Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
  • 0
Mukesh

My First Appeal

Question

Mukesh

A reply from Sr Supdt of Post Offices has contradicted his earlier information under RTI Act and so have prefered First Appeal with Appellate Authority Director of Postal Services awaiting outcome

would like to seek clarifications on this

Mukesh

Share this post


Link to post
Share on other sites

15 answers to this question

Recommended Posts

  • 0
ganpat1956

Hello Mukesh, please post the details of your case and the clarifications that you need on it under the thread "Ask for RTI Query". Our experienced members will be happy to provide you the necessary guidance.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
Shrawan

Moved to RTI General Discussion. As Ganpat said what was the question about; if you share will benefit us all.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
Mukesh

My first RTI question was to Sr Supdt P O about details of Post Offices Shifted/Closed after 1995 in Goregaon

The reply was Nil

I had Ministers letter stating 2 Post offices had ben Closed/Shifted

so along with my First appeal I attached the copy of Letter

A continuation letter folowed giving me details of 3 Post Offices Shfted/Closed last one being in 2006

The reason for false answers was that old records were not available

Now this was done purposely as this closing and hand over of Premises involved corruption

I wrote a rejoinder to First Appeal with a prayer to recommend the case to CIC

its over 1 month 3/1/2008 no reply from Appellate Authority.

Mukesh

Share this post


Link to post
Share on other sites
  • 0
Shrawan

Closing down of Post Offices is the policy decision at the top level approved and executed at the Circle level (State HeadQuaters) and not by Divisional head (Senior Superintendent of Post Offices)

 

I am not sure why would you pray for rejoinder for First Appeal, when there is no provision like this. If you are not satisfied with the reply of CPIO and decision of AA, you can file Second Appeal with CIC directly. But as I can see you had already got the reply, and if in case you are not satisfied by the reply, there seems no point in pursuing for Information under RTI Act with AA.

 

In any case, the AA has already decided your appeal, which is final and he cannot reconsider his decision. The AA does not have power of review of his own decision.

 

http://www.rtiindia.org/forum/79-can-i-ii-appellant-authority-have-power-review-their-own-order.html

 

 

Let me know if there is something other than what I understood?

 

Regards,

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
Abhinav Bohare

I am also unable to understand , in fact would like to know that was it for public utility or services or for something else you are pursuing the case further after getting the almost reply

 

Or you want to file some thing against the Postal Dept

 

In both the cases you query is resolved

 

Now what For ?

 

Pl let us know in more details so that understanding your positive intentions we can assist

Share this post


Link to post
Share on other sites
  • 0
Mukesh

Yes you are right having the correct information even after getting the wrong one earlier my work is done as far as R T I Act is applicable.

The point is if I did not had the letter of Minister and kept quite believing the words of PIO it would be misleading information under the Act.

So can a PIO change his given information by giving totally contradicting Information after knowing that First Appeal has been filled?

I am not interested in penalty, so would not go for appeal with CIC.

Any way b'cause of RTI i got correct information and this will help me to fight out a legal battle for vacating my premises, as instead of shifting PO from my premises they have vacated another Premises which has been bought for redevelopment by a builder in 2006.

see if we can debate on this issue of misleading and false information given with full knowledge and vested interest by a govt officer.

Thanks

Share this post


Link to post
Share on other sites
  • 0
taurus

The fact remains that a PIO can give wrong or misleading info and get away with it as long as it is not challenged and proved wrong etc. In your case you could do so because you had solid evidence to prove the PIO wrong. Now that chapter is over. IF you want to take that to the logical conclusion you can go on appeal to CIC and ultimately penalty may be levied on the PIO for knowingly furnishing incorrect information, provided you can prove that he did it 'knowingly'. But as already stated by you the PIO says that the records have been weeded out. That is a valid reason.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
Mukesh

I got the copy of letter which directed the Sr Supdt of PO written by Asstt DPS stating that as per direction of Competent Authority

I therefore asked again under RTI as to who is the Competent Authority is and in the reply Sr Supt PO states that he has forwarded this to Asstt DPS to reply

Can a PIO do this ? Aren't they having the knoweldge as to who the Boss is?

Or is this like the Suspense thriller?

my application was dt.28/12/07 relpied on 16/1/08 and I have not yet heard from Asstt DPS(Bldg) as yet as to who the Competent Authority is?

Do i file a First Appeal? if so against Sr Supdt po or asstt DPS A A in this case Is DPS

Share this post


Link to post
Share on other sites
  • 0
Shrawan

The building matter of the circle/Region is handled by AD (Building) and SSPo had done the right thing as far as asking the information from AD (building). However, the onus of replying to you solely rests on SSPO and not on AD (building). In case there delay in reply, you need to file the complaint with the CIC directly and not the 1st Appeal as per the RTI Act.

