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garg0505

Expert Opinion on CIC decision is solicited.

Question

garg0505

On 14.03.2018 a complaint was filed under RTI Act,2005 with CIC under section 20(1), on the grounds that the CPIO did not provide the information despite the orders of FAA.

During the hearing the respondent CPIO of PMO office submitted that information had been provided to complainant vide letter dated 01.03.2018 through speed post.

Whereas, the information wasn't received by me and after having hearing submission of both the parties and persuing the records the commission directs the respondent to resend the letter dated 01.03.2018 alongwith the proof of its dispatch including tracking number to the complainant within two weeks. Furthermore my complaint have been disposed of.

The CPIO of PMO has coplience the orders of CIC and now I received the information alongwith proof of dispatch on 05.07.2019.

Since the copy of reply furnished by CPIO of PMO is unprincipled and immature, & very much fishy. Therefore, expert advice is needed on the following issues

1. Can I still file my appeal against the reply of CPIO of PMO in the event of disposed of my complaint in CIC orders.

For your convenience I am enclosing the CIC orders.

 

.CIC Order on PMO CPIO

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Prasad GLN

Members do not open attachments from strangers and do not take the trouble of reading entire facts.  If you are not satisfied with SPIO information, you can file Addendum to First appeal stating CPIO orders and enclosing attachment with more clarity in the form of tabulation

Annexure to addendum to first appeal stating verbatim facts relevant to grounds for appeal stated in main first appeal.

__________________________________________________________________________ ______________________________________________________________

Query No...............Information solicited on..............  Provided on..........................Reasons for not finding reply satisfactory

_____1__________________2_____________________3_________________________________4__________________________________________________________

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3

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Sunil Ahya

Your attached file did not have the .PDF extension and therefore it was not opening. I have added the .PDF extension for the convenience and therefore, it should now be possible to open your file. I have re-attached the corrected file with this post.

In your case, you may file a complaint under section 18(1) with the Central Information Commission.

 

CIC Order on PMO CPIO.PDF

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garg0505

Thanks sir for your valuable advice.

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Prasad GLN

Make heading of the complaint as "NON COMPLIANCE OF CIC DECISION - COMPLAINT.

Before filing complaint issue a formal notice both to CPIO and FAA, to provide that information within 15 days,  Wait for 15 days and then enclose the copy of notices issued to CPIO and FAA to strengthen your efforts to get the information from them without approaching CIC.  There must be a Transparency officer in PMO who is a co-ordinating stake holders--Applicants, PIOS, FAAS and Commission.  You may also make a copy to him drawing his attention to non compliance of CIC orders by PMO which may give a bad precedent and wrong signals to other authorities in sincerity in implementing RTI Act.

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