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nk agarwal

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nk agarwal last won the day on December 18 2010

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About nk agarwal

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  • Birthday 09/10/1949

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  1. Error Apparent in 2nd Appeal Decision

    This means anyone, other than IC, can take a decision in Information Commission on a decision of an IC where gross error apparent on the face of records is an issue that is brought before it.
  2. Error Apparent in 2nd Appeal Decision

    Pl. do not get annoyed, i am only trying to understand the options as available to a RTI User. If I file an application before the IC stating commission of error apparent in his decision, what would the Information Commission do to my application (i) throw in dustbin, (ii) return me with some cogent reasons and if they sleep over it without returning it with cogent reasons, how I should purse this matter further.
  3. Error Apparent in 2nd Appeal Decision

    Going to HC cannot be a threat but, am trying to understand the options to handle the situation created by an IC by passing a decision having error apparent in a complaint for penalty. Going to HC entails money and time that i can ill afford.
  4. In case of error apparent on the face of records before the IC in 2nd appeal, can a review application be filed before the Information Commission?
  5. Powers of Information Commissioners

    Section 18 is fine; then how the following objectives as enshrined in the preamble to the RTI Act-2005 are achieved : (1) "....inorder to promote transparency and accountability in the working of every public authority" (2)"....... to its functioning and also to contain corruption and to hold Governments and its instrumentalities accountable to the governed"
  6. Powers of Information Commissioners

    My query is that is there any provision under the RTI Act under which the ICs can issue orders for investigations and follow up or the ICs under the inherit powers as that of Civil Court ( Section 18(3)) can issue such orders?
  7. If during 2nd Appeal, the information sought reveals indications of corruption/corrupt practices prevailing in the office of Public Authority, Can the IC recommend to the Govt. to conduct an enquiry and take follow up actions or he has to close his eyes and only issue orders to provide sought info to the appellant?
  8. Exactly, this is the point.
  9. Query from skilled member or novice is not an issue but, relates to the objectives as enshrined in the RTI Act-2005. (1) Seeking availabe info through the Act, is yes an important aspect for a citizen. (2) But, the Act also gives an opportunity to the citizen, to ask for transparency and accountability in the working of the public authority. None from outside would come to clean it, though a very difficult work for the common man as a citizen. I understand all communications from public servants should be signed with the name and designation of the officer doing so or authorised to do so.
  10. (1) Is it mandatory for the PIOs to put their names below the signature in the replies sent to applicants? (2) Is the only objective of RTI Act-2005 to provide acess to info to the citizen and the citizens derives no right under this act to bring/ask for accountability and transparency in the working of public authority?
  11. Obligations under Section 5(3)

    Once application is recd. by PIO, whether excercising due dilligence while disposing the application is part of his obligations/responsibilities as per section 5(3) of RTI Act-2005. The PIO is (may) not the be custodian of information sought, as the information custodian is the Public Authority; so my query is whether the PIO has to ascertain (i) whether the info so given is correct as per the records/ documents available with the PA and (ii) if the PA says info is not available the PIO has to ecercise due dilligence before such conclusion is communicated by him to the applicant?
  12. Would appreciate, if the copy of Delhi HC judgement is posted here. Has the section 19(9) left un-used by appellants/complainants, there seems to be a scope of Appeal on decision?
  13. Section 5(3) of RTI Act states that Every PIO..............shall deal with requests from persons seeking info and render reasonable assistance to the persons seeking such information. So under this section what are the obligations and responsibilities of a PIO? Does it mean that he would excercise due dilligence to provide information?
  14. The complaint has ben filed under section 18(1)(e) as already mentioned in my 1st post.

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