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Showing results for tags 'deemed refusal'.
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hi all, I sought information under RTI application dated 7/9/2017 and application was received by PIO on 11/08/2017 by post. I have received a letter dated 20/9/2017 from PIO on 25/9/2017 by post. I enclosed a self attested photocopy of BPL ration card. But the PIO did not provide information after 41 days of receiving my application and instead he sent back all original RTI application along with BPL card. In the PIO's letter it is mentioned that BPL card is not attested by the Tashildar and suggest that he will provide the information only after resubmitting RTI application along with the BPL card attested by the Tashildar. Hence, I would like to file First appeal. For this I would like to take you suggestions for filing the first appeal in the following points: (1) What would be the reason in this case for the first appeal? (2) What would be the prayer(s)? (3) Can I enclose all documents submitted to the PIO (in original RTI application and copy of BPL card self attested) to the FAA? (4) Is it okay now to provide self attested low income certificate to the FAA? I hope your suggestions will be helpful for me to file proper RTI first appeal. Thank you.
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?
rtiindia posted a post in Section 18 (1)[caption id=attachment_31" align="alignright" width="262] Deemed Refusal[/caption] The Central Information commission has referred a Deemed refusal case back to CPIO even after 11 months of no reply in the decision dated 19.08.2013. In the instant case, the Commission has received a petition on 6.2.2013 from Mr Sunil Kumar against Central Coalfields Ltd. for deemed refusal to his RTI request dated 21.9.2012. The case was heard on 19.08.2013. However, the commission has decided not to inquire into a complaint for deemed refusal, but refer the case to CPIO to now provide information after some 11 months have passed. On the contrary, RTI Act 2005 reads as following: Section 18 1 © read as: 1. Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,— c. who has not been given a response to a request for information or access to information within the time limit specified under this Act; The Commission noted that: 2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI Act, viz., appeals and complaints, this case is remitted to CPIO, Central Coalfields Limited, Jharkhand (along with copy of complaint and RTI-request), with the following directions: (i) In case no reply has been given by CPIO to the Complainant to his RTI-request dated 21.9.2012, CPIO should furnish a reply to the Complainant within two weeks of receipt of this order. (ii) In case CPIO has already given a reply to the Complainant in the matter, he should furnish a copy of his reply to the Complainant within one week of receipt of this order. (iii) CPIO should invariably indicate to the Complainant the name and address of the 1st Appellate Authority, before whom the Complainant can file first-appeal, if any. 3. In case the Complainant is not satisfied with the reply received from CPIO, he, under section 19(1) of the RTI Act, may within the time prescribed, file his first-appeal before the Appellate Authority (AA). 4. On receipt of the first appeal from the petitioner as per the above directions, AA should dispose of the appeal within the period stipulated in the RTI Act. Deemed Refusal The question is whether there is any enforceability of Section 18 1 © for a common RTI Applicant? Can he get the justice (not just the reply) in reasonable time? An RTI application filed on the month of sept 2009 and complaint filed for deemed refusal to CIC on Feb 2013 is heard on Aug 2013 with a direction for CPIO to provide the information; then what's the purpose of bringing to notice of CIC that CPIO has not provided the information in the stipulated time period? Please see the numerous discussions on Deemed Refusal over our forum here!
infogirl posted a question in Ask for RTI SupportSince 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?