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Showing content with the highest reputation since 07/09/2019 in all areas

  1. 3 points
    Hearing in First Appeal is not mandatory. In Case No. CIC/AD/A/2013/000875-SA, orderes delivered on 14.6.2014 it is observed that there is not a whisper about hearing by FAA in RTI Act, 2005. There is also no provision under the Act to prescribe procedures with regard to the manner in which FAA has to conduct & decide the First Appeal. It is also mentioned in that Order that it is duty of the FAA to consider written appeal of the Appellant even if he is not present on the date of hearing and decide on the basis of the material available. Even appearance before the Second Appellate Authority i.e. SIC is not mandatory, as per State Information Commissioner(Appeal Rules), 2005 (Section 7 of the R.T.I. Rules) (Central Act 22 of 2005) ..
  2. 2 points
    As to how many Deputy Chief Ministers should be appointed, it is the prerogative of the C.M.. In Andhra Pradesh, the C.M. has appointed 5 Deputy Chief Ministers & in Telangana 2 Dy. C.Ms. When State was integrated, there was no Dy. C.M. for most of the period... Court has fixed the limits for Ministers in the Cabinet i.e. 10% of the Legislatures including C.M., but there is no restriction of Dy. C.M.. There is no change of salary and perks of Ministers and Deputy Chief Ministers. Hence the question of waste of public exchequer also may not arise..This is nothing but an attempt to please the disgruntle MLAs to keep the folk together. Politicians in power should have the sense of economics of the State so that public taxes may not be wasted. Hope good sense will prevail upon them one day or the other.
  3. 1 point
    Write separate letter to FAA for not directing to follow the stipulations in RTI Act and that when a law officer is not knowing fundamentals what is his public authority and who is the other authority after 14 years of enactment shows lack of sincerity at various levels and ask him to direct PIOs on such transfers under 6 (3). Wait for a response and enclose this to second appeal. If you want you can file RTI Application to FAA as to the status of your letter on functioning of PIO.
  4. 1 point
    Definitely you can first bring this to attention of FAA first and then in second appeal as deliberate and malafide. If the PIO is ordinary officer it is different, but here in this case he is law officer and supposed to know fundamentals in RTI.
  5. 1 point
    As a members your rights are restricted to that of share holders, but as a citizen you can ask for any information on public record without any fetters.
  6. 1 point
    Inspection is one form of seeking information, and the applicant must specifically state that form i.e in the means of letter, certified copies, xerox copies, inspection etc., File fresh application seeking inspection and always avoid doubtful denials/rejections. In case of no response from PIO within stipulated 30 days, the applicant should go for first appeal on deemed denial, and if he is not satisfied with that information provided after such appeal, then addendum can be filed. I am not getting your point on last sentence. Please do not send personal messages on regular queries and always seek guidance through forum, as you can receive response from many experts in the forum, and the guidance sought by you helps many members that may face similar situation. The purpose of the forum is not to guide single member but guidance should help many members. Replying to personal messages is against discipline of the forum, and I do not wish warnings from ADM. What I have feared happened as I could not reply from my messager and the option is deleted/removed from my replies.
  7. 1 point
    An applicant is having right to information alone, and the penalty is in between the PIO and IC and appellant has no role to play. That penalty can never come to appellant as wrongly perceived. Insisting for imposition of penalty may spoil the relations, when one expects smooth relations without hurting. It is very difficult to establish deliberate denial with fraudulent motives by PIO.
  8. 1 point
    This reply from PIO is classic example of defiant attitude of PIO and levels of knowledge both in running his department and on RTI.Any how it is not our concern for the present. You have to go for appeal within maximum 30 days within in receipt of FAA orders or maximum 45 days in case FAA orders are not delivered. Now ask a friend or relative to seek information as follows: 1.Please provide number of vacant houses for allocation as on date in 2.If allotment closed, such date of final closure of allotment. and certified copy of that memo/notice/report on finalizing the list. 3.Please provide copy of such list of selected beneficiaries..................................................... Then go for second appeal. Certainly you can get a befitting order, if IC applies his mind. Sorry I am not finding a link in between what you have sought guidance and on which you have sought guidance. To refresh this is your first query. "I would like to know the various schemes under which housing or tenements are granted to beneficiaries,list of applicants for free housing scheme ,number of sanctioned applications , field verification details,list of applications rejected etc This is the actual you have solicited from PIO. . Please provide name ,designation and official mobile number of all the officers & employees working at SCB, Tiruvallur Division in accordance and in compliance of the provision of section 4(1)(b)(ix) of the RTI Act. in accordance and in compliance of the provision of section 4(1)(b)(ix) of the RTI Act. Time and again we advise members not to seek that information which is not useful but still some state unnecessary quotes of sections and ask those questions which are in fact not relevant not necessary, not helpful. Honestly, what do you want to do with that employees of SCB address book list. You can also file grievance before the TOP authority of SCB requesting him to upload the beneficiaries list in their website as the selection is not proper.
  9. 1 point
    Do not get distracted from query: 1)Please provide that part of the copy of record/statute /Circular/order/rule that states the number of deputy chief ministers that can be appointed in a state PIO Reply: this information is not available with their office Issue: If that information is not available in his office, is it not his duty to send the application to the concerned authority with whom the information is available under Sec. 6 (3) Simple information is that there is no such stipulation restriting total number of Deputy chief ministers to be appointed and it depends on discretion of CM (All this is only for academic interest, as Shri Saapataskhar has clarified that it depends on CM discretion, and they are not entitled to any special benefits. Atleast after hearing, you can educate facts to them so that they may provide correct information for future queries)
  10. 1 point
    Most of the members may not like to open attachments or bother to spare time to offer guidance. But the post is typical and the attachment shows where members err in filing applications, and the misconception that RTI is the remedy of all evils in the society, and about alternate remedies, the purpose of seeking information vis a vis how that brings logical conclusion to one's issue, the necessity of atleast reading certain important sections in RTI Act etc. 1.Seek that information which is really useful to you or to the community at large. 2.Learn the differences in between designated Public Information officer and duties of FAA and their responsibilities. 3.Focus on those points that really helpful and do not make a large application burdening the authorities with that information in no way useful to you and to bring any logical conclusions. 4.Always make RTI as brief as possible and never exceed more than 5 queries maximum, and divide application issue wise. 5.Never use WHY while soliciting your information and state in the beginning Please provide me. 6.You have alternate, fast and inexpensive remedies under CP Act whereas RTI Act can not bring any remedy to your real cause. 7.Always use RTI Process to improve the relations with your financier or specify violations rather than finding fault or seeking explanations in RTI. 8.Though objective of RTI is not stated in the Act, ICS and FAAs do see the purpose of RTI and usefulness of that information to you and decision depends on your application and if you are really aggrieved, then they will certainly be sympathetic in hearing .
  11. 1 point
    Information commissioners are appointed only for State commissions.
  12. 1 point
    Make heading of the complaint as "NON COMPLIANCE OF CIC DECISION - COMPLAINT. Before filing complaint issue a formal notice both to CPIO and FAA, to provide that information within 15 days, Wait for 15 days and then enclose the copy of notices issued to CPIO and FAA to strengthen your efforts to get the information from them without approaching CIC. There must be a Transparency officer in PMO who is a co-ordinating stake holders--Applicants, PIOS, FAAS and Commission. You may also make a copy to him drawing his attention to non compliance of CIC orders by PMO which may give a bad precedent and wrong signals to other authorities in sincerity in implementing RTI Act.
  13. 1 point
    IC is not supposed to revise/modify/aleter or re look into delivered decision. The action is not proper. File RTI Application and seek information from SC as follows: 10Please provide Certified copy sthat states the powers of IC in changing a decision delivered, without once again hearing appellant.
  14. 1 point
    Search in Co-operation and Registration Ministries.
  15. 1 point
    Ignore the transfer part, as far as, one of their PIOs is replying to you. Where a particular PIO is neither transferring the RTI nor providing the information on the ground that the information is not available with his office, in which case he is supposed to access the information from another office of his public authority and provide it to you under section 5(4) read with 5(5) of the RTI Act. Kindly prepare your ground of appeal accordingly. Ground of Appeal: 1. The PIO has stated that the requested information is not available with his office, in which case, in accordance with the letter and spirit of section 5(4) read with 5(5), the PIO ought to have sought the assistance of that officer of your public authority with whose office the information is available by invoking section 5(4) read with section 5(5) of the RTI Act, however, the PIO has not done so. Thus, the PIO has disposed of my request for information against point no. XX of my RTI application in violation of the letter & spirit of section 5(4) read with 5(5) of the RTI Act. Kindly find section 5(4) & 5(5) quoted below for your reference:
  16. 1 point
    Kindly go through RERA act by downloading the Act from google, and you can find from stipulations as to whether your query is proper or not.
  17. 1 point
    We should always be thankful to such adversaries, as they provide us opportunity of learning though they may cause inconvenience to us in short run. Now, please inform and help in learning as what should have been better in such cases as per the post query. Share your experiences and the manner you have explored other avenues as alternates.
  18. 1 point
    Similar situation is also face by me. Even in my case FAA authority neither given opportunity to hearing nor given any orders with in stipulated period of 45 days. Therefore, I filled 2nd Appeal with CIC on line, and same has been registered for further hearing and orders. Since the majority of PIOs are not performing their duties under RTI Act, further they're aware that decision of CIC will come after a lapse of 2 years therefore they are acting like rock for providing information.
