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Found 16 results

  1. I raised RTI to sports development authority of India on January 31st 2018 but still i didn't get any response, also i submitted first appeals, stilk same. Nothing happened via online portal. Do anyone have any idea what should i do next or i need to be silent until they reply?
  2. 11 downloads

    A perusal of Section 20 of the Act shows that it makes a provision to impose penalty either on Central Public Information Officer or the State Public Information Officer. However, there is no provision to initiate a departmental inquiry against the First Appellate Authority as per the Section 20 of the Act.
  3. In case of decision of the FAA to provide information, what is the time limit for CPIO to provide information? Till what time should a Citizen wait till he files second appeal?
  4. I asked one of the information from Public Authority. The concerned PIO provided partial information without giving reasons for the leftover information. I went in for First appeal to FAA. As I was away from hometown, meetings with FAA was not possible though I indicated in the first appeal itself that in person presence is not desired due to my current academic interests. My repeated pleas (almost 08 Nos.) to FAA to pass the order in-between yielded no relief. FAA passed the order after almost three (03) months of date of receipt of appeal. The order states that information can't be provided as it is third party information under section 8. My query is - is FAA justified in passing such an order? Can FAA be penalized if I went ahead for second appeal? Thanks and regards.
  5. First Appellate authority (FAA) under RTI Act rejected the Appeal just because it was filed beyond 30 days, in the pretext that "There is no provision under RTI for condoning the delay in filing the appeal". The commission retreated Section 19 (1) of RTI Act and directed FAA that "the First appellate authority should not reject the first appeal filed beyond the prescribed period without hearing the appellant and consider the reason of delay." First appellate authority should have considered the reasons for delay proposed by appellant as proviso to section 19 (1) of the RTI Act provides: “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.” For RTI Discussions and help, log on to our forum here! No provision for condoning the delay in filing the appeal Earlier the FAA had rejected the appeal by stating that appeal is delayed beyond prescribed period of 30 days. The same has been filed after delay of more than three years. There is no provision under RTI for condoning the delay in filing the appeal. The decision can be read here: CIC_SA_A_2015_001375_M_177829!
  6. The Supreme court in Appeal (civil) 3320-21 of 2001 - INDIAN NATIONAL CONGRESS (I) Vs. INSTITUTE OF SOCIAL WELFARE & ORS.DATE OF JUDGMENT: 10/05/2002 explained in detail between an administrative act and quasi judicial act. The Supreme court held - The legal principles laying down when an act of a statutory authority would be a quasi-judicial act, which emerge from the aforestated decisions are these : Where - (a) a statutory authority empowered under a statute to do any act (b) which would prejudicially affect the subject © although there is no lis or two contending parties and the contest is between the authority and the subject and (d) the statutory authority is required to act judicially under the statute, the decision of the said authority is quasi-judicial. Applying the aforesaid principle, we are of the view that the presence of a lis or contest between the contending parties before a statutory authority, in the absence of any other attributes of a quasi-judicial authority is sufficient to hold that such a statutory authority is quasi judicial authority. However, in the absence of a lis before a statutory authority, the authority would be quasi-judicial authority if it is required to act judicially. Mere presence of one or two attributes of quasi judicial authority would not make an administrative act as quasi-judicial act. In some case, an administrative authority may determine question of fact before arriving at a decision which may affect the right of an appellant but such a decision would not be quasi-judicial act. It is different thing that in some cases fair-play may demand affording of an opportunity to the claimant whose right is going to be affected by the act of the administrative authority, still such an administrative authority would not be quasi-judicial authority. What distinguishes an administrative act from quasi-judicial act is, in the case of quasi-judicial functions under the relevant law the statutory authority is required to act judicially. In other words, where law requires that an authority before arriving at decision must make an enquiry, such a requirement of law makes the authority a quasi-judicial authority. It must be borne in mind that another test which distinguishes administrative function from quasi-judicial function is, the authority who acts quasi-judicially is required to act according to the rules, whereas the authority which acts administratively is dictated by the policy and expediency. Based on the clarifications provided by the supreme court it can be concluded that (a) The First appellate authority is a quasi-judicial authority. (b) A public information officer, who is bound by the statutory third party procedure under the RTI act, 2005, when dealing with third party information issues a notice of hearing to third party, thereby becomes a quasi judicial authority. The decision of the supreme court is attached with this post. Apex court - Explanation of the terms administrative function and quasi judical function.pdf
  7. The First Appellate Authority (FAA) passed the order stating that because the RTI Applicant did not appear, it is assumed that RTI applicant has nothing to say and thus the appeal is disposed of. The RTI applicant complained that the First Appellate Authority sent hearing notices and when he went to his office, he would not facilitate the hearing. The hearing of the first appeal was postponed for 5 times because of which he has to suffer lot of inconvenience and lose all working days. Information Commission noted that this reflect a non ­serious attitude towards the first appeal hearing and amount to violation of statutory provisions which is limiting the period of hearing to 45 days and passed the order that after giving the due notice of hearing, it is the duty of the FAA to consider the written appeal of the appellant even if he is not present on the date of hearing and decide on the basis of the material before him whether the appellant is present or not. The RTI Act, 2005 provides the first appeal before the designated senior officer of the same Public Authority, with a view to provide a quick hearing and address the problems/grievance, if any, and clarify the doubts of the RTI applicant. Compelling the appellant to take 5 rounds for just first appeal was not proper. The Public Authority has a responsibility under the RTI Act to conclude the hearing. Presence of RTI Applicant Sh. Ashok Kumar RTI Applicant submitted that through his three RTI applications dt. 8­10­2012, 8­ 10­2012 and 20­10­2012 to SDM(Hauz Khas/Mehrauli) , GNCTD, he is seeking information regarding the procedure for issue of SC Certificate, OBC certificate and the Birth Certificate and other related details. The PIO replied in all the three appeals on 27­11­2012, 7­11­2012 and 16­11­2014 providing the information. The appellant made first appeals in all the three cases, whereby the FAA by his orders all dated 8­3­2013 disposed of the three appeals stating that the PIO/SDM(HK) has given the reply to the appellant and as the appellant did not appear before him during the hearing, he has nothing to say in the matter. Extracts of Decision (as available in the CIC website here!) The appellant complained that the First Appellate Authority sent hearing notices and when he went to his office, he would not facilitate the hearing. The hearing of the first appeal was postponed for 5 times because of which he has to suffer lot of inconvenience and lose all working days. The Commission recommends the FAA to take notices of hearing seriously and hear the appeal on the day scheduled without adjourning the same unless there is a compelling reason. Differing the first appeal 5 times in this case, reflect a non­serious attitude towards the first appeal hearing. The RTI Act, 2005 provides the first appeal before the designated senior officer of the same Public Authority, with a view to provide a quick hearing and address the problems/grievance, if any, and clarify the doubts of the RTI applicant. Compelling the appellant to take 5 rounds for just first appeal is not proper. The Public Authority has a responsibility under the RTI Act to conclude the hearing. The appellant submitted that the first date fixed was 2­1­2013 and finally it was heard on 5­3­ 2013. This shows that the First Appellate Authority has taken more than 45 days and made the appellant to visit his office 5 times. This will amount to violation of statutory provisions which is limiting the period of hearing to 45 days. Relevant Portion of the Section is reproduced hereunder – Section 19 Appeal:­ “(1) Any person who, does not receive a decision within the time specified in sub­section (1) or clause (a) of sub­section (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. (6) An appeal under sub­section (1) or sub­section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty­five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. “ The Public authority is expected to avoid such things. Ultimately it is not known whether the FAA has passed any order or not. The FAA order dt. 8­3­2013 shown to the Commission today during the hearing, reveals that because the appellant did not appear, the FAA assumed that he has nothing to say and thus the appeal was disposed of. The Commission recommends that after giving the due notice of hearing, it is the duty of the FAA to consider the written appeal of the appellant even if he is not present on the date of hearing and decide on the basis of the material before him whether the appellant is present or not. 5. In view of the above, the respondent authority is directed to facilitate inspection of the record to the appellant in all the three cases, so that he can see the files which provide for procedure available and requirements for procuring SC certificate/OBC Certificate/Birth Certificate and he can seek photo copies, which can be given, on payment of costs. Inspection may be facilitated within 2 weeks from the date of receipt of this order. You should read the blog post here to know more about the presence of applicant in front of First Appellate Authority here: Is it Mandatory to appear for Hearing by First Appellate Authority? Do you have anything to add to the above decision. Please post it in the comments below, or if you want to ask our experts a question, head straight to our forum and ask. Here is the link to our forum!
  8. Hi, I am planning to send my application/complaint to First Appellate Authority. Need guidance in filing the application/complaint. The background for the issue I am facing is pasted below for your reference:- I had purchased a flat in 2009. Since then (till date), the property details are not updated properly in (Bruhat Bangalore Mahanagar Palike) BBMP Records. I had submitted applications for updating BBMP Records, as well as correction of particular property tax records two years ago. But, in response to my applications no actions were taken (no corrections were done). Ofcourse, they made me run like a dog from one office to other and made me wait hours in their office. Thus, eventually, I thought of taking help through RTI. The thought process was that since questions under RTI ACT should be of Public Interest, I should not be asking specific questions related to my problem. Hence, I thought of asking information in phases:- Phase 1: I would seek the prescribed formalities by BBMP Phase 2: I would seek information regarding escalation of issue when BBMP does not do the needful after me adhering to above listed formalities. Thus, as per above plan of action, I filed the following RTI through Indian Speed Post. As far as payment of RTI fees is concerned, I purchased two "Indian Postal Orders" of Rs 10/- each and attached along-with my RTI application. Since, I was not sure about what to write in "Payable To" field in the Indian Postal Order, I left the field blank, and entered my name in field "Paid by". Date: 16/04/2013 To, Public Information Officer, Assistant Revenue officer, HAL Sub Division, Vibhutipura, Bangalore-37 Sub: Application under the RTI Act, 2005 Sir, Under the provisions of RTI act 2005, please provide the following information: After registration of Absolute Sale Deed for a flat from a Builder (B-Khata property): 1.What documentations and formalities should be done by the new owner at BBMP office? 2.What is the procedure to be followed by the new owner to ensure that the Property Tax receipts carry new owner's name? 3.From the date of application to update the BBMP records pertaining to the property, in what duration does the new owner's name gets updated in BBMP records? 4.From the date of application to update the BBMP records pertaining to the property, in what duration does the old owner's name gets deleted from BBMP records? 5.What is the procedure to ensure that the Property details get updated on BBMP website? 6.When will the updated property details be accessible from BBMP website? 7.What is the procedure to ensure that the Property Tax payments can be made through BBMP website? I am depositing the application fee (Rs.10/-) separately towards application fees for this RTI. If you feel that above requested information does not pertain to your department then please follow the provisions of Section 6(3) of the RTI Act, 2005. Also as per the provisions of the RTI Act, 2005 please provide the details (Name and Designation) of the first appellate authority w.r.t to your department with the reply to the above request, where I may if required file my first appeal. Till 3rd June 2013, I have not received any reply from BBMP. Thus, I am planning to file application/complain to 1st Appellate. When I inquired at BBMP office about address for 1st Appellate office under RTI, they responded that they have not heard of this term and thus are unable to share any information regarding the same. Later, I visited frmknowpio, selected "Urban Development Department" and "Bangalore Mahanagar Palike". In the available list, I came across 14th enrty in Column 1 "Appellate Authority" with following details:- Revenue Officer (East), Mayohall, Residency road, bangalore ,560025, Phone Office :22975832. For the purpose of verification, I called at office address, and was told that my area (Ward 81) does not come under their office, and thus, they warned me not to send any application to them. With above background, I am planning to send my application/complaint to First Appellate Authority as following:- Date: 25/05/2013 To, Revenue Officer (Appellate Authority), Mayohall, Residency Road, Bangalore-560025 Sub: Application to Appellate Authority under the RTI Act, 2005 Sir, Under the provisions of RTI act 2005, on 16th April 2013, I had filed an RTI. A copy of the same and POD are attached with this application for your kind reference. With this application, I would like to request you to kindly take appropriate action. Please guide/correct me on my RTI application filed on 16th April 2013. Also, guide/correct me on my application/complaint to First Appellate Authority.
  9. Since the appellant pays 20 rupees for the first appeal, and even after 45 days from the FAA receiving the Appeal, the FAA does not hold a hearing on the matter, does the appellant file a consumer complaint with consumer court for no hearing as a "deficiency in service", since the second appeal nowadays would take no less than 2 years to be heard.
  10. I have applied under RTI to district collectorate for a district collectorate orders dated to 1958. I got the reply saying that the "file is not found". I have reapplied asking the below details as I found somewhere on this forum. I request you to kindly let me know following details in connection to these missing/not traceable record [hereafter referred to as “said record” for brevity]: 1. Please provide me certified photocopy of pages of registers where the said record were last recorded to have existed. 2. Name, designation and office address of the officers and other staff of the office who had last custody of the said record. 3. Date when your office first came to know that the said record is missing. 4. Details of efforts made to trace out the said record till date of your reply. 5. Certified copy of FIR filed for the missing/non-tracing of said record. In case if FIR is not filed till date of your reply to this application, reasons for it be also made known to me. 6. Certified photocopy of departmental guidelines for preservation and safe custody of records. 7. Certified photocopy of report made by your office to your higher officers and their reply on the matter of the said records. 8. Details of departmental action initiated against erring staff for the said record. 9. Certified photocopy of last audit queries and replies thereto in connection to said records. 10. Certified copy of record evidencing last periodical verification/inventory of old records undertaken by the dept/office as per prescribed procedure. If no inventory/verification is undertaken, reasons thereof be made known to me. 11. Name, designation and full address of the office where additional/duplicate copies would be available of the said record. 12. Please let me know if it is possible to retrieve the said record from computers. 13. Please provide me a sworn affidavit to this effect. 14. Please provide me a copy of record keeping procedure and policies It is already 35 days past and I didn't received any information from the collector. What should I do further? Who is the first appellate authority over district collector. Whom should I apply now and what is the process. Someone kindly guide me. Thanks in advance. Regards, Chandra Mohan
  11. 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?
  12. Are the Appellate Authority of all PAs are in the oath under RTI? How can their office and/or decisions are treated as quasi-'judicial' without an oath under RTI!
  13. dibakark

    First Appellate Authority

    The First Appellate Authority should be senior to all the Public Information Officers within the unit of a Public Authority concerned
  14. In a recent order IC SM has observed that: http://cic.gov.in/CIC-Orders/SM-01042009-11.pdf In this case, we also noted that the first Appellate Authority did not pass the order himself on the appeal filed before him but asked the CPIO to convey the order on its behalf. This is not permissible. The first Appellate Authority has to hear the appeal himself and give an opportunity of hearing to the Appellant and pass the order. It is not correct to delegate this function to someone else.
  15. 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?
  16. ravidurairaj

    Inconsistencies in reply

    Our organisation has its head office and divisional offices located at different places. Some employees of the Head Office and some working with the divisional offices had taken recourse to RTI Act for soliciting certain information and submitted their queries separately. Now, in some of the common queries, different answers are received in reply , does it amount to inconsistency of information? If yes, what is the suggested course of action now?
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