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nk agarwal

Prayer for Relief in 2nd Appeal

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nk agarwal

Should penalty under Section 19(8) and 20(2) be asked in  2nd Appeal in para :

(1) Prayer for Relief

or

(2) Grounds for Prayer for Relief

thnks

 

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Prasad GLN

It should be sought under PRAYERS.

THE GROUNDS FOR APPEAL SHOULD ALWAYS BE VIOLATIONS BY PIO IN NOT PROVIDING INFORMATION OR PROVIDING INCORRECT AND MISLEADING INFORMATION OR DENYING INFORMATION WITHOUT JUSTIFICATION.

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nk agarwal

Thankyou

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nk agarwal

A little complex situation here :

(1) PIO violated and abused section 6(3) - delayed the process of seeking info

(2) Application got transferred by successive officers again in violation and abuse of section 6(3) (none of these officers were having any authority and power to transfer the application, also none gave name of the signatory in endorsement) - Transfer within the same PA.

(3) After 52 days one SDO of the PA sent evasive, misleading, incorrect info without giving name of the signatory

(4) the FAA did not direct the PIO to provide categorical info and gave no directions to PIO to protect the provisions of RTI Act-2005.

(5) Post decision of FAA, a request sent to him to give directions to PIO and FAA to protect provisions of RTI ACt-2005 fell on deaf ears and a Suptd. Engg. replied the letter addressed to FAA  - he has no authority and powers to do so.

 

 

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Prasad GLN

I remember that you have posted a separate on query 6 (3) and a detailed reply was provided to you in that post.  At the cost of earlier repetitions, just state grounds of appeal as providing, evasive, misleading and incorrect information PIO No.............( Designation and name)

2.In brief facts you can narrate as to when PIO No.1 received the application, when it was transferred, whether transfer was justified, and narrate incidents chronologically pointing out violations at each step.

In Prayer, you can pray for specific directions to PIO No.1 and PIO No.2 to adhere to time frame of 30 days fixed in RTI Act pointing out such violation. and inform the total number of days taken for getting the reply finally.

You must be in a position to establish the deliberate and malafide motive of PIOs in transferring the application and in providing evasive, misleading and incorrect information and seek specific relief of penalty and recommendation to superior authority so as to avoid repetition  of such steps by PIOs.

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nk agarwal

There is only one PIO to whom the application was addressed and sent. The successive officers to whom the application was transferred (violation and abuse of section 6(3) cannot be termed as PIO or deemed PIO or APIO or PIO NO.2.

The SDO cannot be termed a PIO?

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Prasad GLN

A PIO can only endorse application within his dept., and each such officer who is entrusted with such responsibility is a deemed PIO.  If there is a PIO, the complaint/Appeal should be only against that PIO alone, and it is internal matter to decide within themselves as to who is responsible for violation/deviation.

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nk agarwal

Yes, The PIO can seek assistance of any officer of the PA; he is free to endorse application to anyone within his deptt. But, who is responsible for providing the info under his name and signature?

 

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