Jump to content
  • 0

I have been called for hearing what to do..?


nile0611

Question

nile0611

My bldg which is constructed some 1 year back I drafted an application stating "I want to inspect the stilt parking area, fire refugee area and basement of the Bldg, As per Section 2(j)(i)"

 

But unfortunately Municipal Corporation refused to give information stating that the information does not falls under purview of RTI.

 

I have made First appeal against the same, I have been asked to attend hearing.

 

Now I have never attended any hearing, I don't know what to do?

 

I request you to please guide the procedure and some do's and dont's to be followed during hearing.

Link to post
Share on other sites

Recommended Posts

  • 0
  • Super Moderator
ganpat1956
Nile,

 

No need to panic. I am sure that the PIO and AA know less than you.

 

 

Nile, Karira is right. They not only know less, but in all probabilities, they would not have read your application and appeal properly and understood the grounds of your appeal.

 

Therefore go through your case several times and be ready to putforth all the points of your application/appeal verbally before the AA once again. Don't ever assume that they would have read all these points which are already there in your appeal. Simply repeat them again.

Link to post
Share on other sites
  • 0
Satish Gupta

If you are still not convinced that you will do just great, have someone familiar with RTI read your application and the response from PIO. If PIO has given sections of RTI, under which he has rejected your application, look up those sections and find some decisions of CIC, that are in your favour.

Link to post
Share on other sites
  • 0
maneesh

That a whole lot of information about how to handle an appeal Karira.

 

Nile please go through this judgment of CIC

http://www.google.com/url?sa=t&ct=res&cd=1&url=http%3A%2F%2Fcic.gov.in%2FCIC-Orders%2FDecision_01022007_1.pdf&ei=44GMRunlO6OGsAKQmumZDA&usg=AFQjCNEPM4_Yoxb4tmq4kGEvV3KbtuobbQ&sig2=mcYCOoQjRasgsZAZ51OX4A

 

we find that there is in fact no information sought but only inspection presumably

u/s 2 (j), which includes inspection of work. This will have to be read with the

wording of the Section as a whole, which allows access to information held by or

under the control of a public authority. In this case what has been sought is

inspection of work to be executed, and not work already completed and therefore

capable of being ‘held’ or ‘controlled’. The reference in the section is clearly

towards physically accessible work entailing expenses in execution, transparency

in inspection of which is in keeping with the principle of accountability. Read with

Section 8(1) (j) of the Act, which protects privacy of service files, we find that the

action sought is not ‘information’ as defined in the RTI Act, 2005.

Link to post
Share on other sites
  • 0
Nile,

 

11. Do not speak more than necessary..be to the point and stick to

the subject on hand.

 

Just the above is enought. Most AA are well educated blokes. Dont try to fool them. They must be seeing more than 4000 new people per annum and being short of time, would like people who talk to the point ;-)

 

Manoj

Link to post
Share on other sites
  • 0
  • Super Moderator
ganpat1956
i'm a part of the general public once out of my office and share all the problems with the millions of citizens of this great country of mine.

 

Hats off to you Chanda for this approach of yours!!! We are really honoured to have you amongst us.

 

On some of the other points, I refrain from making any observation.

Link to post
Share on other sites
  • 0
what matters in any personal hearing is the relavance of the point raised and the question of law involved. every other thing takes a back seat.

 

why some people are trying to create an artificial difference 'govt servants and the rest' beats me. we are all part of the same society working for a purpose.

 

Chanda_s, the first para is to the point. Lets hope everybody follows this.

 

Regarding the next para above, folks have a right to their opion, so let not the artificial difference bother you. Once you make them understand, like the soldier who is citizen and goes to war to defend his coutnry, you too are a citizen who has been given an opportunity to serve the country in form of Government Service.

 

This way, I bet folks would understand you better.

 

Manoj

Link to post
Share on other sites
  • 0
nile0611

Thanks to all the members for advice.

I told Appellant Authority that I want to carry out inspection, first he denied for the same, then I showed him section 2(j)(i) and after that he agreed for the same. He told his PIO to arrange for inspection within seven days. Now more than fifteen days have passed I heard nothing either from PIO nor from A.A. I don't have anything in writing expect my signature in the register.

 

What Should be my next steps.

Link to post
Share on other sites
  • 0
  • Super Moderator
karira

Nile,

 

I suggest that, before 30 days are over from the date of your meeting, with the AA, please send a letter or submit a letter to the AA recalling your meeting on xxx date and xxx time in xxx office and stating that the AA had instructed the PIO to arrange for inspection within 7 days. State that although more than 15 days have passed, no further developments in this matter.

Preferably do this immediately.

Get a copy of the letter duly stamped and dated.

Link to post
Share on other sites
  • 0
nile0611

Karira thank for the prompt reply, There is now another turn in the story.

I went to PIO regarding inspection as it was mentioned in his hearing.

PIO told me that A.A has denied give inspection as the same is private property. They have come to this conclusion after discussing matter with SIC

Link to post
Share on other sites
  • 0
  • Super Moderator
karira

Nile0611,

 

My long nose smells "bad fish" in this whole episode.

