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Showing content with the highest reputation since 09/23/2019 in all areas

  1. 2 points
    You can file a complaint with the Information Commission u/s. 18 of the RTI Act. Kindly refer to the blog on the following link: http://jps50.blogspot.com/2009/03/non-compliance-of-orders-of-information.html
  2. 2 points
    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.
  3. 2 points
    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
  4. 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.
  5. 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.
  6. 1 point
    To be honest, there is no sincerity towards implementation of RTI Act in any stake holders. Getting a good decision is more a luck.
  7. 1 point
    What were the side effects ? You mean harassment of RTI Applicant ? It is quite normal and expected as retaliation, and in view of all these we always advise applicants to step into RTI, expecting such indirect harassment. Applicant must be competent, and the drafting should be most deftly, and PIO should think twice before resorting to such steps against applicant. Generally, those who are confident of facing such measures from PIOs, step into the field. Authorities accuse applicants as black mailers and attribute motive of extortion, but they do not hesitate to search for loop holes or use the system against citizen, and when all those fail, they branch the applicants as a nuisance.
  8. 1 point
    When the applicant has received such demand stating the calculation of such fees for copying, being the demand is perfectly in accordance with laid down law, there is no use in going for unnecessary correspondence wasting time and money. RTI Act is simple act. Go through the Act as the sections are very few relevant to your doubts. I presume that you wanted soft copies of information. PIO is supposed to provide the information as available in his records. In other words, if the information you have solicited is in hard copies, PIO has to provide that information as xerox copy only and not through scanning and converting the information in digital form to suit your convenience. If it is available in soft copy, you have to pay for the Compact disc charges stipulated . If it is not available in digital form, you can never get that information through on line PDF under RTI Act. You have to accept the form in which it is available with PIO.
  9. 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.
  10. 1 point
    @Rajesh Kumar. You have intruded into another post not relevant to your matter. Unless members are aware as to the information solicited, provided, denied by PIO, it is not possible to offer precise guidance. As you have already filed second appeal, just mention the grounds of second appeal in a polite manner, when IC permits you to submit your version. Be polite. There is nothing to be worried though the public authority is from Supreme court. Just confine to your grounds of appeal only.
  11. 1 point
    First issue a Notice by Registered post to FAA specifically disclosing in a tabulated statement with three columns demanding correct, complete, relevant information within a week as per IC decision No...................................and mark this as copy to IC. _______________________________________________________________________________ Information solicited............Provided by PIO /FAA............Reasons for not satisfying with response. ___________1______________________2_________________________3______________________ 2.Wait for a month and file Non compliance complaint before IC.and enclose the notice issued to FAA with service proof and pray for directions to PIO and FAA for doing needful as expeditiously as possible.
  12. 1 point
    If you think that the action of any officer is bad practice/despotic action/Whimsical action contrary to law, seek specific information and ask for a copy of such rules and regulations that empower him, make a written complaint to concerned superior stating such ultra vires actions, as applicants can not question the actions of officials and can not decide on quality of their decisions. A decision may be good or bad, but as an applicant, one is concerned with a physical form of that record in custody of the authority that stated such action.
  13. 1 point
    Please post that response given by PIO for information of the members.: This was solicited from you. When approval is not required the information becomes a final decision as the decision is within powers conferred by rules and regulations. "For the particular action no approval is required" -------------is not opinion but a laid down norm. If you have doubts you can either seek a copy of such order/notification/circular that empowers the officer to decide on the issue and if it is beyond his powers (ultra vires) you can make a complaint to Head of the institution.
  14. 1 point
    Providing of opinions as information is barred and PIO is supposed to provide that information available in physical form in his custody and is not supposed to collect, collate information or give opinions. So such opinion is not certainly information as per RTI Act and DOPT directives. How this information is put into use for arriving to logical conclusions is debatable. Please post that response given by PIO for information of the members.
