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Showing content with the highest reputation since 10/16/2019 in all areas

  1. 1 point
    Immediately go for first appeal. First Appeal dt 16th Nov, 2019 under RTI Act Before: First Appellate Authority, Executive Engineer,...... Against: SPIO, Estate Officer,.................... Appellant: Brief Facts: Appellant has sought information on....................and SPIO has not provided the precise and pin pointed information and evaded providing information vide his letter dt........................ Grounds for Appeal: Point No1: When asked for the Vacant position of the quarters, SPIO has stated that they were constructed with funds of commission. Point No.2: For the query 'If allotment closed, such date of final closure of allotment. and certified copy of that memo/notice/report on finalizing the list., SPIO has invented such exemption that was never stated in RTI Act and denied information with remarks " RTI act, information cannot be given on a file which is not closed and allocation stil in progress". PIO has not provided such Section and sub section of Sec.8 with justification for denial of information. There was never such exemption in RTI Act, and SPIO has deliberately misleading applicants with false exemptions that were never stated in RTI Act. POINT No3: When sought for list of selected beneficiaries, SPIO has further invented that the information is voluminous which is false and absurd. There was never such an exemption under RTI Act that information can be denied if the information is voluminous. With ulterior motives, he has quoted an unrelated judgment. SPIO can deny information by stating such number of Section and sub section of Sec.8 and should justify his reasons for application of that exemption. Finally without application of mind, without basic knowledge and fundamentals of RTI, SPIO has deliberately and with malafide intentions purposefully evaded providing information. Knowing that there were never such exemptions in RTI Act, deliberately SPIO avoided mentioning such section and sub section of 8 in RTI for exemption, leave alone such justification for applying exemption. PRAYER: Appellant prays for directions to SPIO for providing precise information for the pinpointed query as expeditiously as possible free of cost. In the interest of the Government, please depute SPIO for training on fundamentals and provide him RTI Act in that language he is familiar with and atleast one section Sec.8.may be explained to him for the present. Appellant.
  2. 1 point
    They have uploaded Policy document in websites, just search in google with key words National Litigation Policy and down load the act. It is applicable for all public sector undertakings, but in practice many PSUs are not even aware of those Act and such objectives. In practice, no one cares for those objectives. The simple process is file application to that PSB from which you want information. Information solicited: 1)Please provide certified copy of the circular/directive informing implementation of National Litigation Policy in the Bank.
  3. 1 point
    Make an addendum of first appeal to DCE and to PWD stating that 1)As per Sec. 6 (3) RTI application has to be transferred within 5 days to the other authority, 2)That it is the duty of PIO to send such calculation and demand stating the amount of fees to be sent and the procedure for sending such copying fees. 3)That PIO is not legally correct in demanding the fees after 30 days and as there is delay in transfering the application by first PIO, the first PIO is supposed to reimburse the amount. We in the forum believe that though the Act stipulates no payment of such fees, as we are paying actual costs to our own government, we should not penalize Government for deficiency of the officers and hence if they prescribe and intimate certain amount and no of fees, it is better to pay the fees and get the information, as information is priority for a citizen.
  4. 1 point
    Information solicited: 1)Please provide me the list of all officials , department wise that attended on Grievance day for receiving the petitions in District Collector's office since 1-4-2019 2.Please inform whether subordinates like clerks were receiving petitions and hearing the grievances on Grievance day. 3.Please provide the total list of grievances received dept., wise, Grievances resolved and pending grievances as on 30-09-2019 and those pending for more than 3 months. 4.Please provide copy of laid down norms for redressal of grievances pending more than 3 months. 5.Please provide list of officials against whom action was taken for making grievance redressal as mockery or not responding to grievances as per laid down norms. ____________________________ Who receives the grievance and in what way the petitions were received is not material as every petition received must be digitalized in real time, and a receipt has to be provided with such Grievance No.....................Those who are making this system as mockery should be exposed.
  5. 1 point
    Down load the prints and make a complaint to Port Trust Authority and also file a grievance in on line pgrms portal of Ministry of Shipping. Wait for a month and seek information on action taken on your complaint.
  6. 1 point
    First Appeal Dt............under RTI Act Before: First Appellate Authority, ITI , PUSA Against: Public Information Officer, ITI, PUSA Appellant: Grounds for Appeal: 1)As per Sec.7 (1), CPIO has to either provide the information or reject the request for any of the reasons specified in Sec. 8 (1) of RTI Act. CPIO has neither provided the information nor denied the information and as per CIC decision "No such information is traceable" is not a valid reason to reject request. 2) As per Sec. 7 (9) information has to be provided in the form in which it is sought and PIO can not dictate a form suitable. The PIO rejection to inspect a record, that he himself could not trace is treated as deliberate and malafide denial Hence this first Appeal, as List of successful candidates must be a Permanent record of the ITI. PRAYER: Appellant prays for directions to CPIO to trace that permanent record and for providing of the successful list of candidates for the Surveyors in course in 1953 & 1954. Appellant. Regarding the second query, PIO's denial is justified as it is practically impossible to verify records for 70 years to find out as to whether a candidate is successful or not, though the reason stated by PIO is also justified as educational QUALIFICATION is justified, but PIO ought to have sought comments of THIRD PARTY as per Sec.11 stipulations.
  7. 1 point
    Please search the website of public authority or relevant IC if they have prescribed a format , other wise use simple format as follows: First Appeal dt....................under RTI Act Before: First Appellate Authority,........................ Public Information Officer:................................... Appellant:.......................................................... Brief facts: Appellant has solicited information on....................and the copy of RTI Application was pasted on back of this appeal as Page No.2. PIO has responded vide his letter Reference No.......................................... The appellant is not satisfied with the information . Grounds for Appeal: Prayer: Appellant prays for directions to PIO for providing correct, complete and relevant information as expeditiously as possible as per laid down stipulations in RTI Act. Appellant.
  8. 1 point
    The concerned information is related between employer and employee which is not having any larger public interest, and in general, PIO's deny such information. According to the earlier findings this is not concerned with public interest and is not information.
  9. 1 point
    Being a regular member, you are aware as to the opinion of several experts that appellants should evince keen interest to bring a logical end to an issue and attendance to personal hearing is most essential to get a favourable decision. Either you can approach the HC or write a grievance to IC clarifying your stand for reopening the case. as no decision was delivered after personal hearing.
  10. 1 point
    I filed online rti petition on 17th September & same day received by PIO as per RTi portal. Thereafter the pio responded on 32th day (i.e. 18th October) of receiving of Rti application, intimated for deposition of charges for information. vide filing 1st appeal , Can I claim for access free information due to violation of RTi section 7(1) ? e.g. "Notwithstanding anything contained in sub‑section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits (e.g. 30 days) specified in sub‑section (1) "
  11. 1 point
    Please go through Sec.19 wherein 30 days time frame for PIO to respond from date of receipt of RTI Application was prescribed and if applicant fails to receive response within 30 days from receipt of application by PIO, considering the postal transit time, withinmaximum 35 days from date of RTI application first appeal has to be filed. There are 3 options available. 1.You can make a direct complaint under Sec.18 to IC, but IC can not direct PIO to provide information but he can only impose penalty and punishment if there is a malafide and deliberate deemed denial. In only 3% cases penalty was imposed on all India basis. There is no time frame fixed and complaint can be filed within reasonable time. This is most useless stipulation as per my knowledge. 2.You can file first appeal and in the appeal you may specifically request FAA to condone the delay as a special case as you were busy in other works and expecting a positive response from PIO without going for first appeal. Only to give adequate time to PIO with positive intentions, there was unintentional delay. Generally all FAAs oblige this. If FAA delivers orders, then you can go for second appeal if not satisfied with FAA orders and continue the first appeal. 3.Third option is filing fresh application with free RTI Fees and writing in bold and underline sentence "RTI Application dt.....with fees was a deemed denial, and hence this fresh RTI Application with fresh fees.
  12. 1 point
    Please go through sec.19 for time limits. You can file second appeal within 90 days after your first appeal or within 90 days from receipt of FAA orders. If there is reasonable delay, a formal request to IC for condoning the delay with second appeal is enough, and I have not come across denial of such second appeals by IC, due to delay as stipulated in RTI Act. RTI is a Road and not destination. It can bring you information which exists in the material form under custody and control of Public authority and the applicant should use this information as a tool for further remedy. When the matter is handled by an expert advocate in court, members may not dare to suggest any other remedies, but PNB is not correct in recovering any amounts from Pension without notice to pensioner or recovering any amount due from depositor to others from PENSION AMOUNT. There are several judgments and you can make a search in google to find such facts and observations. Generally common men approach Banking Ombudsman and/or Consumer forum if the complaint is on Bank alone, as no expenses are involved in the process.
  13. 1 point
    If the information is urgent and important immediately pay the fees under protest. Address a simple letter to SPIO, making a copy to FAA. and SIC. To ............................ .......................... Dear Sir, Reg: SIC Decision No...............................dt............................ Appellant:...................................... Ref: Demand for copying fees letter No.....................dt.................................. 1.I invite your attention to Sec. 7 (6) that states as follows: (6)Not withstanding anything contained in sub-section (5) the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limit specified in sub-section (1) Sub section (1) prescribed time limit of 30 days. RTI application was filed on.................... SIC decision was on.................... Demand from SPIO was on. 2.SPIO demanding such fees is in violation of the Sec. 7 (6) is not legally proper. However the postal order for Rs.72/- is enclosed under protest keeping in mind the importance and urgency of information. Yours faithfully, ........................ Encl: PO No:..............for Rs.72 drawn as per SPIO directions. Copy to FAA and SIC: With a request to direct SPIO for providing of information free of cost as per Sec. 7 (6) and for returning of the postal order for Rs72/ submitted by applicant under protest. This is all formal and generally appellants do not prolong and irritate authorities by educating them about RTI Act as information is always the priority, and citizens are paying to their own Government, the actual copying expenses of nominal amount.
  14. 1 point
    1.RTI Act has not stipulated any time limit for filing complaints and the rules state "Complaint should be filed within reasonable period", what is reasonable has to be decided by IC. and in the forum, so far no one has complained about rejection of complaints by IC. 2.Please go through Sec.18, First appeal is not required for making complaint. (Remember that a complainant is not entitled for information from PIO, he can only pray for penalty against PIO and which is once again the discretion of IC, and in less than .5% of complaints, IC has decided to levy the penalty.
  15. 1 point
    AS per Govt practice of rules if REPLY is not forth coming from any office a COMPLAINT TO NEXT HIGHER officer is only the method.Alternatively you can file RTI seeing as to to ACTION TAKEN AS SUGGESTED BY APPATASKAR as suggested above in the normal way
  16. 1 point
  17. 1 point
    At the most, if you have filed a complaint and did not get any reply, you can seek information about the Status or action taken report on your complaint through RTI Act from the PIO of that Departmentent.
  18. 1 point
    In open forums, you can not expect such call services. Post your problem in proper forums with all facts and experts from all over India will guide you without single rupee fee. The forum is having RTI Activist segment tab. Click the same and try to contact those volunteers.
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