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Showing content with the highest reputation since 10/14/2019 in Posts

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 1 point
    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
  8. 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.
  9. 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.
  10. 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
  11. 1 point
  12. 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.
  13. 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.
  14. 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.
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