing in the Act which would show that Parliament intended that the transfer should only be to one public authority. It also appears that DOPT's office memorandum is in contravention of the General Clauses Act 1987 and interpreted Section 6(3) of the RTI Act wrongly. The whole purpose of the RTI Act has been to facilitate flow of information to the Citizens

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Prasad GLN

The section only states that each individual authority has computarize their records and not consolidation from all levels at a point.  If such data is required for controlling purpose and reporting to higher authorities, there is a valid point in your first appeal.  Whether PS are expected to report such permissions to higher authority periodically or not required is the issue.  If they need not report about such permissions given by PS for controls to higher authorities, then the supervisory authority is not having such information in the material form at their office.

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akshay6900

they have issued a press release that after 10 pm no noise pollution but can find everywhere noise pollution frequently. Maybe that is the reason they are just quoting we are not having. 4 points were asked on 1 point the application was returned so I can move forward to FAA if i am not wrong.

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Prasad GLN

Irrespective of doubts, complete the process of first appeal and let Information commission decide the matter if FAA also agrees with PIO.

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