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MusicalSoul

Harassment by the Divisional Commissioner & District Collector.

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MusicalSoul

Hello friends!

 

I had filed an application under the R.T.I. Act with the S.P.I.O. (A.D.C.) of my area's Divisional Commissioner's office and another with the S.P.I.O. (Additional Collector) of my District's Collectorate. Both R.T.I. applications were filed to get copies of monthly reports which are sent by the Divisional Commissioner and Collector, separately, to the state government regarding their inspection of various offices under them for verifying the implementation of government policies and orders. Both the S.P.I.O.s did not provide the information. After 30 days, I filed my First Appeals with the F.A.A.s- Divisional Commissioner and Collector, respectively. As soon as the Divisional Commissioner received my First Appeal, he sent his clerk to locate me and to ask me the "motive" for demanding reports even though asking such a thing is against the provisions of the R.T.I. Act. I told the clerk that I just need the reports- That's it. Some days later, I received the notice of hearing from the D.C. but due to some unavoidable circumstances, it was not possible for me to attend the hearing on that day so I sent my representative with an authority letter for the hearing. Upon reaching there, the same clerk misbehaved with him by trying to talk to him very rudely. He asked about me and said that nobody can represent me, the D.C. will mark me absent and my representative will have to go "empty handed". After speaking with the D.C., the clerk came back and asked my representative to go inside the D.C.'s office. When my representative went inside, he was very rudely asked by the clerk, as per the wish of the D.C., to remain standing in front of the D.C. My representative opposed but the D.C. said that this is how D.C. Court functions. For 5 minutes, my representative was made to stand. Further, the S.P.I.O.- A.D.C. was not present. When my representative asked about the A.D.C., the D.C. told him that it is he who decides whom to call and whom not to. The D.C. ignored every fact of the matter and asked my representative verbally to ask me to pay money if I need any information. Now, I have received a notice from the Collector for his hearing. The letterhead says- "Court of the Collector & District Magistrate". This time I myself will be going for the hearing but I fear the same harassment as was done to my representative by the D.C. What has the D.C. Court/ D.M. Court have to do with the R.T.I. First Appeal? If this treatment was wrong by the D.C., what can be done? Please guide.

 

Thanks & regards.

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sharmajee

Please donot react emotionally. Stick to your points raised in your application, without loosing your cool or purpose. Let them decide your first appeal and give decision. If you are not satisfied with decision, take next step of filling II appeal or complaint.

 

This is a common practice adopted by many govt servants to ridicule a common man, we must not get disturbed else our holy purpose shall be lost!! Persist please.....

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MusicalSoul

@sharmajee: You are right. We must focus on our goal but shouldn't we humbly deny following their insulting 'dictat'. Under which rule or provision of the R.T.I. Act, an appellant is supposed to stand in front of the F.A.A.?

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sharadphadke

First send a written letter to FA that you will not be attending FA in person and kindly pass the speaking order based on my appeal.

 

Put one more application on following subject:

 

Sub: Strict implementation of Sections 8(1) (a), (g) read with Sections 21, 22 of the RTI act, 2005 by the public authorities i.e. in your office.

 

Ask what provisions are made under the RTI Act so that the name of the whistle blower is not leaked.

 

Provide me the name and address of Public Grivance Officer where I can lodge a complaints for the threats under above sections in basic principal.

 

When this application reaches the office send a plain letter to FA [not RTI] informing him that during my first appeal, the appeal was not conducted in "Quasi judicial" manner as it should have been and then my representative and me in person were threatened for dare consiquences by clerk of collector give name and then by you to my rep. Narrate the issue in short.

 

Keeping the safty issue, I am lodging a Police complaint for the threat to my life today.

 

Lodge a police complaint. Insisit to give at least NC FIR. First find names of all persons from office staff.

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Sunil Ahya

1. Please go about technically and take forward your RTI application to its logical conclusion.

 

Kindly refer to the following link to learn more about the flow of a RTI application, once having filed:

 

http://www.rtiindia.org/forum/blogs/abhi987/741-flow-rti-application.html

 

 

2. It is not mandatory for a RTI applicant / appellant to attend an appeal hearing, and in such a case, an appeal can be decided by an Appellate Authority on the basis of the written submissions made in the appeal.

 

In case an appellant does not wish to attend an appeal hearing, he should explicitly inform the concerned Appellate Authority in writing, as follows:

 

Dear Sir,

 

Thanks for granting me a hearing opportunity.

 

I would hereby like to inform you that 'I do not wish / I would not be able' to attend the said appeal hearing, and as such, I kindly request you to decide the appeal on the basis of the written submissions made in the said appeal.

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dr.s.malhotra

I would go by Sharmajee post #2 .

When you are seeking Information of this nature , it can be assumed that you intend to INVESTIGATE . When you are at this level , you can not / should not avoid eye-to-eye contact with Authority . Be polite. respectful , but firm on your right grounds. Avoid being authoritative .

Avoiding personal appearances often gives a negative impression, and your pleadings / Application are unlikely to be taken seriously .

Do not indulge in argument with clerical staff - reserve it for Appellate Authorities .

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MusicalSoul

I never shy away from attending First Appeal hearings but I want to know how would you deal with a situation when you are asked by the F.A.A. to remain standing in front of him to present your case?

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ambrish.p

Please refer: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/4_9_2008_IR_Eng.pdf

 

AND you can write a letter to FAA (throwing all responsibilities on his shoulder)that you had bad experience in his office on xyz date and since you are bonafide applicant and wish to obtain info so for that sake you are willing to attend the hearing hence it is requested that xyz facilities should be made available/ provided to the applicant.

 

xyz:

proper seating facility.

proper assistance.

Clean drinking water.

 

regards

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dr.s.malhotra

The Collectors and DCs are holding Courts for hearing of various matters where the parties have to stand before the Court at hearing . Sometimes the First Appeals under RTI are also listed in same general list by the clerk either as a matter of routine being followed there or for reasons which are arbitrary . In first case there is not much RTI Appellant can do since no such guidelines are available whether the FAs are to be heard with Appellant standing or sitting . It all depends on how the FAA visualizes his role in the processes in RTI Act . If he thinks RTI Users are to be encouraged , he will make you comfortable , otherwise he will not .

 

But personally I would refuse to either make an issue of it or even be discouraged by such ancillary matters.

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