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Found 83 results

  1. bathindaab

    FA with SIC punjab returned

    I filed an appeal an appeal against PIO with the SIC Punjab and sent a registered letter along with (1) RTI application copy (2) Original copies of B forms signed by the PIO (3) letter with details (4) copies of IPO's I also sent the required documents with Email. Now i have received a letter from SIC Punjab where they have returned for not attaching the following documents (1) An index and copies of the documents referred to in the appeal or complaint and original application under section 6 of RTI act. (2) A certificate stating that matter under appeal or complaint have not been spreviously filed or pending or decided by any of the state information commissioner. (3) complaint should be sent in two sets (along with the copies of all above documents) (4) In the address postal PIN code of appellant/ Complainant and PIO should be given. You may re submit your appeal / Complaint as the case may be along with original objection memo after enclosing the above mentioned documents in above serial order. Now i fail to understand (1) original application under section 6 of RTI act. (2) You may re submit your appeal / Complaint as the case may be along with original objection memo after enclosing the above mentioned documents in above serial order. Can anyone help
  2. I submitted my RTI application in a college. In the application, I mentioned I will collect the information in person. For next 40 days , I did not receive any communication from them, though the RTI application have my address and the phone number. So I filed first appeal and within 4 days I got a call that my information is ready and I can come and collect it. They sent me one letter too in which they have mentioned that the delay is not their fault. Since I have mentioned in my application that I will collect my information in person, I should have come to college and collect the information within 30 days. They are claiming that their information was ready. Now I have few questions here : 1)Though it was my responsibility to collect the information within 30 days, they never contacted me. How I will know that the information was ready? Can I counter their claim? Can I fixed the responsibility of delay on them? Any link to a rule or any court order regarding this? 2)In my first appeal, I asked them for free information as 30 days has passed by. They replied in that letter that since it was my fault, I have to pay for information. Can I get it free or I have to pay for it? 3)In the information, I asked the xerox copies of the bank passbook in which they deposit students fees. They replied saying its a private document , so xerox copies of a passbook can't be given. Is it true? Since this institution takes grant from Govt, we have the rights to know their bank details? If it is true, can anybody give me a link of rules related to this or any court order? 4)In the letter they posted me, they wrote that my application for first appeal is cancelled since the delay was my fault. can they really cancel it? I have to go for first appeal again or I have to go for second appeal? I will be very grateful if someone helps me in this regard. Thanks in advance.
  3. Since the CPIO did not respond to my RTI Application for over a month and a half, I submitted the first appeal for deemed refusal to the appellate authority. It appears that the first appellate authority has forwarded my appeal against the CPIO to the CPIO itself, who has forwarded all correspondence [the initial application and the appeal] to another officer asking him to deal with the matter and sent a copy of the letter to me asking me to contact that particular officer for all further details. It seems the CPIO and Appellate Authority are washing their hands off the whole matter, instead of dealing with the case and giving me the information, and asking me to deal with a new officer directly. What do I do now?
  4. Dear learned members A PA has established a RTI cell headed by an officer called nodal officer. The PA has many PIO's and a FAA. The applications are submitted to RTI CELL. One such application was not replied by a PIO even after 40 days and first appeal was submitted to the said RTI CELL addressed to FAA. The 30 days over and no hearing was fixed, on enquiry with RTI CELL, the nodal officer said he has directed PIO to issue the information based on the appeal without the concurrence or even bring the appeal to the notice of FAA. So under these circumstances my queries are as follows:- (1). Whether nodal officer empowered to direct PIO to issue documents by pasing FAA? (2). The 30 days after filing first appeal is over and the documents are urgently required, SIC would be late , approaching the FAA with to consider first appeal at this is it legally valid? (3). Whether the PIO bound by the direction of nodal officer issued on first appeal, the SIC or Consumer court takes congnizance of such directions of the nodal officer. (3). SIC would be late , so looking for valuable suggestions from members on the issue. (4). Looking for comments on the role of the nodal officer under the act regards
  5. prashant.kuls

