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vashisthvivek

whether the Pio can refer back an application for obtaining information on the pretext that it has not been applied on prescribed form

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vashisthvivek

Dear Ganpat,

I want to know as to whether the PIO can refer back an application for obtaining information on the pretext that it has not been applied on prescribed form, although, it contains all the necessary details. I asked the PIO of Excise and Taxation Department, HP Govt. to intimate as to how many online sale tax returns have been filed till date.(Yearwise detail may kindly be provided). There was one column in the formate under which the period of the information was to be specified. I wrote in this column "2000-2007". However, instead or providing information, I was asked to submit seven applications (one for each year) alongwith the application fee with each application. Whether the action of the PIO is correct????

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ganpat1956
Dear Ganpat,

I want to know as to whether the PIO can refer back an application for obtaining information on the pretext that it has not been applied on prescribed form, although, it contains all the necessary details. I asked the PIO of Excise and Taxation Department, HP Govt. to intimate as to how many online sale tax returns have been filed till date.(Yearwise detail may kindly be provided). There was one column in the formate under which the period of the information was to be specified. I wrote in this column "2000-2007". However, instead or providing information, I was asked to submit seven applications (one for each year) alongwith the application fee with each application. Whether the action of the PIO is correct????

 

In terms of Rule No. 3 of the HP state, "Any person seeking information under the Act shall make an application in Form ‘A’ to the Public Information Officer/Assistant Public Information Officer accompanied by fee prescribed in rule 5". Please let us know if you had applied on this prescribed format.

 

The action of the PIO in asking you to submit seven different applications is not correct. It amounts to a deemed refusal of information. Please make an appeal to the first appellate authority as per the procedure set out in Rule No. 6 of the HP state.

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vashisthvivek

I had made application as per the prescribed form 'A' accompanies by prescribed application fee i.e. Rs. 10/-. I had also filed first appeal with the Appellate Authority, but the appellate authority intimated me in clear terms during the hearing that he is going to reject the appeal. Although, I have not received written orders rejecting the appeal from the first appellate authority yet, but it is likely to come within a week. In these circumstances, kindly do suggest me the next course of action. Whether I made mistake in making an application?

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karira

Can you share with the members as to on what grounds did the AA reject your First Appeal ?

That will help members to guide you.

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vashisthvivek

The AA has not yet provided me a copy of the order yet. However, I am reproducing herewith the text of the letter of the PIO

"You are requested to apply as per provision of Rule 3(2) Right to Information Rules, 2006 (Central Act No 22 of 2005) as the Performa prescribed for the purpose, so that information be supplied to you."

However, the AA announced after the hearing that the appeal is rejected. I have requested him to provide me the copy of the order.

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vashisthvivek

I have received the copy of the orders. The AA has rejected the appeal on the ground that a separate application is required to be made in respect of each year for which the information relates. Therefore, I need to submit 7 applications alogwith application fee with every application for obtaining the infomation. I think it is against the spirit of the provisions of the Act.

Kindly do advise me as to what should be my next step??

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vashisthvivek

Kindly do advise me about my next step please

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karira

vashisthvivek,

 

This is totally wrong reasoning by the FAA.

Please write to the AA, with a CC to the PIO and ask him under which Section of the RTI Act is he asking you to limit yourself to asking information for only one year per application ?

For good measure, file another RTI application with the same PIO attaching a copy of your new letter to AA (as suggested above) and asking for information on day to day progress, the names and designation of officers deciding the matter, how long they have taken to decide, etc...

Alternatively, you have the right to go in for Second Appeal.

There are several instances in the case of CIC wherein information for several years have been provided under one application.

In my personal case, I asked the Commercial Taxes Department in AP to give me information for 25 Divisions for 2005-06 and 2006-07 regarding refunds of excess input tax credit given to registered dealers. It was provided by all divisions without any problem.

Seems that PIO and AA are are trying to hide something and intentionally trying to harass you in giving 7 applications.

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karira

vashisthvivek,

 

I am sorry for making the above post before reading your new thread on Rules for RTI in HP.

In view of what is mentioned in the other thread, please ignore the above post.

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vashisthvivek

Karia Sir,

Thanks for the reply. Kindly put your expert comments on the other thread, before, I proceed further.

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