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PIO desposes application saying questions were asked & documents were not asked for


uniquee

Question

The content of the RTI application made to Public Information Officer in Maharashtra are as follows:

 

Subject matter of information : Information relating to my Case No – XYZ (20/06/2013) at Sub - Divisional Magistrate's Court (Revenue)

 

Description of Information Required:

1) Date of receipt of above Appeal Application by your office, inward number & Present status of the Appeal Application.

2) Daily progress from date of receipt of above appeal application till 08/02/2014.

3) Please inform me provisions relating to quick disposal of Appeal Applications filed by very Senior Citizens. (More than 80 years of age)

4) Please inform me the procedure to avail remedy for Speedy Disposal of my Case No – XYZ.

 

 

The PIO replied in Marathi, English translation of which is as follows:

You have asked about the status of your appeal & not asked about information relating to available documents.

All the related persons to your appeal filed with the Sub Divisional Magistrates Court will be issued notices & hearing will be held shortly.

As you asked interrogative/questions type information (प्रश्नार्थक माहीती) your application has been disposed off.

You can file an appeal in 30 Days if you are not satisfied with this reply to this office.

 

Now please help me in filing First Appeal

1) I don't think any where question has been asked

2) Does the definition of information only mean documents & nothing else available on record.

3) As the RTI applicant is 87 years of age its impossible for him to appear for the hearing of the RTI First Appeal personally so should that be mentioned clearly in the First Appeal.

4) Can a simultaneous complaint be made to the Maharashtra State Information Commission for denial of information?

 

So please help in filing RTI First Appeal.

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Prasad GLN

Please file First Appeal before FAA with prescribed fee/format applicable to Maharashtra.

You are absolutely right. Grounds for appeal: incomplete,incorrect, and misleading information and give details on each point that even in case interrogatories (Though applicant never asked questions and asked information only) if information is available on record that has to be provided. File appeal immediately as time is a constraint. PIO has not considered received by PA is a record. But be practical as you have filed on 8-2-14 and expect immediate action and you know that such things move with snail's pace. Atleast give clear one month time and then follow RTI course as a last resort, as we have to find officials who take RTI Applications in right spirit.

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koteswararaonerella

Hi Uniquee,

 

Tour questions 2 ,3 and 4 are NOT PROPERLY WORDED and thus the PIO to some extent is right.You could have worded

Q3and 4 Is there any specific rule/provision by which Sr.Citizens get preference in hearing if so kindly supply a certified copy of the said order

Q1. Date of receipt of APPEAL with case No. and the stage at whch the disposal stands now and likely time taken to dispose the same ?

Q2: Daily progress is not information and this question can be removed as q.1 WILL TAKE CARE OF 2 also

Any way as suggested by GLN Prasadji, you file FIRST APPEAL and you ask for "INFORMATION" and NOT OPINION/PROCEEDURE and ask for the relavent DOCUMENT/RULE/ORDER then you will get good reply from PIO

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