    RTI first appeal status

    Even after filing RTI for my passport application status, I have not received any information from passport office. It is more than 1 month that I filed the application. Now I have filed 1st appeal using online portal http://rti.india.gov.in The status it is showing as below Action-Status Signed copy awaited What is the meaning of "Signed copy awaited" ? Do I have to send physical copy signed by me to government office for successfully completing the process of 1st appeal? please respond.
  6. madras HC directs FAA to decide FA in 8 weeks madras HC - FAA ordered to dispose FA in 8 weeks.doc
  7. I reproduce relevant paragraphs from judgement dated 02-11-2009 of HIGH COURT OF KERALA AT ERNAKULAM in WP©.No. 31039 of 2009(Y) [available at http://judis.nic.in/judis_kerala/chejudis.aspx. 4. I shall now deal with the contention of the petitioner that the third respondent should have moved the first appellate authority instead of moving the State Information Commission. Section 18 of the Act empowers the State Information Commission to enquire into a complaint that there has been no response to the request to furnish information within the time limit specified under Section 7(1) of the Act. Section 7(2) of the Act states that if the information sought is not furnished within the time limit of 30 days, the application should be deemed to have been refused. Therefore by operation of law a deeming friction is created under which the person seeking information is given the right to file an appeal before the first appellate authority under Section 19 of the Act even though the original authority may not have rejected the application. The mere fact that a person seeking information is entitled to prefer an appeal on the 31st day after his application for information was submitted is not a ground to hold that the State Information Commission is denuded of its power to enquire into a complaint that there has been no response to the request for information or access to information within the time limit of 30 days. It is open to the person seeking information to move the State Information Commission complaining about the inaction of the State Public Information Officer, instead of filing an appeal. The remedies are concurrent and the mere fact that an appeal lies after the expiry of 30 days to the first appellate authority is no ground to hold that the State Information Commission cannot exercise the jurisdiction vested in it under Section 18 of the Act, before the first appeal is disposed of. I therefore overrule the petitioner's contention that the third respondent ought to have filed an appeal under Section 19 of the Act before the first appellate authority instead of straight away moving the State Information Commission. 5. The last contention urged is that the petitioner has not without reasonable cause declined to furnish the information. Ext.P4 discloses that the petitioner was heard on 25.7.2009. His only answer to the complaint levelled against him was that due to pressure of work in the office, he could not furnish the information in time. Apart from that contention he had no other explanation for the delay in furnishing the information. If the said ground is taken as a reasonable explanation, every Government servant can escape from the consequences of non disposal of applications for information within the period of 30 days by pleading that he had attend to other official duties and therefore he could not furnish the information sought within 30 days. After the Right to Information Act was enacted and brought into force, every Government servant who is designated as the State Public Information Officer is bound to discharge the duty cast on him under the Act. He cannot decline to take any action on the requests under the Right to Information Act on the ground that he has other duties to attend to. As the State Public Information Officer, the petitioner has a duty to discharge his functions under the Right to Information Act also. Therefore the mere fact that there was pressure of work on the petitioner, is not a ground to hold that he was not bound to furnish the information within the stipulated period of 30 days.........
  8. gregjenings

    Improper Reply against RTI

    After Filing the RTI enquiring to the actions taken by Registrar cooperative societies against my various complaints and letter against the Management Committe of the society ,Today I received one line reply from Registrar Cooperative Society which says " This information is not kept in complied form however applicant may be asked to inspect the relevant record on any working day during working hours" So now Do I need to file first appeal? If yes what should I enquire in my first appeal?Howshould I frame it? or What should be my course of action against such irresponsible reply? What sort of action/penalty I can demand against the authorized person in this case Asst Registrar? This is the shear case of corruption and nexus between registrar cooperative societies and managing committee of the society. Why didn't the registar ask for relevant information from the Managing Committe .
  9. 1. Is there any lowe age limit under which a citizen of India can't file a RTI application? 2. When PIO does not give any reply, and we write to First Appellate authority for providing information, can we ask for taking some action against the PIO. Is the appellate authority competent to take action or recommend action against the erring PIO? If yes, what should be the language like ....penal action, disciplinary action, departmental action or what and which section of the ACT should be quoted for that? 3. When we write first appeal because PIO has not replied, generally we write in a very very gentle tone to the appellate authority that we have not received the information but i have read somewhere in the ACT that it is deemed refusal of information if we dont get it within mandated time period of 30 days. Can you suggest some particular language while writing first appeal so that it is able to cut the ice? ..i feel it should include the word "deemed refusal and phrases like that. 4. Suppose a person make first appeal and 45 days period is gone and he makes the second appeal to CIC. And after a few days of making CIC appeal, if the applicant gets the information, even then does the appeal on account of late information the complaint sustains? And suppose the info. received as a result of first appeal is incomplete/unsatsifactory, then does the applicant is required to make a fresh 2nd appeal or in continuation to his already filed 2nd appeal for delayed response, can he send those complaints also in continuation to his earlier complaint/appeal ?
  10. Hello, I am a little confused for Why Am I not getting any reply from BSNL? The applications are attached. 10-11-2010: I wrote an RTI application to PIO BSNL, Dumka(Jharkhand) for which an unofficial representative from BSNL office did came to me with my application along with forward from PIO Dumka to local SDO and tried to convince me to stop RTI, whom I ignored but no official response was received by me. (Sent through Registered Post) 03-01-2011: I wrote a first appeal to CPIO BSNL Ranchi(Jharkhand) - again no response. (Sent through Registered Post) 22-02-2011: Last I wrote second appeal to The Appellate Authority, BSNL, New Delhi - no response till date (Sent through Speed Post, Delivered on 01/03/2011) Dont know why they prefer to ignore my RTI. Plz point the mistakes I made like the first appeal should have been sent to 'The Appellate Authority' instead of CPIO. Any points I should have added to better the application. Now Who should be my next application to? Thank You 1st_bsnl_rti_10-11-2010.doc 3rd_bsnl_rti_22-02-2011.doc 2nd_bsnl_rti_03-01-2011.docx
  11. I sent my appeal to FAA but they are compelling me send on prescribe format.it is necessary to send a reply on prescribe format.
  12. Dear Members, I have filed a first appeal to the Vice Chancellor of Bhupendra Narayan Mandal University, after not getting any information from the Public Information Officer of the University. However, even after one month of application, I haven't received any reply from the University VC, what should I do. Please suggest..
  13. rebellion

    RTI reply time limit

    Are the 30days time for replying to a query inclusive of vacations/holidays? I had filed one with a college which is in vacation now. But my query has been passed much b4 the vacation had started. Can I file my first appeal after 30 days of receipt without taking the vacations under consideration?
  14. Let's say I file an RTI application. Do not receive a reply from CPIO within 30 days. File the first appeal with the appellate authority. Receive a reply from the CPIO. But the reply is unsatisfactory. Now, my question is, should I file another appeal with the appellate authority or go to the information commissioner this time? Note that there's still time before it will be 30 days since I've filed the first appeal with the appellate authority. Thanks for replying!
  15. sandeepbaheti

    FAA is also the deemed PIO

    A CPIO transferred my RTI application under Sec 5(4) to his senior officer who also happens to be the FAA. The transfer was made under written intimation to me but I have not received any response thereafter. How should I go about it: 1) Ignore the written intimation and file a normal first appeal against the PIO. 2) File first appeal to FAA jointly against CPIO and deemed PIO (who is same as FAA) 3) File appeal to the head of the PA instead of the normal FAA 4) File direct complaint to CIC citing that one cannot be a judge in his own cause. The RTI application was the standard one on proactive disclosure available on http://www.rtiindia.info
  16. sandeeprajsinghtandon

    First Appeal What exactly happens

    Giving you a small back ground 1) I was told by one of the earlier RTI's reply that my Refund of the Income Tax for yester years is stuck due to PAN Migration that has not happened from Pune to Mumbai 2) This was in the month of August 08. They then made a request to Pune Office for migration of the PAN. They then sat on the same uptil Oct 2008 and after my continous follow up with PUNE Income Tax office they migrated the PAN in the month of Oct 2008(Confirmed with one of the Officers of the Pune ITO over the phone.). 3) Since then i was following up with Mumbai Income tax Office and they went upto the point to tell me that "They dont know where my PAN Is". I then got a phone call from Income tax officer from Mumbai Office and he said that the PAN is still with Pune OFFICE. 4) Finally i resorted to another RTI series.I applied to a. Mumbai Office with 13 questions.: The reply from them came back in 6 days of my query and they said, that "There is some centralization job going on hence they cannot say anything on anymatter of my RTI". I partly knew this, but the servers were going to be up and running in next 5 days, but they hurried to reply inorder to simply DISPOSE Off the queries. I asked them a series of questions ranging from when did my PAN come from Pune to Mumbai. Names of the officers etc. Also General questions like, what are the steps involved in the PAN Migration from PUNE To mUmbai. Steps for refund after PAN Migration is done.Name of the first appellate authority. All i got was a 2 line reply stated above. b. Pune Office with 7 Questions: The reply from them came back in 20 days and they confirmed with some lies here and there that "The PAN has been migrated to Mumbai Office and its under their jurisdiction" c. With this i filed an appeal with Mumbai Office and pointed out that, they have violated sections under which they have not replied to a lot of questions and have not informed me of the First Appellate Authority inspite of that being asked as one of the questions. Now, i know who the FAA and the PIO is. They both do belong to the same office and are sure to have discussed with each other informally before replying. both are ladies belonging to same office. I dont think they would try and make Penalties. Is there any way i can force them for Penalties. I have now attached the reply from the PUNE Office as a "Latest Information" to the first appeal and asked them for answers again. I am not able to attach the files. but here is my first appeal that i have already made. please comment do i have a strong case. To: Date: Jan 26th 2009. First Appellate Authority, CIT 29, DT01 Income Tax Dept, Bandra Kurla Complex, Mumbai -51 Subject: First Appeal under Section 19(1) of the Right to Information Act (RTI ) 2005 against PIO’s response dated 8/1/2009. Sir/Madam, Under the RTI act, I had sought the information regarding my PAN no. ADWPT4467D migration and my Refunds for the assessment year 2007-2008 and 2008-2009(Please refer to the attachment of my RTI Query). I would like to direct your attention to PIO’s response no. PRO-II/DT-01/Grievance/2008-09 dated 8/1/2009(Please refer to the attachment of PIO’s response) which is very incomplete in nature. Here by I appeal for a personal hearing and the following be taken under the appeal. 1. I plead that directions to be issued to the PIO to provide me with the “latest information” in the Question and Answer format (as 1 answer per question thus I would in all need 13 individual answers for 13 individual questions asked). 2. As additional information, please find the reply of my RTI query to Pune Income tax department attached with this appeal. Refer to answers to Questions no. 2 and Questions no. 5 that suggest that PAN is lying under the jurisdiction of Mumbai IT department. 3. I would like to indicate that I was given a very generalist two line answer for my 13 questions that is grossly incomplete and the PIO has not informed me of the first appellate authority. Under Section 7 (8) (iii), it is his responsibility to forward it to the First Appellate Authority incase the PIO is not able to answer the queries. In spite of asking the details of First Appellate Authority as a part of the RTI query, the same was not answered. Please provide a justification for the same. 4. Please communicate the penalties that you would be exerting on the Officer under Section 20(1) and Section 20(2) of the act. 5. I request for an immediate appeal and that the date for my physical presence be communicated to be 15 days in advance. 6. Full name and Contact Details are as Follows, XXXXXXXXXXXX Note: Please forward this appeal to the appropriate authority if you are not the concerned officer under the provisions of RTI. Place: Mumbai.
  17. As per the Act, the FAA is required to record the reasons for delay in writing if he passes his order after 30 days of receiving the first appeal. Is the FAA required to include the reasons in the order itself and provide the reasons to the appellant? Or just writing the reasons is sufficient?
  18. Pl find attached copy of one of my RTI applications: ___________________________________ This is in reference to the following letters written to the Commissioner, ___: A. Letter from ___ to the Commissioner, ___, (copy to ___) No. ___, dtd ___ (photocopy enclosed) B. Letter of Reminder from ___ to the Commissioner, ___, (copy to ___) No. ___, dtd ___ (photocopy enclosed) w.r.t. above letter C. Letter from ___, to the Commissioner, ___, No ___, dtd ___ (photocopy enclosed) w.r.t. above letter The following information is required in reference to the above communication: 1 Daily progress made on above communication from the date of receipt of first communication till date of your reply 2 Names, designations and office addresses of the officials with whom above application was lying during this period and date wise period with each official and details of action taken by him/her 3 Evidence of receipt and dispatch of my application in the offices of each of these officials. 4 Please inform me, according to your rules or citizens charter or any other order, number of days in which such a matter should have been dealt with and resolved. Please also provide a copy of these rules. 5 If the officials/employees have not adhered to the time limit mentioned in rules and are guilty of violating these rules, please give a copy of their conduct rules and details of action taken by the controlling authority against erring officials/employees. 6 In case no action has been initiated for dereliction of duties against erring officials, the reasons be made known to me, with name and contact details of controlling authority of these officials/employees. 7 Please let me know when the applicants are likely to receive reply to above application. 8 Please provide me certified photocopy of file notings held on above application. ___________________________________ In response to that application, the reply that I have received (translated into english) is as follows: 1 - Record not available 2 - details of these are as per para-3 3 - information attached 4 - information attached 5 - information attached 6 - information attached 7 - does not fall into the definition of 'information' 8 - information presently not available ___________________________________ along with that they have provided me photocopy of the movement of the first two letters to a officer who is now retired (who was the culprit behind the matter, and now has taken away the files that can prove his misdeeds - he is still in the organization on special duty), along with a book on the RTI act published by the PA (that is the information attached - it is in gujarati so will take me some time deciphering it) ___________________________________ technically, the reply may be considered perfect. but factually they have not given me any information, except telling me that the letter was forwarded to the xyz officer. does it make a case for First appeal?
  19. kaushik soni

    How can i write first appeal?

    Dear sir, How can i write a application of first appeal in Ahmedabad Municipal Corporation (Ahmedabad Municipal Transport Service ) .So give me a advice about that how can i write first appeal application to applet officer? kaushik soni
  20. Hi, I applied for passport from Lucknow in December 2007 and still waiting for that because its status is "police report not received". While i attended all police verification and police department shown me document that report has been received by Lucknow office. I applied for RTI 2 times but they not given me full information as i asked And my problem is remaining same. So please any member help me what i have to do? Could i take some legal action against that RTI officer? Thanks Arvind
  21. Can a PIO or CPIO convey the decision of the Appellate Authority? I filed an appeal against a CPIO for deemed refusal to the first appellate authority. I was surprised to get a letter from the CPIO saying that the appellate authority had rejected my appeal. I have not received any communication from the first appellate authority. What do I do?
  22. crusadefighter

    First Appeal in RBI

    I had posted an RTI to RBI CPIO, Shri V.S.Das Executive Director, RBI Mumbai. I received an acknowledgment from them that they are working on my query, and will post reply soon, but 30 days have lapsed since both, the original application and the acknowledgment received. Now I want to send a First Appeal, to whom should it be sent.
  23. nukebomb

    Is RTI dead fish???

    sirs . read this carefully . I asked CPIo under what rules certain things were rejected. I asked for the copy of the rule. instead of giving the copy of the rule he gave a copy of a letter which was used as a reference for rejecting certain things.The letter was irrelevant.I appealed .FAA ruled that since that letter was used as reference instead of rule for rejecting , th einformation given is sufficient. FAA said the letter is relevent or not is beyond the scop of the RTI.
  24. 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 ?
  25. The CIC (management) Regulations 2007 says that "Before submitting an appeal or complaint to the Commission, the appellant or the complainant shall cause a copy of the appeal or complaint, as the case may be, to be served on the CPIO/PIO and the Appellate Authorities and shall submit a proof of such service to the Commission". Is is mandatory for the appellant to send the copies of the appeal or complaint to the PIO and the AA before submitting the appeal to the CIC. and also does one have to send the application only or one has to attach the encls also.
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