  19. 1 point
    1.A PIO is expected to provide that information available in material form that is in his custody. Once it is uploaded, it is not in custody of the PIO and in public domain. In view of this, experts in the forum advised members to seek such information in the form of certified copies. 2.For you there are two options. a)File fresh application and seek such information in the form of certified copies, so that PIO can himself check whether it is in public domain or not. b)after receiving such information file first appeal on first RTI, that PIO has provided misleading information that the information is uploaded in website though it is not available. 3.Or go for first appeal, seek first hearing in person, and let PIO present that information downloaded from website of the FAA's office himself. (If you have smart phone, do carry that with another hard copy of that information which is uploaded in website without information solicited by you.
  20. 1 point
    File another first appeal writing on top as ADDENDUM TO FIRST APPEAL. Addendum to First Appeal dt.1st Jun, 2019. (First Appeal dt.....received by FAA on 28-05-2019, pending with FAA, FAA orders not received till to-day) Against: State Public Information officer,............................. Appellant:......................................................... Brief facts: Applicant has solicited information on ...........and it was received by SPIO on 22-04-2019 2. As SPIO has not provided information the first appeal was filed on .....................and received by FAA on 28-05-2019 3. After receipt of the first appeal, SPIO has on 21-05-2089 posted on................stated that he can not reply to question in RTI Application raised in impetus as per Sec.2f. 4.As FAA has not decided the first appeal and delivered order this addendum to be treated as the First Appeal. GROUNDS for Appeal: This appellant is only aware of the following section relevant to PIO. Sec (7) (1) Subject to the provision of Sec. (2) of Section (5) to the proviso the subsection (d) of Section 6, the Central Public Information officer or state public information officer, as the case may be, on receipt of a request under sec.6 shall as expeditiously as possible and in any case within 30 days of receipt of the request. EITHER provide the information on payment of such fee as may be prescribed or REJECT the request for any of the reasons specified in Sec.8 and Sec.9" The denial should be only under Sec.8 or Sec.9 supported with such justification as per umpteen CIC/SIC decisions. PIO has neither provided information nor denied information and invented a new clause that was not stated in RTI for denial of information, which is highly improper and shows sheer negligence of a statutory obligation. Hence this first appeal, in the larger public interest as the information is not exempted under RTI and is available in material form. PRAYER: Appellant prays for directions to SPIO for providing the information free of cost as expeditiously as possible. Applicant.
  21. 1 point
    There is a mistake on your part. Time and again, experts advised to record the entire proceedings as Minutes and give it to FAA and PIO duly signed. If PIO has really provided that letter, he might have marked and written to FAA immediately after receiving the first appeal. He should have at least communicated to the appellant. There are flaws in every step. The designation of PIO is different and FAA must be superior in authority over PIO and designated as such. There was never a practice of signature of PIO for FAA. Again FAA can only deliver his orders and can not force any appellant to sign any document when the appellant reported non-receipt. At least the copy was not given. Coming to FAA orders, the orders are defective. Information can be denied only on stating such exemption in RTI Act Sec.8 and subsection and with proper justification for applying that section. The reason for rejection is stated as follows: "That daily status and action taken of an application cannot be supplied through RTI . " There was never any such exemption in RTI Act as stated by PIO and FAA. Ask through separate RTI application to SPIO and seek information as follows: 1. Please provide me a copy of the letter that stated that information was denied tat daily status and action taken of an application cannot be supplied through RTI . " with a copy of such entry in outward despatch letter that mentions details. As the SPIO response is essential for submitting the second appeal and such letter was never received by the Appellant. 2. Please provide me the copy of that section or subsection in RTI Act that exempts and states that "That daily status and action taken of an application cannot be supplied through RTI . " The second Appeal can be filed within 90 days from receipt of FAA. To prepare grounds for the second appeal, get this information also so that you can simply state only simple ground for the second appeal to SIC as follows: _____________________________________________________________________________________________ Grounds for Appeal: SPIO has said to have rejected to provide information stating as follows: 'That daily status and action taken of an application cannot be supplied through RTI ." FAA has agreed with PIO. Appellant has neither received such letter nor there is no such stipulation exempting such information under RTI in Sec.8 or Sec.9 of RTI Act. SPIO can only deny information stating such Section and subsection with proper justification. In this case, PIO has neither quoted such exemption section/subsection nor offered any justification. Hence the information denial is treated as deliberate and malafide. PIO was asked to provide such Section and subsection in which there is such exemption and PIO has responded as follows ( or Not responded) PRAYER: Appellant prays for directions to SPIO and to FAA also (as SPIO has signed for FAA) to provide the information as expeditiously as possible free of cost as denial is deliberate and malafide.
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