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Showing content with the highest reputation since 01/21/2020 in all areas

  1. 1 point
    Unless members read the PIO response, it is not possible to guide. You have to submit the appeal within 30 days of completing inspection, as early as possible. It is surprising as to how it is possible that you can not get any information in such an important task. There is something wrong somewhere. Please submit first appeal as expeditiously as possible and state Grounds for appeal clearly. If PIO provided information query wise, then prepare a three column table and explain the reasons as to why you are not satisfied with reply. _______________________________________________________________________________________ Information solicited............................Provided by PIO.......................................Reasons for first appeal. ______1____________________________2_________________________________3_______________ 1 2 3 4 to10 ___ Pray for personal hearing, and take permission for taking assistance during First appeal hearing in the appeal itself.
  2. 1 point
    When PIOs do not want to part with information, without application of mind, they will select all 8 (1) clauses one by one to deny information. Mere quoting of section and denying information is not lawful denial. They have to justify as to how such exemption clause applies to this specific information now being provided in the query.. Unless you provide the exact query, it is not possible to guide you on 8 (1) (d) you have to inform name of public authority also. Application of 11 as exemption is unknown. It is only formal letter written to third party seeking objections if any as courtesy and that is not binding on PIO and when larger public interest is involved there are never any exemptions. It is not clear as to whether they have referred your application to third party and also informed you of his objections if any. Subjudice is never a reason for denial. TO use such exemption, the court should order for not disclosing that information specifically and then only it can be rejected. I could find these smart tricks only of one Public sector oil company notorious in their RTI implementation Appellant should always stress larger public interest and transparency and acccountability, and PIO can not claim any exemption.
  3. 1 point
    The Sec.2 (f) definition for information includes "data material held in any electronic form' and as such CITIZEN is entitled to get that form through CD from the custodian, if that information is stored, preserved and under custody of that authority.
  4. 1 point
    I personally feel making separate applications to X Y Z police stations help you more in getting information. Never club several issues in one application, when the subject matter has to be collected and compiled from different places.
  5. 1 point
    Just be polite and formal like a professional. Download the blog on inspection by JP Shah and carry it in the form of hard copy and take usual precautions . Search in website for Hon'ble Sailesh decision in our forum, wherein in CIC decision he ruled that PIO has to provide the information as on record, irrespective of the type of query. Write a thanks letter, seek for specific appointment date, timings, officers to be contacted and provide him the list of files you wish to inspect. Wait for their call and attend inspection atleast before 15 minutes to the given time. Never argue, do not show ego or knowledge, just focus on information required by you.
  6. 1 point
    If I remember well, subsequent to all this decisions, there was a decision of HC in which a Chartered Company, engaged in investigation of financial frauds, over a complaint against a Government Dept., was denied of that information, went to HC, and it is HC that interpreted the Act. As it is only of academic interest, and I am also more for citizen rights , I have not kept the reference of Judgment. A one timer, can just file simple RTI Application and can get the information. But a multinational company, using this RTI to charge fees to investigate the tenders and such process, using RTI to me appears not proper, as they are using this individual rights to earn profit. I do also remember a such decision by ICSA, wherein one informer, filed several RTI Applications sought such details of employees property details and income details, and the professor has passed strictures against use of this right for profit. This is not all as a reply to the query, and we simply ask individual applicants to file application to satisfy PIO, as our focus should be on getting information and not on trivial issues. Now as Moderator has raised several CIC decisions, I wanted to just share this information for the sake of awareness.
  7. 1 point
    I have attached a copy of the decisions on the subject matter of discussion, herewith this post. CICs have time and again, consistently taken a view point, that beneficial provisions of the RTI Act cannot be denied merely on technical grounds, on the basis of a restricted interpretation of a definition. But it would always be advisable to avoid applying in the name of an organization. The reason why the definition has been liberally interpreted is because the only out come of the restricted interpretation would be that the person would have to make a fresh application on technical grounds (thereby only resulting in delay rather than denial of information) and in the end the decision to disclose the information or otherwise would depend upon whether the information is exempt under any of the provisions of the RTI Act.
  8. 1 point
    To be simple always use a name at the place / blank of applicant without designation,: Ex; XYZ disclose such particulars in the column for full address: Secretary, ABC Society,....... Resubmit your application without further wasteful correspondence with PIO.
  9. 1 point
    If you have submitted the application under your name and signature, even if official stationery is used, the PIO cannot deny the information. If so, please file First appeal before the designated First Appellate Authority within 30 days. For detailed grounds for first appeal, please refer to : [h=4]WHO CAN DEMANDINFORMATION UNDER RTI ACT?[/h] However, if you have signed simply as Branch Manager, without your name, it is considered as an application by the BM. In that case, please file fresh RTI application under your name and signature.
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