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Showing content with the highest reputation since 08/20/2019 in Posts

  1. 2 points
    Whether SPIO has informed you or FAA has informed you is not clear. Generally FAA should deliver orders to SPIO for providing of information, keeping the options to the appellant. But DOPT guidelines stated that even FAA can provide information in the interest of expeditious disposal. Let us appreciate sincerity of FAA and bring to the attention of FAA on not uploading that information in website. Do not be hurry in making second appeal as it takes time of minimum two years for getting opportunity of hearing and then information. Your endeavour should always be to get information in first two stages. Take a chance as you have time upto 90 days from receipt of FAA orders for going to second appeal. File addendum to First Appeal to same FAA as under. Addendum to first appeal dt....................... (Further to first appeal dt.....and information provided by FAA vide letter No................) Appellant appreciates the way in which FAA has responded to Appellant directly and submits that Appellant has searched for the information and there is no such information available in the given link https://tnsta.gov.in/act_rules.jsp. It may be a presumption and though this information must be uploaded as voluntary disclosure, this was not done, and no such information as requested by appellant is available . Appellant also submits that information should be provided in the form of information that is solicited, and appellant required the information in the form of certified copies and not for link. Appellant prays for providing such copy of circular/order/notification in the form of certified copy, as the same is not available in website. Appellant.
  2. 2 points
    Then Grounds for appeal should be for providing information that is incorrect and misleading and information not providing in the form it was requested.
  3. 2 points
    Is the document made available by the central/state public information officer is admissible as evidence in a court of law? It is very pertinent question. This question is sure to arise when the receipient of the document attempts to put in as evidence in a case pending in the civil or criminal court. The document made available by the Public Information Officer is the one which is already recorded in the official records and published or it may be one which is not recorded and published or the one which is yet to be recorded and published. What the public information officer does is, he just furnishes a copy of the record. Such record may be a true copy but it is not either authenticated or can be vouchsafed as true. The information available will be is something like news. The public information Officer is not a party to such information. He is not capable of speaking anything about the content of the document or about its veracity. The document furnished by the public Information Officer is no doubt a document issued from the proper custody and by the authority which by law is found to keep the inofrmation and disseminate it. That by itself doesnot make the document either authentic or its contents true. Moreover, the document issued has no purpose other than allowing the recipient to know of this content and nothing more. It is not the intention or the purpose of Public Information Officer to support the recipent when he uses it for any purpose either to prove or disprove any fact in which the recipient of the document is only concerned. The document and the information contained therein is neutral as if it is just a news. The public Information Officer is completely ignorant of the purpose for which the applicant has made his request for information nor the Public Information Officer is in any manner concerned with it. In the application for information the applicant is not required to state any reasons why he requires information. Therefore, it is not an application for a certified copy of any information recorded by any adjudicating authority in a dispute. As per the practices of the courts and tribunals the party applying for a certified copy should state weather it is required for purpose of appeal or for reference. No such condition is prescribed for the applicant for information to state the reason why he requires information. The copy furnished by the court can be used only for the purpose for which the copy of appplication is made. As per the practices prevalent with the Government when an application for certified copy is made, the authority or the officer recieving the application will specifically endorse on the copy he grants, that it shall not be used in court as evidence eventhough the information contained theirein is not only true and is also authentic. In such cases, the court recieving the certified copy, before admitting the document requires that the document should be proved to be of the original. It is particularly true so in the case of survey maps, where the court normally as a practice appoints the official surveyour as a court Commissioner and obtain the true sketch. Here, in the case of Public Information Officer wheather he makes an endorsement as is referred to above to the said effect that the documents supplied by him shall not be used in court, it is implied in the circumstances of this Act that the document made available to the applicant shall not be used as a proof in court proceedings. Further, the principal purpose of the Act itself is to make available to the citizens all infomration the Government is possessed off for his self-illumination to function as an enlightned and well informaed citizen and not to help him to score any point with his opponent in any dispute. Thus, when the citizen wants to use the document obtained by him from the Public Information Officer as a document in any civil or criminal proceedings, he should adopt the procedure prescribed for purpose of obtaining certified copies through court process and not by making an application for information under this Act. However this interpretation is yet to be formalized by way of decisions that may occur in future.
  4. 1 point
  5. 1 point
    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
  6. 1 point
    You are an expert, if you have not received proper response within 48 hours from CPIO, go for first appeal, and then to CIC under life or liberty clause. Make a written complaint to Central Ministry of Shipping and Home dept as grievance in their on line portal.