 

However, while fixing the responsibility, AD (building) would be equally liable for the delay in response, if of course AD(Building) is able to justify the delay.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
Mukesh

THANKS KUSHAL,

I would have made first Appeal if not for your guidance.

One more query since I had made 3 applications all inter related can I take more than one issue in my Complaint to CIC or do I need to make seperate Complaints

Do I have to pay any fees for this Complaint being with CIC related to Central Govt as there is no fees for First Appeal

Regards

Mukesh

Share this post


Link to post
Share on other sites
  • 0
Abhinav Bohare

Dear Mukesh

 

The best suggestion and most virtual help can only be done by ME

 

and that suggestion is

 

DO WHAT Mr. KUSHAL IS TELLING YOU

 

HE AS AN EXPERT AS FAR AS THIS SUBJECT LINE IS CONCERNED

 

FOR REST WE are THERE in LINE alongwith HIM though

 

Good Luck

Share this post


Link to post
Share on other sites
  • 0
karira
THANKS KUSHAL,

I would have made first Appeal if not for your guidance.

One more query since I had made 3 applications all inter related can I take more than one issue in my Complaint to CIC or do I need to make seperate Complaints

Do I have to pay any fees for this Complaint being with CIC related to Central Govt as there is no fees for First Appeal

Regards

Mukesh

 

Each application.....each First Appeal.....each Second Appeal.....

(one for one) Please do not bunch more than one application in the first/second appeal.

Although you can ask for all the appeals to be heard together for convenience of all concerned.

Share this post


Link to post
Share on other sites
  • 0
Mukesh

THANKS AGAIN

KUSHAL and ABHINAV

I will make seperate complaint with a request that it be heard together

RTI ACT has indeed make each of us Shehensah of Lok Sahi as Shailesh Gandhi always says. Earlier this Officers were acting like KINGS with me.

None of my letters were even acknowledged by them.

Regards

Mukesh

Share this post


Link to post
Share on other sites
  • 0
taurus

This sort of confusion about 'competent authority' has come because of the ignorance of Public Authorities about how to furnish info under RTI Act. In the normal course most letters from Govt say - ' I am directed to say..' or '...hereby conveyed' or 'the competent authority has decided that....' so on and so forth. The person signing that many times does not know who that 'authority' is. It may sound incredible. But ours is an incredible India, in deed! When a PA furnishes info under RTI Act it should not use such language and get bogged down with issues such as you have rightly raised.

Share this post


Link to post
Share on other sites
  • 0
Mukesh

THANKS

TAURUS

i need to know who the Competent Authority is because the direction to shift and surrender the premises has been issued on the file carrying correspondence of another premises. Moreover the Sr Supdt PO had remarked that the current market rent could be Rs 40,000/- while they are paying Rs2700/- and shifting was not possible. Further Dept is also floating tender to find alternate accommodation in same locality. Once I get the records it will be good ground to challenge the decision.

Gradually I am learning the importance of R T I Act hope the system will soon improve.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • Shrawan
      By Shrawan
      Section 19: Appeal
      (1) Any person who, does not receive a decision within the time specified in sub- section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:
      Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
      (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
      (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:
      Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
      (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
      (5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.
      (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.
      (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
      (8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—
      (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—
      (i) by providing access to information, if so requested, in a particular form;
      (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
      (iii) by publishing certain information or categories of information;
      (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
      (v) by enhancing the provision of training on the right to information for its officials;
      (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
      (b) require the public authority to compensate the complainant for any loss or other detriment suffered;
      © impose any of the penalties provided under this Act;
      (d) reject the application.
      (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
      (10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
    • Shrawan
      By Shrawan
      The representative of the union applied for the information in my office asking me as to why the incentive bill of the office was not passed under the signature of the Divisional Secretary.
       
      As has been decided previously by CIC and under the Act, only citizen has the right to information. Hence I rejected the application under this ground.
       
      The Divisional Secretary applied for First Appeal with Appellate Authority
       
      Meanwhile he filed yet another application asking me to give the copy of the decision under which I refused to give information to Union Secretary. This time again he wrote as Divisional Secretary in the Official union letter pad but this time he wrote his name too.
       
      There are three things:

      Under 1st application, the information was asked for was opinion as to why I did not pass the incentive bill which is out of purview of Right to Information Act.
      once he had preferred appeal over the matter, another application do not stand and is a waste of public resource.
      As has asked for information again as Union representative, another application also do not stand as valid. I had replied to the applicant:

      Asking for information as Union Secretary is not valid under the Act.
      Already the appeal to the same matter is pending the Appellate authority.
      Lastly as the information been asked is not held at this office, however as informed citizenry, it is informed that the information can be downloaded from the CIC website, and that the Section 3 of the Act states that Subject to the provisions of this Act, all citizens shall have the right to information.

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy