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I had asked for some details from the PIO of Orissa financial Services Corporation. The information was related to some income tax declaration made by him. As per CIC decision this information is public information. The Asst. PIO replied saying that this information cannot be shared. I appealed to the first appellate authority. As i could not find any form or fee details from the website of OSFC I sent a normal letter. Now he has replied back rejecting the request because of this not being in the right format and about fee. Deb
I applied for certain information from a central government authority. Out of 9 queries for information that I requested, I received answers to 6 queries, I was denied answers to 1 query under clause 8(d) of the Act, and was given incomplete information to 2 queries. I therefore appealed to the Appellate Authority of the department against the 1 query that was denied under clause 8(d) and against the incomplete information for the 2 queries. In my appeal, I also asked for additional information/further clarifications on the 6 queries that were answered by the department. I received the Order from the Appellate Authority of the department today. Regarding the denied query, the concerned officer has been directed to either provide the information or else pass a reasoned order that the information so provided is not in the public interest and hence cannot be provided. Regarding the incomplete information, the officer has been directed to furnish the missing information. However, and this is my query to the forum: the appellate authority has denied my request to seek clarifications/additional information on the other 6 queries stating: "Under the Act there is no provision, which empowers the applicant to seek additional information in the appeal stage" Is this posiiton taken by the Appellate Authority correct? Is it better for me to go for a second appeal or is it better to file a fresh RTI application seeking the clarifications/additional information? thanks in advance.
Dear Frnds, I had asked few information from Divisional railway Manager Sambalpur Railway Division, but Pio has just replied avoiding the facts, and the answer is misleading, I had enough prove that the information is incorrect and now I want to appeal to 1st appellate. Kindly help me in how to file appeal and to whom I shall file.
karira posted a topic in Discussions on RTIMany members and guests on the forum have faced a situation where the PIO does not comply with or implement the orders of the First AA. In a recent decision, the CIC has dealt with this matter in a very clear manner and decided: We find that the orders of Shri Satya Gopal, Appellate Authority and Registrar, Cooperative Societies are comprehensive and address all issues raised by appellant Shri Nagar, including the issue of penalty where he has found PIO clearly at fault. However, it seems that these orders have not been complied with. From the facts above, it appears that this is a case of malafide denial of Information by the Pio . However since it is the responsibility of the first Appellate Authority to ensure that the orders passed by it are duly complied with by the Pio , the Commission, therefore, has decided to remand the case back to Shri Satya Gopal, Registrar, Cooperative Societies and first Appellate Authority to ensure that his orders under section 19(1) are duly complied with and the requested information furnished in terms of the order so passed, with the qualification that now, in accordance with Sec 7(9) of the RTI Act, 2005, no fees will be charged. If the compliance is not ensured within 15 days from the date of receipt of this order, the FAA should approach this Commission for initiation of proceedings under section 20 of the RTI Act for imposition of penalty and/or recommending appropriate disciplinary action. This will be without prejudice to the right of the First AA to initiate other penal action under the Indian Penal Code against the Pio for willful violation of lawful orders promulgated by a public servant while exercising statutory powers. The full decision can be viewed at: http://cic.gov.in/CIC-Orders/Decision_06082007_01.pdf What is surprising is the last para (in red) above. Do you think that any section of IPC can be used by the AA against the PiO ? Will he do something like this against a subordinate officer ?
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"
The first AA issued orders to furnish the information required? In how many days the PIO is required to furnish the reply? If more than 30 days no reply is received , what is to be done? If reply is received after more than 30 days what is to be done?