next step Who is Mangalore Special Economic Zone Ltd first appeal authority

[markose.tech 0]

I had raised a RTI request to Mangalore Special Economic Zone Ltd. The PRO Mr Ramachandra Bhandarkar replied -

 

"A Case is pending before the Hon'ble High Court of Karnataka at Bangalore, regarding the applicability of the provisions of Right to Information Act to Mangalore Special Economic Zone Ltd.

 

We are therefor returning your postal order ..."

 

 

From this forum I came to know that they do fall under the law.

 

http://www.rtiindia.org/forum/101983-high-court-orders-msez-respond-rti-queries.html

 

But when i talked to Mr Bhandarkar, he said no such order from High Court Exist.

So, I appealed to Karnataka Information Commission.

 

They replied that they are not the First Appellate Authority to the PIO of SEZ Ltd. They did not give any information who the First Appelate is.

 

Can some one help me figure out who the First Appelate Authority is?

Please ask if any more information is needed.

 

Thanks in advance.

[rtiindia 87]

Hi markose.tech and welcome to RTI INDIA- Right to Information! This is an introductory reply and members of our forum shall reply to your specific query shortly.

 

You have just made a post at our community which is dedicated to helping you in matters of Right to Information. If you are new to RTI, you should read this article here What is Right to Information? - Guide. And if you are interested in reading the whole RTI Act please go to the following link: Right to Information Act 2005 [RTI Wiki]

 

PLEASE NOTE: We may not be able to answer your query conclusively, if it is not related to RTI, like finding a mobile number, vehicle registration number etc. These are not related to RTI.

 

markose.tech here are some more links for you to explore about #RTI:

 

1. Download RTI Forms: http://www.rtiindia.org/forum/docs/cat/11-sample-rti-forms/

2. Read here about How to Become RTI Activist

3. Read here http://www.rtiindia.org/law/rti-online/'>http://www.rtiindia.org/law/rti-online/

4. Here you shall find various Centre / State RTI Rules and Fees: http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/

5. Read here about various case laws of RTI: http://www.rtiindia.org/law/

 

Thank You!

[Prasad GLN 1,760]

When PIO replies that Mangalore Special Economic Zone Ltd is not Public Authority, and that the matter is in High Court, you can not seek any information from that Public Authority or make first appeal, unless Court decides their status as Public Authority.

(This forum gives general information, and all may not be knowing such writs filed by some organisations before High Court)

Thank you for posting a valuable information that Mangalore Special Economic Zone Ltd., is not a public Authority till decided by High Court as such.

[harinder dhingra 85]

Learned Mr Markose Sir,

 

MSEZ is public authority under RTI Ac t 2005. Read the following news item appearing in TOI.

 

hd

 

 

MANGALORE: The State high court Justice Mohan Shantanagoudar has dismissed plea of Mangalore Special Economic Zone (MSEZ) Limited upholding the Karnataka Information Commission's (KIC) view that it was a public authority and hence bound to furnish information under Right to Information Act (RTI). MSEZ approached the High Court after the KIC instructed the former to furnish information under RTI stating it was a public authority. MSEZ claimed that it does not come within the purview of the RTI act as it was not a public authority defined under Section 2(h) of RTI Act of 2005.

The high court examined the point whether MSEZ was a public authority or not in detail. It ruled in its judgment dated August 14 that as about 50% of the holding of MSEZ is from government organization like Oil and Natural Gas Corporation limited, Karnataka Industrial Area Development Board, ONGC-Mangalore Petrochemicals Limited. The number of shares held by these three organizations is about 49.96%. ONGC though incorporated under Companies Act, the same is owned by Government of India. KIADB is also a State Government organization. Since 49.96% of MSEZ is by governmental organizations, the judge said it was his considered opinion that MSEZ can be classified as a public authority. The judge stated that as it was a public authority, MSEZ was bound to furnish the information sought for by the public.

[markose.tech 0]

Thanks for the replies dear Sirs.

 

I am also convinced that they fall under the ambit of RTI.

 

They are avoiding reply to my RTI queries. I want to appeal to the First Appelant regarding my RTI query.

 

I do not know how to figure out who the first appelate is. Is there any guidlines for figuring out the first appelate? Or if you know who the first Appelate is please specify.

 

Please advice.