If you do not want to give me details on a public forum , please send me email or pm and tell me the "background" of how all this started and why you wanted inspection.

 

1. The AA has to give a spoken order or a written order.

2. The spoken order has to be on record with something like

"spoken order given..." on the file.

3. Neither the PIO nor the AA (or even a applicant) can go to

SIC and "discuss" a matter or consult them.

Does a Petitioner or a Respondent go to the Judge in a court

and ever discuss anything ?

The SIC is a Judicial body with powers of a court.

They cannot discuss anything with anyone, off the record.

4. I feel the PIO is trying to take you for a ride.

Since matter is "hot" please go back to the PIO today itself and tell him

to give you everything in writing , otherwise you will complain to

the SIC for delay and AA giving orders which PIO does not listen to

and act upon.

5. Immediately give another RTI application to the same PIO asking about

what happened to the original RTI application, the complete process AND

also ask for seeing the complete file with file notings.

Clearly mention that you want to take certified copies of certain

documents and notes on the file during your inspection.

Try to give this application to the PIO just after finishing your talk based

point 4 above.

Link to post
Share on other sites
  • 0
  • Super Moderator
karira

Nile0611,

 

Just another thought.

Apart from above, please also CONTINUE with giving the letter to the AA as indicated above in the earlier post # 13.

This way you will "block" all possible exit routes.

Link to post
Share on other sites
  • 0
sidmis

3. Neither the PIO nor the AA (or even a applicant) can go to

SIC and "discuss" a matter or consult them.

Does a Petitioner or a Respondent go to the Judge in a court

and ever discuss anything ?

The SIC is a Judicial body with powers of a court.

They cannot discuss anything with anyone, off the record.

 

I have to revive this old post after so many months. Since I have a similar issue (Plz see quoted text) & I do not want to clutter this forum.

 

I was denied file inspection under similar pretext.

 

The SPIO informed me that She has sought clarifications from the Registrar of the SIC and file inspection shall be made once clarifications received from the REGISTRAR?

 

I am attaching a portion of the said reply for the members to see and comment.

 

Also please give your comments on "Apply Separately" reply on various queries?

 

Sidharth

 

 

th_PIO_Reply_2.gif

Link to post
Share on other sites
  • 0
  • Super Moderator
karira

sidmis,

 

Under Orissa RTI Rules and Orissa SIC appeal procedure, the registrar is not vested with any powers to offer free consultancy, advice, suggestion to either the appellant or the respondent or any third party - officially or privately. He also does not have any powers to decide any appeal/complaint officially.

 

Immediately file another RTI application with this PIO asking:

 

Under what section of the RTI Act OR any other Act/Law in force, has she taken this step to seek clarification from the registrar of SIC.

 

Under Section 4(1)(d) please give me reasons for this "administrative decision" to consult the registrar of the SIC, since I am a affected person.

 

Ask for inspection of complete file relating to this RTI application.

 

Simultaneously (to block all exit routes), file a RTI with the Orissa SIC asking them for certified copies of any rules/ regulations/ etc..whereby any citizen, Public Authority or third party can approach the Registrar for clarification/suggestion/advice/etc.

Link to post
Share on other sites
  • 0
sidmis

Simultaneously (to block all exit routes), file a RTI with the Orissa SIC asking them for certified copies of any rules/ regulations/ etc..whereby any citizen, Public Authority or third party can approach the Registrar for clarification/suggestion/advice/etc.

Already Done. Reply awaited from PIO of OSIC.

 

What about "Apply Separately" issue?

 

Is it advisable to go for complaint or FA?

 

Sidharth

Link to post
Share on other sites
  • 0
  • Super Moderator
karira

 

What about "Apply Separately" issue?

 

Is it advisable to go for complaint or FA?

 

Sidharth

 

Depends on the wording of your original RTI Application.

Better to go for First Appeal - much easier, cheaper and faster.

Link to post
Share on other sites
  • 0
vikrambakshi67

Is there a E book in pdf format on RTI book available that i can carry with me.

 

Also what if they are laying a trap for me by cornering me with absurduites. I know i will have to brave it out

Link to post
Share on other sites
  • 0
dillip kumar mohapatra

In my view dress is not important. They will not give you jobs.They are calling you due to the RTI act. I did not agree that RTI book is required.Yes it is required to go through your act which you refer in appeal.Where required you can ask them to show the act. Every body doesn't carry the law for fighting.

Main thing you should be bold to ask the thing which you have asked. Behave politely but rightly. Try to present your views with logic.

Link to post
Share on other sites
  • 0
vikrambakshi67

Main thing you should be bold to ask the thing which you have asked. Behave politely but rightly. Try to present your views with logic

 

I agree with u sir

Link to post
Share on other sites
  • 0
vikrambakshi67

Sir

 

RTI act text is of course available but i have seen some books like RTI digest of cases explaining each case in depth.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
      119,604
    • Total Posts
      427,633
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy