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Found 34 results

  1. Shrawan

    Section 19: Appeal

    Section 19: Appeal (1) Any person who, does not receive a decision within the time specified in sub- section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order. (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party. (5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request. (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding. (8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to— (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including— (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; (b) require the public authority to compensate the complainant for any loss or other detriment suffered; © impose any of the penalties provided under this Act; (d) reject the application. (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority. (10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
  2. My final appeal was heard and decided by honorable CIC today.I had sought certain information from DoPT regarding the pay fixation of re-employed Ex Servicemen in PSU Banks.The CPIO had replied me sighting a 1986 Order which is no way related to my query as it dealt with the Pensioners re-employed in Central Govt whose expenditure is debitable to the Civil Estimates of the Union Govt.When I pointed out the error through my first appeal, the Appellant authority explained that the above stated Order is appropriate as far as fixation of pay of re-employed pensioners are concerned.Also he asked me to contact MoF, Dept of Expenditure for the definition of Pay, Basic Pay or the treatment of various elements of pay structure after 6th pay commission.He also suggested to find out from MoF about the applicability of DoPT OM dated 8 Nov 2010 w.r.t. the re employed ex servicemen in Banks. I found the reply from CPIO and Appellant authority inappropriate and misleading as firstly their 1986 order does not deal with pay fixation in banks and as per their own submission and DoPT OM dated 8/11/2010 is just a clarification about the treatment of MSP as far as their OM dated 05/04/2010 was concerned.The OM dated 05/04/2010 was formulated just to amend their 1986 OM ans it was only related to the CCS rules for re-employed pensioners in central government.Also the definition of Pre-retirement pay which is the basis for issuing DoPT OM 8/11/2011 applicable for the officers only and the pay elements of PBORs is thus ignored.Also I pointed out the scope of misinterpretation of this OM as it happened with the MoF.They had to withdraw their previous circular which was issued on 23/03/2012 and a fresh circular was issued on 28/08/2012.Now if we follow the latest MoF guidelines our earlier fixation should be withdrawn and only MSP should be paid.Because the DoPT OM dated 8/11/2010 deals with only MSP and MoF asking bank to implement this OM and withdraw their 23/3/2012 circular further creates confusion.They did not Modify their 23/3.2012 circular and withdrew in haste. CIC heard the issues and ordered DoPT to reply me again as the DoPT representative accepted that they do not ® do not have any policy regarding the Pay fixation of re- employed ex-servicemen in Banks.He also suggested me seek assistance from redressal agencies if the policy are not available or are not properly formulated to solve the issues relating to the pay fixation of ex servicemen in Banks.HE was surprised to know that Banks do not have defined policy after 6th pay commission. Now, dear friends it is time to approach redressal agencies i.e. High Court to settle this issue and there is no hope from banks or MoF.Wish u all good luck and hope to remain united in this cause.
  3. I had sent an rti application to the central pension office at new delhi. However the matter was transferred to the state pio under section 6. The state pio however had already retired. Also the dept was gutted under the mantralya fire. It has been over thirty days now since it was transferred to the state. Do i file an first appeal to the state, or should i file a complaint to the central cpio for wrongly transferring the matter to a retired pio, or should i file a frsh appeal since the file might be destroyed in the fire.....? Please help
  4. :confused:What possibly can be the reason for this? Kindly check and let me know immidiately. Secretary CIC ----- Original Message ----- From: garg Vinod Kumar (Posting of mail ids & mob. no. is against Forum Rules -hence deleted) Date: Wednesday, December 29, 2010 2:52 pm Subject: Re: Non Receipt of ID No./Complaint Number with respect to my complaint before Central Information Commission . To: secy-cic@nic.in > > Honorable Sir, > Since no reply has been received so far in this matter kindly look into the matter, > and acknowledge the my complaint as well. > Thanks and regards, > V.K. Garg > From: garg Vinod Kumar XXXXXXXXXX > To: secy-cic@nic.in > Sent: Sat, 11 December, 2010 10:18:11 PM > Subject: Non Receipt of ID No./Complaint Number with respect to my complaint before Central Information Commission . > > Hon'ble Sir, > This has the reference of my complaint addressed to Central Information Commission, August Kranti Bhawan,Bhikaji Kama Place, New Delhi sent by me by speed post on 7.10.2010 from Ghaziabad City to The Registrar,CIC,August Kranti Bhawan,Bhikaji Kama Place, New Delhi ( Copy of receipt of PO attached herewith). > In this connection i would like to bring into your kind notice that even after 2 months period i have not received any communication from your office regarding it's receipt or ID No./Complaint number allotted to my complaint (The copy of my complaint is also annexed herewith please.) > Therefore, kindly direct the concerned official to locate my complaint and issue me ID No. so that i may pursue my complaint further with CIC. > With Regards, > V.K Garg > complainant, > Address: R-6/5 C, Raj Nagar, > GHAZIABAD. > Mob: XXXXXXXXXX Even after the remarks /observation on email by seceratary to his subordinate could not yield any result and so finally i sent another following message to secretary cic on 17.01.2011>>>>> Honorable Sir, Still no information available and a reasonable period has already been gone. Should i forward a photocopy of my complaint for consideration as i am not getting any relief from the Public Information Officer/First Appellate Authority of NDMC. Thanks and Regards, V.K Garg Still no reply??????????? .
  5. Hello Members, I am from Hyderabad. I filed an application with RPF, Hyderabad on 06.07.10 for withdrawal of my PF amount. I made two enquires using their online portal for status for the status of their claim, they responsded saying that my claim was received on 12.07.10 & is under process. Second response was that normally it takes 30 days for the process. After waiting for close to 1.5 months, I filed a RTI application on 19.08.10 using the document/link suggest on rtiindia.org & sent by speed post. The same was delivered on 20.08.10 as per Speed Post website. I recently submitted another query on status & response was that instrutions have been given to the concerned to attend the matter on merit. Per guidance on website, I will wait till 30.09.10 (30 days post receipt & 10 days for postal grace) to receive reply (& my money). However just in case it doesn't come, since today is 15.09.10 & there is no response whatsoever from PF office, I am also getting ready to file an appeal. Pl advise next course of action or suggest/direct me a RTI activist in Hyd whom I can consult. Many Thanks for your time & help Sir!
  6. I have requested to Bikaner University, Bikaner (Rajasthan) to provide some information. But it didnot provide the same within next 45 days. University is an autonomus body and is not affiliated UGC rather it is being governed by the State Govt. Could anybody let me know that to whom I can send my 1st Appeal ? Thanks in advance.
  7. Hello! Everyone, A problem with my domicile certificate has brought me to this forum. I hope it can be solved here. I need a domicile cert. at Mumbai but do not have a ration card. the staff in that office just refuse to accept any papers without a copy of the ration card. surely i can prove that i am residing in mumbai since my birth without having a ration card. i now want to enquire with the office if they have ever issued domiciles to anyone without a ration card and if so to how many people in the last five years. i do not know to whom this query is to be addressed, which form to use, where to submit it etc. anyone with this information is requested to reply to my query. thanks.
  8. i have following queries- 1. can an RTI appl be sent through e-mail? if yes, what about payment of its fee? and what would be its dates concerned? 2. if the levels of Authorities in any govt. organization are fixed, such as PIO, FAA, CPIO etc. as far as implementation of RTI act is concerned? what are the exact nos of these Authorities and their levels as we go ahead. 3. if CPIO has replied to any RTI query which was asked as First appeal, then if still unsatisfied, whom to move, CIC or somebody else? and within how many days 30 or 90?
  9. sidmis

    RTI appeals go hi-tech

    RTI appeals go hi-tech as reported in Times of India, 14 Oct 2008,TNN MUMBAI: Right to Information (RTI) appeals before the information commissioner will now be heard through video-conferencing. The technology that will save time and money and accelerate the disposal rate of cases pending in appeal, was installed on Monday in coordination with the state information technology department and state information commission. "Earlier, for appeals coming before the appellate authority, the officer related to the query and the applicant had to be present for the hearing, but this will not be the case once appeals are heard through video-conferencing,'' said Kshatrapati Shivaji, secretary, IT. According to the new system, the officer and the appellate can go to the nearest district collector's office, exchange their queries and get the issue resolved, Shivaji added. For the period starting from January 1, 2007, to December 31, 2007, Maharashtra received 3.16 lakh applications under RTI. Of these, applicants who were unhappy with the information provided to them went in appeal to the information commissioner. Such appeals will now be heard using the new technology. "This system will save the energy and time of the government employee who earlier had to travel all the way to the venue fixed for hearing the appeal,'' said Suresh Joshi, the state information commissioner. If the system is successful, the full-fledged use of this technology will start after Diwali, he added. Recently addressing the media at Mantralaya, Joshi had said, "I am happy with the job done by the information officer, but not with the first appellate and I have registered my complaint with chief minister Vilasrao Deshmukh.'' According to the state information commission, the number of RTI applications received by the state is much higher then the application received by the Central Information office. The maximum of the RTI applications demand information related to the state urban development department followed by housing department, reveals the statistics of the SIC. The act came into existence in the state on October 12, 2005, and to ensure that more awareness about RTI across the state, the SIC has suggested inclusion of a chapter on RTI for secondary level students. RTI appeals go hi-tech-Mumbai-Cities-The Times of India
  10. jiwateshwar

    Complaint vs. Appeal

    It is surprising to see that not many of us realize that the RTIA2005 provides two methods of approaching the CIC/SIC. These are 1. Second Appeal and 2. Complaint. However, not many of us are sure about the use of these two options. It would thus be desirable that the experienced members of this forum please shed some light on the difference between the two and which is a better under what circumstances. I intend for all aspects regarding the same to be discussed. Eventually it would nice if the forum leaders could include this in the guide as the present guide only lets us know about First and Second appeals.
  11. Hello All To the Municipal Corporation (Parks and Gardens) I had written the application under the RTI Act dated 27/03/2008, and recieved the reply dated 25/04/2008. I had filed for my 1st Appeal dated 23/05/2008 which is within 30 days from reciept of the Reply. Yesterday on 27/06/2008 I recieved a letter from the department that they had recieved my Appel Letter on 28/05/2008 and my appeal letter shall not be considered. as it has not reached them on time. my question is as i have replied within 30 days of reciept of their reply am i responsible for postal delays. my case has been going on for nearly since 1 year now with this department and every time they play some type of trick to avoid giving me information i have still 1 case pending with the state commision. Regards
  12. myvision

    Co-Operative Banks

    I had submitted an application for details from one of the Co opertive banks with the required fees. I also received a letter from them just after 28 days that the details are ready and that I can collect it from their head office. When I went there to collect the documents, they are giving vague answers. Whom do I appeal to now, to get the complete details under RTI myvision.
  13. dear sirs. i had applied for some informationto APIO on 11/03/2008.i did not recieved any reply till 14/04/2008.i made first appeal on 15/04/2008 for non reciept of any information .However i got a reply from APIO dated 24/04/2008.( That is full 44 days after my initial application ). in this reply APIO has not given required information . MY QUESTION IS CAN I FILE FIRST APPEAL ONCE AGAIN?.I have alreasdy made first appeal on 15/04/2008 ?
  14. infogirl

    Delay Tactics by PIO

    I submitted an RTI application to the PIO along with the fees giving full name and contact details including postal address, e-mail, office and residential phone numbers and mobile number. As I did not receive the information within 30 days I filed the first appeal for deemed refusal with the Appellate Authority. I have not received any communication from the Appellate Authority though more than 30 days have passed. Suddenly I received a letter from the PIO [appears to be a backdated letter] that my application cannot be processed as I had not submitted "Proof of Identity". At no place in the RTI Act 2005 does it say that the applicant has to submit Proof of Identity. Only contact details are required to be mentioned in the application which I have fully given. It appears that the PIO is employing delay tactics and trying to deny me the information. What should I do? Since more than 60 days have passed since receipt of the application by the PIO and the Appellate Authority has not responded for more than 30 days after the first appeal should I file a second appeal with the CIC for deemed refusal? Or should I send "Proof of Identity" to the PIO, set the clock backward and bear further delay? If yes, what Proof of Identity should I send? Is the PIO justified in asking Proof of Identity after so much time or is he just employing delay tactics? Should I make a complaint to the CIC?

    Re: Second Appeal

    I would like to file 2nd appeal. I shall be grateful if any member, who had filed 2nd appeal, can send me the sample of 2nd appeal.
  16. I on date 05-11-2007, through Registered A/D Post had sent the first appeal to my RTI Application to the West Bengal Power Development Corporation Department addressed to The First Appellate Authority (As per RTI Act 2005). The letter returned back to me with a note “Not Known”, being struck through and “Refused 20/11/07” scribbled on it. What should be my next course of action?
  17. Any suggestion for one RTI application and the “information “ furnished There is a strong dispute regarding the membership of the Metropolitan Co operative Housing society, ffice:smarttags" Canal South Road,Kolkata-105. In this regard it may be mentioned that the Hon’ble Justice Sri B.P.Banerjee directed ---- “ to cancel the membership of any of the members if it was found that the membership of any of the members were inducted illegally and in contravention of the provisions of the Act and/or the Rules in this behalf”(Dated 30th January, 1985) Corrupt Managing Committee preferred an appeal against this Order of the Hon’ble Justice Sri B.P.Banerjee . Afterwards Hon’ble Justice Sri Anil Kumar Sen and Hon’ble Justice Sri Samir Kumar Mookherjee further clarified in their judgment …“ there is a strong dispute regarding the membership. This dispute has not been resolved nor could it be resolved by the Special Officer appointed by this Court. This could be resolved only by the Registrar, Co-operative Societies. Such being the position, an election held without a resolution of such dispute regarding the membership should not be allowed to be implemented. (FMAT/299/1985 dated 30/.09/1085)As per the affidavit submitted by the ARCS. C.M.A.H on behalf of the Registrar of Co operative Societies , Keeping this background information in mind the following eight queries (1 to 8) and seven ‘information’ received from the Registrar of Co operative Societies ( marked as A)with clarification of the applicant (marked as B) are appended below Subject matter of the information sought for- Resolving the membership dispute of the Metropolitan Coop. HSg. Society,
  18. I have received the reply to my first RTI Application to WBPDCL (http://www.rtiindia.org/blogs/linardni/wbpdcl-2-first-rti-application-103/) scanned copy of the pages of which are attached in this post. However I am not satisfied with the catered information. Under Point 2, the PIO mentioned ".........it was found that Shri Roy did not satisfy the requirements of qualification as mentioned in the Advertisement dated 6th June 2006. As per Advertisement specialization in Personnel Management / HR from the Institute of repute recognized by the AICTE would be the first specialization which was found absent in hi s case." Since there was no specific mention of "first" specialization in the advertisement, what question may I include in my first appeal to compel the PIO to agree that there is a deviation from that mentioned in the advertisement, when judging the eligibility criteria of the candidates? For my question 2, the annexure doesn't cover the information in full. For the First candidate, Institute is not mentioned. Furthermore, Major, Minor, Second Specialization issue is not mentioned. So far my knowledge goes any degree called MBA (HR) is not offered by the mentioned Universities. The degree is MBA only with specialization in one/two fields. For my question 3, a quantitative reply was expected but no specific reply was given. These are a few points which I've found to be queried through first appeal. Furthermore I request expert opinion to help me find out anymore queries which will compel the PIO to approve that the screening of candidates was done deviating from the eligibility criteria mentioned in the advertisement.
  19. linardni

    First Appeal again?

    Upon not getting any response to my RTI Application I made First Appeal to the West Bengal Information Commission. The Commission adviced the PIO to take necessary step and report within a fortnight. Even after the expiry of fifteen days, I received no response from the PIO. May I file the Second Appeal to the CIC or will I have to make the First Appeal again to the AA of the department. In other words, as per RTI act making First Appeal to the State Information Commission stands valid or it should be made to the AA only?
  20. MUMBAI: State information commissioner Suresh Joshi has summoned Navi Mumbai police commissioner, Ramrao Wagh, for an explanation after learning that an officer in his department had dismissed 74 appeals under the Right to Information Act without hearing arguments in a single case. Joshi summoned Wagh following a complaint from a Vashi resident, who learnt from the public information officer in the Navi Mumbai police commissionerate that the department had not heard a single RTI appeal till date. An appeal is filed by RTI applicants when the original query is rejected by the PIO or if the applicant is not satisfied with the PIO's replies. The appeal is then heard by an appellate authority, a designated officer in the same department. "RTI appeals can be disposed of without hearing if the appellate authority is satisfied with the written argument. But in this case, looking at the volume of cases, there are real doubts that the appellate authority has disposed of appeals without even looking into the case details," information commissioner Suresh Joshi told TOI. 29 Oct 2007 Viju B,TNN
  21. http://jaipur.sancharnet.in/aaocomptrjp/Application for information 002.jpg http://jaipur.sancharnet.in/aaocomptrjp/Appeal'>http://jaipur.sancharnet.in/aaocomptrjp/Appeal 001.jpg http://jaipur.sancharnet.in/aaocomptrjp /Decision 001.jpg The above all of disposal of my application under RTI. I want to know opinion of my friends whether I may get some relief in this case from CIC or not. If my case is justified case under RTI in which the appeallant authority is disposing the appeal on the wish of PIO and his assistant officials.
  22. I find that the working of SCIC, UP, Lucknow is not practical, especially from the point of view of complainants living far away from Lucknow, his headquarters. UP is a big state and most of the complainants, as myself living in Noida, are situated far away from Lucknow. The only action that SCIC, UP takes on 2nd appeals submitted to him under RTIA05 is to fix a date for hearing on the appeal long after the appeal was submitted and directs both parties to be present at the hearing. The appellant, being situated far away from SCIC office, is not able to be present personally and the appeal is decided in his absence. To top it, the orders issued after the hearing are also not communicated to the complainant even though it is clearly provided in section 19(9) of RTIA05 that SCIC shall give notice of it’s decision, including any right to appeal, to the complainant and the public authority after the hearing. In this regard, the procedure adopted by CCIC, Delhi is very nice and is suggested for being adopted by SCIC, UP, Lucknow as also the other SCICs. CCIC, Delhi, soon after receipt of 2nd appeal under RTIA05, directs the respondent public authority to offer their comments on the appeal under intimation to the appellant within 15 working days from the date of issue of their letter failing which further action would be initiated by him. The appellant is directed to send a rejoinder on the comments thus received from the respondent before the date for hearing, if any required, is fixed. The appelant usually always is satisfied after receipt of such comments and recommends closure of the case through his rejoinder without the need of any hearing. If however, the appellant through his rejoinder, still feels dissatisfied, the hearing is f ixed by CCIC and his decision is duly informed to the appellant and the respondent for action. It is suggested that NGOs etc may like to take up this matter with SCIC, UP, Lucknow and other SCICs for action if deemed fit in public nterest.
  23. [The title of the news story should read as "RTI Application" and not RTI Appeal--Ganpat] NEW DELHI: In what is a classic case of disparate ways of interpreting the same law, a Right to Information (RTI) request has elicited different responses from different courts, as appellant Shruti Singh Chauhan has discovered. The information that Chauhan asked from three high courts was the same: the total budget; the procedure for the appointment of staff and the vacancies; the number of judgments reserved in each court; and finally the sting in tail the number and nature of complaints against each judge. While the Delhi High Court refused to give information on any of the queries, the fledgling Chhattisgarh HC gave detailed replies to the questions. Interestingly, the Allahabad HC refused the petition asking her to submit separate applications for each item of information and a fee of Rs 500 for each. Chauhan had filed the RTI request asking for information on the total budget of the particular court along with a break-up of the amount available with each department, the number of judgments that have been reserved and since when, the number of complaints against each judge serving in the court, and procedure for appointment of class III and IV employees and a list of vacancies. In theory, the response of three HCs should have been the same. Surprisingly, Chauhan received varied responses from each court. The Delhi High Court ruled that it could not give information on its budget under rule 4(IV) and 5(a) of the Delhi HC (Right to Information) Rules, 2006. Rule 4(IV) says information on any decision that is taken administratively or quasi judicially...shall be available only to the affected persons while rule 5(a) gives exemption from disclosure if the information which is not in the public domain or does not relate to judicial functions and duties of the court and matters incidental and ancillary thereto. http://economictimes.indiatimes.com/RTI_appeal_gets_3_different_responses/articleshow/2311229.cms
  24. Should a reasonable compensation (even a token compensation) u/s 19(8) (B) of RTI ACT be a part of the Appeal format " Prayer & Relief Sought " section along with a break-up of such compensation in " Grounds of Such Prayer Relief" section ? Recently CIC has awarded a compensation of Rs 1000/- towards harassment of a ration card applicant by Food & Supply Dept ( Ration Officer). Appeal u/s 18 :830/ICPB/2007 (F No. PBC / 07 / 131) In Chair : Ms Padma Balasubramanian - Information Commissioner Decision date : August 22, 2007 Brief Fact : Appeal was preferred by Mr Vijayendra Singh against - Durector of Food Supply for non-receipt of his APL ration card for a long time and there was no response from CPIO to his application under RTI Act. Information Commissioner's notice for hearing was enough to propelthe Rationing Officer in to action and kept the Ration Card ready for delivery. Information Commissioner issued show cause notice to explain the dlay in responding the application under RTI Act and alos imposed a fine of Rs 1000/- u/s 19(8) (b) payable within 15 days from the date of order for harassing the applicant. NOTE : There were no such prayer of compensation. This was awarded by Information Commissioner on su-moto basis. My suggestion is to include the claim of a justifiable compensation as claim with appeal application itself in "Prayer & Relief Sought " section and in "Ground of Such Prayer relief" section.
  25. I had made application under RTI, I have received unsatisfactory reply just within 5 days of filing my application. Now my query is I have to appeal within 30 days, 1) this 30 days will start from the moment I have received my reply under RTI or 2) any time within 60 days of filing my application i.e, Annexure "A"
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