 

Thanks.

[harinder dhingra 85]

Learned Mr Markose Sir,

 

Address your first appeal to

 

The First Appellate Authority under RTI Act 2005,

and send it to the same address where you sent the RTI application.

 

All the very best.

 

hd

[markose.tech 0]

If they are trying to avoid the RTI query, how will it reach the first appelate?

They will keep replying that they do not fall under RTI.

 

Learned Mr Markose Sir,

 

Address your first appeal to

 

The First Appellate Authority under RTI Act 2005,

and send it to the same address where you sent the RTI application.

 

All the very best.

 

hd

[harinder dhingra 85]

Learned Mr Markose Sir,

 

Kindly refer to 5(2) of RTI Act 2005 which states that, QUOTE "

 

(2) Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be:

Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.

" UNQUOTE

 

This sub section 2 of Section 5 of RTI Act 2005 mandates the receiving of first appeal for onward forwarding to FAA (First Appellate Authority) and as such CAPIO/SAPIO is duty bound to forward the first appeal to FAA.

 

Now coming to your apprehension that here again the CAPIO/SAPIO would take the same stand as taken by SPIO/CPIO earlier of maintain the said authority not falling under Section 2(h) of RTI Act 2005. In case he/she does so then you to file second appeal before SIC, Karnataka for denial of information as stipulated under Section 7(1) read with Section 7(2) of RTI Act 2005 and pray to Hon'ble Commission for penalties and appropriate action against the delinquent SPIO/SAPIO under Section 20(1)(2) of RTI Act 2005.

 

hd

[karira 5,896]

Please read:

 

http://www.rtiindia.org/forum/95808-whether-mangalore-sez-limited-comes-under-rti.html

 

http://www.rtiindia.org/forum/102532-new-file-added-mangalore-sez-pa-under.html

 

http://www.rtiindia.org/forum/101983-high-court-orders-msez-respond-rti-queries.html

 

==============

 

Maybe the Mangalore SEZ has approached the Supreme Court and got a stay order.

 

Ask the PIO to give you the case number and from which Court is the stay. Quote him the above judgment of Karnataka HC and ask him if it has been appealed against. This way, he will know that you have done your homework and respond properly.

[harinder dhingra 85]

With due respects to Learned Mr. Karira Sir, I am of the view that you file first appeal also which would help you at the time of second appeal.

 

hd

[koteswararaonerella 8]

harinder dhingra ji , your detailed comments on mangalore economic zone are verymuch usefulfor the forum members in this connection , i would like to pointout AWHO (army welfare housing organisation) which is having substantial/financial support from the government of INDIA ,moving court after court to get itself out of RTI and the Delhi highcourt has given a favourable in their favour , thereby thew defence personal both working and retired who have booked flats/ villas have been charged abnormally by AWHO without assigning any reason nor they are responding to RTI claiming that they are not PA.

you need to kindly look into this also .

[harinder dhingra 85]

Yes Learned Mr. Koteswararaonerrella Sir,

 

We need to follow that up also.

 

We shall do that also.

 

hd

[Prasad GLN 1,760]

Has not SC struck down AWHO appeal ?

[karira 5,896]

Has not SC struck down AWHO appeal ?

 

Any references ?

 

As far as I am aware, a division bench of the Delhi HC ruled that AWHO is not a PA.

Please read:

 

http://www.rtiindia.org/forum/docs/court-judgements-rti-issues/597-deli-hc-division-bench-awho-not-public

[Sunil Ahya 783]

If they are trying to avoid the RTI query, how will it reach the first appelate?

They will keep replying that they do not fall under RTI.

 

> Please have patience and follow the RTI process diligently, and most certainly you will succeed.

 

> Please refer to the following links to learn about how to proceed further:

How to address a First Appeal when a PIO has not provided the details of FAA?

 

RTI Act offers three levels to obtain a required information.

 

Flow of a RTI application, once having been filed.

 

Time limits under which I will get the information.

[harinder dhingra 85]

Please have patience and follow the RTI process diligently, and most certainly you will succeed.

 

Learned Initiator of this thread,

 

As suggested above, please file first appeal and post it to the SAPIO at same address and wait for 45 days. Kindly come back with the results/no results and then we will address that also.

 

You shall get the information if you follow the procedure.

 

harinder dhingra