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Whether RTI query can be from a group of people ?


Jaganmohan Garlapati

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Jaganmohan Garlapati

Hello,

 

Dear All,

 

I have a doubt. whether RTI queries can be asked by a group of people (say 5 Nos) by paying only Rs.10/-. By paying Rs.10/-, whether a group of people can ask for any number of questions (about 20 questions) regarding one govt organisation ?

 

Kindly clarify, pls.

 

Regards,

 

Jagan mohan

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MANOJ B. PATEL

Welcome to RTI INDIA PORTAL. Thank you for choosing RTI INDIA PORTAL.

 

Please click the following link and read through the topics:

 

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Please do not post in to multiple forums or start multiple threads. You need to study links on home page of this website and then start drafting RTI for common problem of specific issues etc. You can post draft RTI application on this portal so that our members can refine it. Thus you will be having working knowledge of RTI over a period of time. Please also visit this website often and peruse queries and replies by our members, which will make you comfortable with RTI.

 

Dear Member, in addition,

 

To explore about RTI kindly refer following links

 

(A) Download RTI Forms

(B) How to Become RTI Activist

© How to file RTI Online

(D) Centre / State RTI Rules and Fees

(E) Case laws of RTI

 

Regard & Best Wishes.

Manoj B.Patel

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MANOJ B. PATEL

Dear member,

 

CWP No.10981 of 2012 (O & M) in Ved Prakash & ors v. Haryana & ors, dated 30.10.2012. High Court of Punjab & Haryana. In para 10, it was held that; " In case more than one individual can file separate application for same relief, they can always file a joint application".

 

So, you can file one single RTI application jointly in multiple names and such multiple signatories.

 

But remember well, you can not ask any questions.

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Jaganmohan Garlapati

Dear Sri Manoj ji,

 

Thank you for the instant reply.

 

I am working in Central Govt orgn and received a letter under RTI from a group of 5 persons. But they have posed around 20 questions regarding appointments, qualifications, Audit replies, advertisements of all the positions filled so far and the details from the inception etc. (for the last 20 years). My question is whether the Govt Orgn is bound to give reply to all their queries (which mounts to very voluminous reply and probably take more time also, for giving a reply to the Applicants)

 

 

Dear member,

 

CWP No.10981 of 2012 (O & M) in Ved Prakash & ors v. Haryana & ors, dated 30.10.2012. High Court of Punjab & Haryana. In para 10, it was held that; " In case more than one individual can file separate application for same relief, they can always file a joint application".

 

So, you can file one single RTI application jointly in multiple names and such multiple signatories.

 

But remember well, you can not ask any questions.

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If the information asked for is very voluminous, then you can offer the applicants "inspection" of the relevant files/documents by taking shelter under Sec 7(9). But you cannot deny the information.

 

So, send them a reply (to the address indicated in the RTI application) and give them a time, date and venue for inspection and keep the records ready for inspection. If there are too many records/files, then you can also offer inspection spread over different days OR request the applicants to reduce the period for which they are seeking information so that you can provide it.

 

After all, the applicants must be from your or a related office.

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koteswararaonerella

You can also read Sec 8 and 9 of the RTI Act which give EXEMPTIUONS and if any of the information falls under that category you can say so in reply that this information is not disclosable and other information you act as suggested above

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Sunil Ahya

I beg to differ, I think you need to provide a point-wise response to the applicant and cannot summarily compel him to take an inspection of the requested information, merely because the information asked for is inconvenient.

 

Please refer to the following links:

 

http://www.rtiindia.org/forum/113847-where-file-subsequent-application.html?highlight=pre-condition

 

http://www.rtiindia.org/forum/111516-inspection-documents.html?highlight=pre-condition

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Prasad GLN

Mr.Sunil,

This is a way of escaping/avoiding as ICs do not consider offering of inspection under denial, though applicant has to be provided information in a form he requested.

When the applicant is prepared to pay the cost, PIO should calculate and send that amount and it is upto applicant to decide.

Mr.Karira is impressed by PIO's query to the forum whereas Mr.NKR advice to find out a reason for some way of denial.

(You are aware that Sec. 7 (9) can not be used as denial as per full bench CIC decision)

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RAVEENA_O

If the information is held by your public authority, please count the pages and advice applicant the amount of further charges, immediately. If 20 items pertain to 20 files, calculate the total number of pages of such file and advice (e.g 20 X 200 pages x Rs. 2 = Rs.8000/-). On remitting the charges, you can supply copy of files to the applicant.

 

This way you offered the information and it is for the applicants to remit money. There will not be any denial.

 

In all probability, intention of such applicants is not getting information, but to put queries to authorities, and therefore they will not remit the amount but go in for first appeal. FAA can hear the parties and offer inspection, if they desire, obtain copies by paying charges as per rule. This way you can supply actual information required by them as also avoid the situation wherein applicant become entitled for free information. When they want to pay, they will only demand what actually want after inspection.

 

My experience is that 99% of such persons cannot identify what they demanded, even when the file is given to them.

 

Even if they go for 2nd appeal they will not be eligible for free information.

 

You are an officer of Central Govt. Don't take tension. Be couragious and make your intention clear.

 

Your action should be immediate.

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Kindly tell ( may i know) Who is Mr.NKR?

 

Yes.may be ,

Honble shri N. Koteswara Rao Ji.

I asked same qns from myself but months ago.

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Sunil Ahya

1. The applicant has requested for information on 20 points (i.e. 20 questions) - The PIO Sir's point of concern is that how can one ask 20 questions for Rs. 10/- i.e. just 50 paise per question !!

 

But Dear PIO Sir, I am sure you will appreciate that he is the master of this country

 

2. Moreover, I suppose that the information cannot be voluminous for all the 20 questions, and therefore how can one offer a summary response to all the 20 questions? One should provide a point-wise response to each of the questions (points of request for information).

 

3. Also please note that 5 persons have jointly signed the RTI application, and so I presume that they must have jointly applied their mind while drafting the application (I mean - just the benefit of doubt).

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RAVEENA_O
Dear Sri Manoj ji,

 

Thank you for the instant reply.

 

I am working in Central Govt orgn and received a letter under RTI from a group of 5 persons. But they have posed around 20 questions regarding appointments, qualifications, Audit replies, advertisements of all the positions filled so far and the details from the inception etc. (for the last 20 years). My question is whether the Govt Orgn is bound to give reply to all their queries (which mounts to very voluminous reply and probably take more time also, for giving a reply to the Applicants)

 

As per Rule-3 of the Central RTI Rules, 2012, an application shall ordinarily not contain more than 500 words excluding annexures and address of PIO and applicant. It also provides that no application shall be rejected only on the ground that it contains more than 500 words.

 

Therefore, please decide the application as suggested in my earlier post. Delay in decision would attract the provision of Sec-7(6) whereby you may be required to supply information free of charge to the applicant after 30 days of receipt of RTI Application in your office. It would be better to advise the further fee/charges immediately and let the applicants remit the charges.

 

Moreover, your duty is to take a decision in terms of Sec-7(1) i.e. either to supply the information or deny for any of the reasons of exemptions. You are only required to say whether the information is either available or not available or exempted under any of the clauses of Section-8 or section-9.

 

You need not give any opinion or view or reply or answer to any of the queries or points raised by the applicant. You need not compile any position or information. Only the document containing the information sought, is required to be supplied as may be available on record, e.g.

 

[TABLE]

[TR]

[TD]Demand by Applicant [/TD]

[TD]Decision of PIO[/TD]

[/TR]

[TR]

[TD][1] Please inform me the date of appointment of Mr xxx[/TD]

[TD]Available in three pages (supply the copy of appointment letter)[/TD]

[/TR]

[TR]

[TD][2] Please inform me the date of promotion Mr xxx to the post of yyy.[/TD]

[TD]Available in three pages. (Supply the copy of the promotion order).[/TD]

[/TR]

[TR]

[TD][3] Please supply the copy of advertisement for published in 1992 for recruitment of Lecturer in faculty of Civil Engg.[/TD]

[TD]The record retention period of Advertisement published in news papers is only two years as per Record Retention Schedule and hence not held by this public authority.[/TD]

[/TR]

[TR]

[TD][4] Please supply me the replies of all audit reports from the year 1999 to till date.[/TD]

[TD]The record retention period of Audit Replies is only three years as per Record Retention Schedule and hence records of only last three years are held by this public authority, which is available in 3 files containing 300 pages.

[/TD]

[/TR]

[TR]

[TD][5] Please supply me family particulars of Mr XXX[/TD]

[TD]Personal information which has no relation to any public activity or public interest and hence qualified for exemption under Sec-8(1)(j).[/TD]

[/TR]

[TR]

[TD][6] Please supply me the combined seniority list of Asst Engr (Elect) and Asst Engr (Civil) as on 1/1/15.[/TD]

[TD]No such information is held by this public authority.

(you need not compile this information)[/TD]

[/TR]

[/TABLE]

 

You must also communicate the details of further fee in terms of Section-7(3)(a) e.g.

 

Thus you are advised to remit Rs.612/- towards 306 pages of information against item no.1, 2 and 4, at the rate Rs.2 per A4 page, by DD / IPO payable to Accounts Officer, ....... Deptt at New Delhi.

 

Above example would give you the intricacies in dealing with such requests.

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