  15. 1 point
    File RTI seeking information indirectly seeking the copy of directive/order/circular that empowers the authorities to recover more than 33% in basic pay as deduction.
  16. 1 point
    First make a complaint to SP/CP in writing. Preserve your CCTV footage. File RTI Application seeking information from State Public Information officer, Ministry of Home for such copy of orders/notifications/circulars/laid down norms. Information solicited 1.Please provide a certified copy of the laid down procedure in Orders/circulars/notifications/directives that must be followed for recovery of stolen jewels from a Jewellery shop by Police. (You can also complain this to your association and as this is not new, they can take up the matter in their capacity of Office bearers representing the Association)
  17. 1 point
    You have not informed the dates of those three appeals. The formality at CIC is that when they take up hearing, they search for appellant's pending appeals and public authority's appeals. They generally club the appeals for the convenience of SPIO who may have to appear from distant places (for hearing of second appeal, appellant's attendance is not mandatory and optional and hence they verify the appeals against same public authority) Appellant can make a request and it is SIC discretion. If there is prayer in second appeal towards compensation then appellant can press for that. PIO gets all allowances as he is performing his official duty.
  18. 1 point
    Osmania University rejected my appeal to get a Xerox of my answer sheet. How can I go about this now?
  19. 1 point
    That word is just a word of caution, and do not carry any specific meaning. Some PIOs may provide copy of the salary slip instead of providing scale of pay and may be to avoid disclosure of entire salary and deductions, CIC might have taken extra precaution. But when PIO provides basic pay, it is an official documentary evidence legally valid for all purposes
  20. 1 point
  21. 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.
  22. 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.
  23. 1 point
    Just quote the RTI sec.7 and go for first appeal stating that SPIO has neither provided the information nor denied information, and forgotten his powers to refer the matter and take the assistance/help of his own officials when such permission is required as per laid down norms. Treating this as deemed denial of information, this first appeal . PRAYER: SPIO may be directed to take assistance of such officials as required for providing of such inspection as per laid down norms and for providing the dates of inspection with two options. This should be done as expeditiously as possible as SPIO has to communicate a deemed denial has taken more than 60 days. The information on inspection has to be provided as expeditiously as possible and such certified copies has to be provided free of cost.
  24. 1 point
    Dear comrades...since the govt. is likely to make some changes in RTI act. Can we file RTI? Sent from my vivo 1818 using RTI INDIA mobile app
  25. 1 point
    You may file one more RTI application for seeking information on missing/untraceable records, by referring to the blog on the following link: RTI for missing/untraceable records.
  26. 1 point
    In younger age, everything appears beautiful either a child or new articles. In 2017, none of the members remembered the forum and the Anniversary passed silently without any wishes or celebrations. It is only time that erases the memory. But in short span, most of the experts stored huge information that will be useful for another decade. Though they do not visit regularly, their past contribution still helps every member. The success and rejoice of the forum is not confined to a single day, and every day someone should be benefitted by the forum. Every day is for celebration if members succeed through their learning and guidance..
  27. 1 point

    Version KHANAPURAM GANDAIAH v. Officers


    The Hon’ble Supreme Court of India in Khanapuram Gandaiah Vs. Administrative Officer and Ors. Special Leave Petition (Civil) No.34868 OF 2009 (Decided on January 4, 2010) had held as under: 6. “....Under the RTI Act “information” is defined under Section 2(f) which provides: “information” means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.” This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed.” 7. “....the Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the “public authority” under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him.”
  28. 1 point
    Now that you have enclosed all duplicate documents as required by CIC, after 15 days file RTI Application and seek information on action taken on your letter dt.3-6-18. You can also down load the delivery status of your Regd post through India post website now, as it might have been delivered . You can search website of CIC for details of the fresh number if any given to your letter dt.3-6-18 in complaint/appeal status in CIC website. You have done what was needed by CIC, and except waiting for further response, nothing can be done further.
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