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Shree Vathsan

Can I go for first Appeal for this

Question

Shree Vathsan

I had asked the list of officers who reported to duty on particular station on a particular date. The PIO has reported NIL. Can I first appeal be filed for this?

 

Sent from my SM-J510FN using RTI INDIA mobile app

 

 

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Prasad GLN

If that is the information as per Public record, what is your ground for going for appeal ?

Some thing is missing in the query in RTI Application.

If several officials reported in a particular station, but PIO has not informed those fact then you can go for first appeal stating that PIO has provided false and misleading information.

For going to First Appeal, you have to get some kind of confirmation in your possession, specifically pray for hearing at first appeal, and then after PIO's version you can submit your version with such proof that PIO has deliberately provided incorrect and misleading information.

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Sunil Ahya

If the information that you have sought is available in a documentary form in some sort of an attendance register etc. then the PIO ought to provide a photocopy of such documents / information.

File a first appeal on the following ground:

Grounds of first appeal:

1. The information sought by me i.e. "the list of officers who reported to duty on particular station on a particular date", ought to be available in a documentary form in some sort of an attendance register etc

As per the provision of section 7(1) of the RTI Act, a Public Information Officer (PIO) on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9.

However, the PIO has neither provided the requested information nor rejected it for any of reasons specified under section 8 and 9.

Thus, the PIO has disposed of my request for information in violation of section 7(1) of the RTI Act.

Prayers of first appeal:

1. Kindly place the onus on the PIO in accordance with the letter & spirit of section 19(5) of the RTI Act, for disposing of my request for information in violation of the provision of section 7(1) of the RTI Act.

2. Kindly direct the PIO to provide the requested information.

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