  7. 1 point
    Focus on main issue. Rectify the deficiencies if any and seek pin pointed information that is available on record in the form of a material. In case of pensions, it amounts to life or liberty clause and both PIO and FAA must dispose the applications within 48 hours. It may be true that PIO has provided incorrect, false or misleading information on receipt of your application and mails. Just by pointing out the mistakes and going for second appeal at this age is not correct step. Focus on your own issue, forget deviations if any by PIO and FAA as ICs do not care much for those violations as it is usual practice of PIOs to suppress from material facts to save their skin. Ignoring their deviations, if you wish to go for second appeal make it much simple and submit duly tabulated annexure in following format with your second appeal. _________________________________________________________________________________________________ Query No.............Information solicited......................Provided by PIO.............Reasons for not finding response satisfactory __1__________________2______________________________3______________________________4________________ 1 2 thereon. If you want specific clarification in this forum for more guidance on your pension issue, before going to appeal post the same in above format for proper guidance by members.
  8. 1 point
    You have to do as they advised, and without fail mention that this is the second complaint on same issue and that this complaint is once again being made as per instructions from Sri...................of APIC on.......................... Thank God. Is APIC functioning ??? (There is no such second complaint on non compliance, but what applicant can do is follow their irrational directions. When the PIO has not even responded to repeated APIC directions, APIC directing to file another complaint is never proper) Avoid quoting each time as it occupies lot of space with repeated contents not useful, and those members who require guidance on the same issue feels irritated. Just focus on issue and as far as possible avoid quotes.
  9. 1 point
  10. 1 point
    Unless and until the State Information Commissioners act strictly in conformity with the provisions of Section 20 of the Act, there is no use of either Second Appeal or Complaint. By simply mentioning in the orders of 2nd Appeal ' issue Show Cause Notice and the PIO is directed to furnish the information now within 10 days' does not service any purpose. Latest example - One PIO in my district did't furnish Information within stipulated time. Hence first Appeal was filed in which I got notice for hearing. I have informed that as per orders of the CIC in particular case, the FAA has no authority to call the appellant/applicant. In this case, fault lies with his with PIO whio failed to furnish the information and I had nothing to contest.. Second appeal was filed quoting all the above facts. Hearing Notices were issued. On receipt of hearing Notices, partial information from the PIO, copy of disposal of First Appeal in old date and copy of PIOs letter addressed to another Public Authority U/s 6(3) after one year has been received.. . This is the fate of implementation of RTI Act at every level. No justice can be expected from RTI Act as it is being killed slowly by poor execution of the provisions of the Act. In earlier days, there was some fear among the Executiving Authorities about strong Act. However orders of the Commissioner are awaited.
  11. 1 point
    Under RTI one can seek such information available on public record of as material like muster roll etc. First make a complaint to TSRTC that Supdt has performed duty for half day providing date and worked time and state that he has drawn full wage. Working hours in office, and duty officers of Drivers and conductors are entirely different aspects. In routine office, absence for few hours may not make any difference where as absence of driver or conductor makes lot of difference in public transport. In office those official adjustments and compromises are regular, as they may perform duties even without uniform. After making such a complaint, file RTI Application after one month and seek information on action taken against your complaint.
  12. 1 point
    This is the first query posted on 14-7-2019 "What actions can be taken by Information Commissioners on violation/abuse of Section 6(3) of the RTI Act-2005 by PIO ? or What if a PIO violate's/abuse Section 6(3) of the RTI Act-2005 This lead to various discussions and there are many posts confusing the main issue. As far as applicant is concerned, his focus must be on Information alone. The maximum inconvenience if any to the applicant by transfer is delay of 5 days or more delay and his right is not effected. There are number of CIC decisions that state that if the application is transferred with delay, the first PIO must take care and it is his duty to get the information and to provide it to applicant. The action on this by IC is confined maximum to warning or reprimand to PIO and that is it. Except delay, such transfers can not affect the rights of applicant in transfer under Sec. 6 (3). If it is abuse or deliberate/malafide transfer can be decided only on receiving information and on mutual correspondence between two PIOs and by IC only. The member that has opened the thread has not posted present status even after two months as even after transfer the second PIO must have by this time provided information or retransferred to PIO No.1 by this time.
  13. 1 point
    Instead of going for first Appeal which is of no use, as the immediate Superior Officer of that Department who is FAA will naturally give weight ot the version of the PIOs under his control,why a direct complaint against the PIO be filed U/s 18 to the State Information Commissioner for violation of provisions of Section 18 (c)&(f) of the Act..
  14. 1 point
    Income tax returns are personal in nature and as such exempted under RTI Act. Remember that mere suspicion can not establish larger public interest. The proper procedure is to make such investigative work, find out facts and make a complaint, and then seek information as whistle blower on such evasion of tax. Coming to tax raids it is certainly in larger public interest. Our expert Shri Sunil, Super moderator always advise members not to suspect or doubt outcome, and first seek information under RTI, and on such denial come back to forum for getting guidance on filing first appeal. There is no bar for seeking information under RI Act to citizens. The burden of proof that denial was justified on CPIO. Every one plays their role and final decision is always with IC, and one should continue the efforts without expecting result.
  15. 1 point


    Can a government servant file an RTI? Sent from my vivo 1818 using RTI INDIA mobile app
  16. 1 point
    Search in their website for such exemption, and this time file application to IG of Kolkata seeking certified copy of look out notice.
  17. 1 point
    In Revenue Department all Certificates issued are public documents and it can't be denied on any ground. The question of 3rd party opinion, using Section 11 for taking consent does not at all arise.
  18. 1 point
    You can seek such information from SPIO of Nagar Palika itself. Please provide me list of works taken up through MLA Lads and Nagar Sevak funds in the Corporation ward wise for 2018-2019. (Including that amount carried forward from earlier financial years and for work completed in 2018-2019) ____________________________________________________________________________________________ Description of work........Ward No......Budgeted amount....Amount spent.....Present stage of utilization...Source of funds MLA/NS. ______1__________________2___________3_____________4________________5______________________5___________ Also search website by typing MLA Name and funds allotted and utilized through help of Google.
  19. 1 point
    Except making a complaint to BMC and then waiting for their response and then filing PIL before High court, a common man can not do any thing, though it is life risk to citizens
  20. 1 point
    Record the same in writing and complain to BMC and make a copy to Fire dept., File RTI seeking information seeking copy of the rules and regulations that shows the authority that can act on such deviations and such action to be taken for violations to both BMC and Fire dept.,
  21. 1 point
    Unfortunately these things happen, if the concerned Appellate authority is not sincere. Even in CIC, I am aware of such misleading decisions. QUERY:1.Please inform payments made by Mr.X to your authority towards Mr.Y. (The fact is Mr. X has never paid any such amount to that authority, but obtained an expartee decree stating that he has paid consideration to that Authority) CPIO REPLY:2.Mr.X has paid amounts on behalf of Y. The authority is aware that Mr.X never paid such amount. But it collected the copy of expartee suit plaint from Mr.X legal heirs, called it as their public record and confirmed that Mr.X has paid such amount to them on behalf of Y. The truth is that Y is in no way related to public authority and there were no transactions in between Mr.Y and public authority at any time. 3.During inspection of documents, it was observed that there are court copy dates and received dates of District Court with date 2 May,2008 in the documents provided by Public authority filed before CIC. 4.During CIC hearing it was specifically pointed to IC that CPIO was providing information by collecting such document from unknown source and that the expartee decreed plaint with delivery date 02-05-2008 can not evidence a factof transaction on 23-10-1964 and that plaint can never become a public record. and copy of such CIC decisions on collection, collation of document, definition of Public record under Indian Evidence Act and SC Judgment was shown to IC. It was filed through affidavit that "Y" has no financial relations with that public authority. 5.Learned IC has disposed the case stating that CPIO has provided information what ever is available to him, and if appellant is not satisfied, she should go to Court and get a remedy !!!!!!! ICs and FAAs can not review their own decisions, and very few can go to HC for remedy.
  22. 1 point
    Reduce entire process in writing to SPIO and make it a copy to FAA & SIC. As per instructions from Shri.................,....................Designation, the appellant met SPIO on...................at his office, and as directed by SPIO, a sum of Rs......................was remitted through challan for seeking certified copies on.......................... Please arrange to send certified copies as expeditiously as possible in compliance of SIC decision .No................dt......................... Appellant Copy to FAA: with a request to direct PIO. Copy to Shri................................with reference to his advice on...........................informing process to be followed for non compliance complaint dt..............................................against SPIO, as per SIC decision No........................
  23. 1 point
    1.Ask her to file this as Grievance in on line portal on pension issues and always have written rejections, and finally she can go for a writ to High court. 2.Where a citizen pays for certain services as fee for availing any service, and if there is a time frame for giving that certificate and if it is not given, it amounts to deficiency of services and the citizen becomes a consumer. Ask her to issue a simple notice to concerned revenue authority, demanding for certificate, costs and compensation for harassment. The notice can be simple. To ........................ NOTICE UNDER CP ACT. 1.I have on...............applied for a legal heir certificate of my father.................. 2.I have paid prescribed fees of Rs......and complied with all documentary formalities for requiring certificate. 3.As per time frame fixed under citizen charter, the certificate has to be given within......days from date of receiving application. 4.As the certificate is not given within time frame, I have contacted Shri.................many a times, but there is no progress. (Dates of contact_ Hence this notice under CP Act informing that I have to proceed legally by filing a complaint before District Consumer Forum seeking certificate, costs and compensation for harassment if the certificate is not provided within a week from receipt of this notice.
  24. 1 point
    Wow. Ten years. It's been an incredible ride for all of us at RTI INDIA. A decade is a long time. Few things in our lives or in the world last that long—the average tech startup doesn't quite make two years. I'm honored and humbled that you've stuck with us all that time, and I promise that in the decade ahead, RTI INDIA will deliver more and better work in the areas of Right to Information. We believe in making data that others hide, transparent and accessible. We believe in delivering remarkable education and easy softwares that everyone can use and feel proud about. (See our Android & iOS mobile application) We believe that all of this can be done not just without evil, but with real generosity of spirit and action. Though we took off slowly, but exactly on this day 22nd September 2006 we brought the domain and started our journey. I would like to put a word of acknowledgement for all the team members, active members, and visitors who have been partners and also made us work from the past 10 years. Thank you for the ten remarkable years of warmth, friendship, and support. We absolutely couldn't have done it without you, nor can we take the next steps without your help. I hope you'll keep holding us to high standards, and telling us when we've met your expectations and when we've let you down. With Regards,
  25. 1 point
    The photocopy of the documents solicited was mentioned in ACPIO response in Point No.2 "Powers of Banking Ombudsman to ignore transparency....during passing a decision complaint against a "patent mistake by SBI".....in documents issued by SBI" When information in the form of certified copies were solicited asking applicant to find the same in website giving link is also not proper. (If those certified copies serve a purpose, appellant can go for appeal-if those certified copies are not useful simply making an appeal against this violation is wastage of time and money.
  26. 1 point
    You requested for "certified copies of rules which confers power upon an ombudsman to ignore transparency and fair play" Can you inform this forum as to which specific "photocopy of a document" you were requesting?
  27. 1 point
    Go through DOPT directives, and as per DOPT directives a PIO can only provide that record which is available in his custody in material form and he is not expected to collect and collate information because a citizen has asked. There may be some decisions by great stalwarts like Hon.IC Sridhar Acharya, who goes beyond RTI Act and orders for such providing of information. If she wants a record of her own, the simple way is issuing a legal notice to school and then making a complaint to DEO in writing and then following the advice of advocate. You can also try by filing application to the Board / DEO seeking information seeking for such orders/notifications/circulars/directives that state about the procedure to be followed on relieving a regular employee in private schools, which will be helpful for further footing.
  28. 1 point
    The only remedy is making a written complaint to BMC with such photographs and original sanctioned plans and specifically pointing out deviations, use of property for commercial purpose etc. Then for waiting for two months and filing writ mandamus before HC.
  29. 1 point
    It is against RTI Act. But RBI, High Courts always ignore stipulations in RTI Act. As an applicant, just focus on information given, and you may raise the issue in First Appeal and second appeal. (They encash the stipulations that every officer assisting a CPIO is deemed CPIO). The difficulty with most applicants is that they divert the attention from information and find procedural lapses of public authority. It appears to IC as complaining against PIO, and always focus on information alone, and ignore their violations and make a mention in appeal as matter of fact. (Because ACPIO has provided information, it is not that it is invalid and still appellable, public authority can not go back before CIC and state that ACPIO has replied it is not binding on public authority.
  30. 1 point
    Go for first appeal that in larger public interest those public records connected to welfare measures must be given to prevent abuse of the welfare measures going to undeserving applicants. Certainly you will get a favourable decision finally.
  31. 1 point
    As I understand 1)Your dad has retired from service . 2.Before three days to retire one person asked about funds 3.The applicant has not received information. 4.Should your father reply RTI Application. When your father has retired from services, and entrusted his responsibilities to incoming designated official, your father is no more responsible, as the other designated official that has taken your father's place must reply within 27 days.
  32. 1 point
    Dear Senthil, The answer to your question is yes as well as no. YES: Information officer are apponited by Public Authority for dissemenation of Officer. RTI empowers a public authority for appointing more than one CPIOs. If a public authority has more than one CPIO then information asked from any one of the CPIO though not falling under his specific jurisdiction but under the same public authority has to be provided by collecting from the other CPIOs of the same public authority. NO: In case information is asked from a CPIO of a public authority about another public authority then public authority can transfer the application to anotoher public authority and inform the applicant. Section 6 subsection 3 provides for the same: (3) Where an application is made to a public authority requesting for an information,— (i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:
  33. 0 points
    Make a google search as follows: Whether Bureau of Immigration iis exempted under RTI Act You can find more information. (I have made a search and feel that it may be useful for you)
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