Response as "Application rejected as the necessary Rs10 court fees receipt is missing" with the application

[silverbullet 0]

Hello experts,

 

I am from Tamilnadu, I have given for transfer of patta several months back, every time some one call from office and ask to come in person and then say it is pending in 'X' office or "Y's" office

 

So i filed an RTI applicationto get to know details, ..

 

I pasted 5 nos of 2 Rs Court stamp in the application next to the sender's address along with all the proof of applications for transfer of patta. They responded after 30 days saying the village and survey number is not clearly stated so we cannot reply to your questions

 

Even though its clearly evident in initial application, I responded to their reply stating the survey number and village in words (This time since its a reply, there were no stamps affixed by me)

 

After 30 days of my reply, i have received a response saying that your application is rejected since you did not attach the receipt of RS 10 court fees ! !

 

Do i have to attach court fees stamp every time ?

If the stamp was missing, the PIO should have stated that in his first reply right ? instead he said survey number and village is not clear !

 

How do i proceed ?

 

Kindly advice

[MANOJ B. PATEL 21]

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

 

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Regard & Best Wishes.

Manoj B.Patel

[jps50 1,580]

Please file fresh RTI by referring:

 

TN

TAMILNADU RIGHT TO INFORMATION RULES - Guide

 

You need to paste court fee stamps on the top. Please retain photocopy of completed RTI application with stamp and signature etc.

[Prasad GLN 1,781]

SPIOs have become very smart, and applicants has to learn more skills.

First PIO rejected the application at the eleventh hour stating that information solicited is not clear. Applicant should have specifically referred the reference of first RTI Application and PIO response and should have clarified the matter.

It is presumed that applicant has filed fresh application with clear details/particulars but without fees seeking same information, and SPIO might have treated that it is fresh application.

If it is local just seek return of the old RTI neither denied or provided back , remove those stamps and paste them on second RTI.

Learn by these experiences and now file fresh RTI with clear details (if possible duly typed and enclosing a copy of document if any) with fresh court fees without giving any opportunity to prolong the issue further on silly matters as amount involved is nominal.

[silverbullet 0]

Thank you all for the responses,

 

More than filing out a fresh form, i would like to know where i went wrong in the previous one, so that i will not repeat it in the future...

 

To the PIO, I have refereed my response to his reply which was for my original application

Following is my response when they sent out a letter saying that village and survey number are not clear

 

 

Sub: Response to your reply (dated 12-Jan-2015) regarding my application dated 16-Dec-2014 under the Section 6 of the RTI Act-2005 – reg.,

 

 

Dear Sir/Madam,

 

I received your response and thanks for the same. I see that you have mentioned about missing details such as Village name and Survey number

 

I would kindly like to bring it to your notice that these details are already attached as Reference number 5 in my original application

 

For your convenience, I am here with mentioning those details below again and attaching the same proof which was submitted with my original application earlier.

 

Village : Aaxxxx

Survey No : 14/2yy and 16/2yy

 

Ref: Proof of sub division fees paid on 18-08-2014 (REF No.5 in original application)

 

 

This was my response. Now tell me where i have went wrong ?

Is it fair for the PIO to have rejected my application saying that with the reply posted above i did not affix the 10RS stamp ?

 

Is it advisable to appeal to the State PIO to proceed further or file a fresh RTI petition with the same PIO again ?

[Prasad GLN 1,781]

We at the forum always advise to focus on Information and not in prologing simple issues through correspondence. Who is right ? What is wrong ? are hypothetical. When we want information, we should always try to get it at application level as further appeals make more delays for uncertain result.

[RAVEENA_O 529]

While you process new RTI Application to same PIO, seeking same information, prefer an appeal before First Appellate Authority on the ground that the PIO malafidely rejected your application, though full details of survey No. was available in initial application, on the fictitious ground that survey no. was not provided. Attach copy of original RTI application hilighting relevant portion. When better particulars were provided connecting PIO's letter and clarifying PIO's mistaken view, the PIO was required to take a decision and supply information and was required to render necessary help to applicant. Seek information free of charge.

 

As a responsible citizen, it is your duty to challenge the illegalities of PIO in order to avoid repetition of such things. If everybody keep quite, PIO may get more arrogant.

 

Revert back to us on receiving FAA's decision for further advice.

[silverbullet 0]

While you process new RTI Application to same PIO, seeking same information, prefer an appeal before First Appellate Authority on the ground that the PIO malafidely rejected your application, though full details of survey No. was available in initial application, on the fictitious ground that survey no. was not provided. Attach copy of original RTI application hilighting relevant portion. When better particulars were provided connecting PIO's letter and clarifying PIO's mistaken view, the PIO was required to take a decision and supply information and was required to render necessary help to applicant. Seek information free of charge.

 

As a responsible citizen, it is your duty to challenge the illegalities of PIO in order to avoid repetition of such things. If everybody keep quite, PIO may get more arrogant.

 

Revert back to us on receiving FAA's decision for further advice.

 

You have mentioned "Seek information free of charge". How can i seek information free of charge ?

Is it the norm where any appeals which goes to state PIO due the fact that the local PIO rejected your applications under improper grounds ?

[Prasad GLN 1,781]

As per stipulations in RTI Act, if PIO fails to provide correct, relevant information within 30 days from receipt of RTI applications, for providing of information after 30 days, applicant need not pay any RTI fees.

Further in your case, you have already paid prescribed RTI fees with first RTI Application and the next letter filed by you has to be treated as clarification and not an independent RTI Application itself.

 

Several options were given to you, including filing fresh RTI Application with fees as appeal procedure involves more costs , delay. It is upto you to decide.

[silverbullet 0]

As per stipulations in RTI Act, if PIO fails to provide correct, relevant information within 30 days from receipt of RTI applications, for providing of information after 30 days, applicant need not pay any RTI fees.

Further in your case, you have already paid prescribed RTI fees with first RTI Application and the next letter filed by you has to be treated as clarification and not an independent RTI Application itself.

 

Several options were given to you, including filing fresh RTI Application with fees as appeal procedure involves more costs , delay. It is upto you to decide.

 

Hello Prasad,

 

I have appealed with all proof's with the "Tamilnadu Information Commission" on the malafide rejection of my RTI application. The application was received on Feb 24 and till now there is no response from them nor the PIO who rejected my application in the first place ! !

 

What is the procedure here ?

How many days within which the State PIO should respond to such escalations ?

If no response then what is the remedy that i might have ?

 

Now that the State PIO has not responded, what do you experts suggest on how to proceed ?

 

Should i escalate to Central Information Commission or forget about what has happened and file a fresh RTI with the PIO who rejected my RTI initially ?

 

Even if i File a fresh RTI, what happens if he rejects quoting a different reason (ex: He can remove the stamps that i paste in the RTI application and say relevant fees is not paid !)

 

Kindly advice

[Prasad GLN 1,781]

There is confusion in query as to who is public authority with whom you have filed application.

Shed all your fears and doubts as you are not investing any money or time and spending Rs.32/- and make a sincere attempt without doubts that PIO acts mean and remove stamps etc. If you have doubts paste them with good adhesive.

Any PIO has to provide information within 30 days from receipt of application as per RTI Act. To be precise, if applicant fails to receive information within 40days from date of posting the application, he may file first appeal on grounds of deemed denial'

[RAVEENA_O 529]

If you are really interested in filing RTI Application and seeking information from any public authority, you must first file RTI Application in proper manner. Decision of PIO is not final. You have THREE REMEDIES TO OBTAIN INFORMATION

[silverbullet 0]

I have filed the appeal to the State Information Commission ("Tamilnadu Information Commission") at this address

 

Tamil Nadu Information Commission

 

You have mentioned an amount of Rs 32/-, why ?

Do you mean i have to paste stamp for 32 Rs ? and try re-applying to the PIO of the Thashildar office ?

[silverbullet 0]

If you are really interested in filing RTI Application and seeking information from any public authority, you must first file RTI Application in proper manner.

 

Are you saying that i have made a mistake in my application to the authorities ?

If yes, can you please pin point them ?

[Prasad GLN 1,781]

Rs.32/- is an expense for seeking information in general terms. (Rs.10/- RTi fee + Rs,22/- Registration expenses.

 

When you have already filed appeal before TNSIC, there is no point in continuing the argument further till you hear about the date of hearing.

[silverbullet 0]

Rs.32/- is an expense for seeking information in general terms. (Rs.10/- RTi fee + Rs,22/- Registration expenses.

 

When you have already filed appeal before TNSIC, there is no point in continuing the argument further till you hear about the date of hearing.

 

1. Rs, 22/- Registration expenses for registering the patta on my name ? or is there something called registering the RTI application itself for which the amount has to be paid ?

 

2. Is there any specific time frame within which i can expect the reply from TNSIC ?

Because its been already 1 month since i appealed and the only acknowledgement that i have got is the acknowledgement from postal department that the application has been received by TNSIC. There is no letter or response from TNSIC directly to me till now !

[silverbullet 0]

No reply from TNSIC till now guys !

 

How do i proceed from here ?

[karira 5,897]

There is no specific time frame for deciding your second appeal. No time limit is prescribed in the RTI Act.

 

If you wish, you can call TNSIC and check as to which years appeals are they hearing now. That will give you an idea as to how long it will take.

 

Beware....folks at the TNSIC are TOTALLY uncooperative - so you got to be bull headed to get them to say anything.

[Prasad GLN 1,781]

The position at other SICs (Excluding Haryana) is no better, why to say only of TNSIC, I feel it is better than our own APIC.