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garg0505

Can PIO Direct to information seekers, to obtain the information visit the office of my junior and identify the documents and obtain the same by paying amount , when RTI application filed u/s 6 of the RTI Act.

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garg0505

Recently PIO of public authority, in a RTI application submitted u/s 6 of the RTI Act, responded to applicant after the stipulated time, you please visit the office of his junior and inspect the file/files, and after inspection of the files obtain the documents by depositing the money itself. Therefore, please provide expert opinions about the issue, as in my opinion no such provision do available to PIO to direct the information seekers under RTI Act. However if applicant desires himself to inspect the files, then option available to applicant to file the RTI application under section 2(j)(I) of the RTI act.

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Prasad GLN

Focus only on information.  If you feel that information is urgent and important, do avail every opportunity thrown to you without further arguments.  If you wanted to go for appeal go for first appeal stating the following grounds.

First Appeal dt........................under RTI Act

Before:

Against:

Brief facts:  Appellant solicited information in the form of a letter for queries No.............and PIO instead of providing information vide his letter dt.............directed appellant for inspection.

Grounds for Appeal: As per Sec. 7 (9)  "information shall ordinarily be provided in the form  in which it is sought unless it would disproportionately. divert the resources of public authority or would be detrimental to the safety of preservation of the record.".  The same was reiterated in several CIC decisions..

As the information was not provided in the form it is requested, and PIO has chosen his own form and directed appellant to come for inspection, without caring for the convenience of appellant, the response of PIO is not proper and not satisfactory.

PRAYER: Appellant prays for directions to PIO to provide that information as solicited in application.

 

Appellant

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garg0505

Thanks sir, I am in agreement with your opinion, and on same line first appeal filed with FAA, but no response was received from FAA, therefore, 2 nd Appeal was filled on same ground, and hearing date is 23.9.19.😃

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Prasad GLN

Can you just inform the reasons for not availing the opportunity of inspection, (Had it been availed , it should have been given strong ground for your second appeal ?

I do not know SIC, but I am surprised that the hearing date is 23-9-2019.  

It appears to me that you have sought guidance in defending second appeal hearing  and not against PIO response. You have sought guidance on 14th and on 15th informing that second appeal hearing is on 23rd.

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garg0505

Sir,

This is regarding the unlawful activity of PIO of New Delhi Municipal Council, New Delhi, wherein instead providing information to applicant he directs to information seekers to come to office and inspect the files and obtain the documents after payment.

FAA authority not given any reply, to the first appeals, therefore, second appeals were filed before the CIC, NewDelhi during months  February to December 2018, bringing the facts before the CIC

Therefore, before submitting my written statement before information commissioner, I want to be sure that my Appeals are as per provisions of RTI act.

Since staff in PIO office wasn't cooperative because of their misdeeds and trying to conceal the documents, and same also been brought in appeals/complaint.

Regards.

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