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Please provide the solution of my query regarding RTI


harshad2612

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harshad2612

Hello Friends ,

 

I filed an RTI request to Department of post Gujarat circle for one document but CPIO stated in his order that document is in exemption list of disclosure under section 8 (1) (j) so I filed an appeal to the 1st appellate officer and he ordered cpio to provide me the list . Later on I got letter from CPIO that submit 40 Rs to get the document as it contains 20 pages so I submitted and sent it to CPIO of dop gujarat circle. but today I got the reply from CPIO and in his letter he stated that document is 20 pages is attached with this letter but I havn't got any document except the single letter . I also know that CPIO is trying to hiding the truth and don't want to disclose that document so I want to know how can I prove that I haven't got any document with letter and Is there any rule in RTI ACT in which we can directly go to the office ,submit prescribe fees there and get the document .I will also send them letter that I haven't received document but CPIO will stick on this that he has already sent the document letter through register post so what should I do now ? Please help me

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RAVEENA_O

The postal envelop under which you have received the alleged letter attaching 20 pages information is the proof. If it is a single page, it may have postage / stamp of only minimum charges. For 20 pages, the postage is more. Preserve this envelop as evidence.

 

You may write back to FAA enclosing xerox copy of letter received from CPIO and the copy of postal envelop indicating stamp / franking etc and state that the CPIO did not supply the information but only send the copy of covering letter.

 

If you do not receive any response, please file Second Appeal.

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harshad2612

Thank you very much for reply I have got the letter through register post . There is only printed register ad slip with number and seal of chief post master general on it . There is no postage stamp on it as it is sent through reg.ad

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Prasad GLN

That may be a simple clerical error. Just write to CPIO with xerox copy of envelope showing the postage and ask him to send the copy and also include that you have paid the demanded fee though it is not required under RTI Act, as information was provided after 30 days from receipt of RTI Application and CPIO has demanded in violation of stipulations in RTI Act. Check also staple marks on covering letter and include that point also that the covering letter is not showing any stapler marks

Please also inform as to the date of your RTI to FAA order. If information provided is more than 30 days from date of your RTI Application , you need not pay single rupee.

Just check whether you have made a prayer asking for directions to CPIO for providing of information free of cost.

 

Please look carefully into the postal stamp and you can find postage affixed. For Normal Regd post it is Rs.22/- and Regd., Ack due it must be Rs.25/- and if 20 pages are in envelope it should have postal stamp for than Rs.50/-

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harshad2612

I am not concerned about the fees . I have already paid the fees and recently department of post conducted direct recruitment of PA/SA and we gathered information before declaration of result through RTI but there are so many discrepancies between the result and the rti reply we have got from CPIO and we are sure that result has been manipulated by someone that's why we need this list and CPIO knows that very well plus FAA is also involved in this recruitment scam and he will also give the same answer that list has already been provided by the CPIO . In that case what can we do except 2nd appeal because If we file 2nd appeal to CIC it will take at least 10-12 months for hearing and we don't have any certified copy as we have got the reply on rti online web portal so can't file petition to high court . As per evidence act we will require certified copy as an evidence if we have to submit it in high court. Is there any way to get that document ?

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Prasad GLN

Once you posted one matter in a thread, please confine to your posting on one thread alone, as the matter creates confusion.

In this post, your query is confined only to that matter that you have not received enclosures.

A practical solution has been provided.

Without taking any steps for problem resolving and posting facts appearing in envelope, jumping to another point is not proper.

Post another thread. Now please inform the exact amount appearing as postage in postal stamp and whether you wish to follow the advice to send the copy of cover with a request letter to CPIO or not.

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harshad2612

I am new here sorry but I am not jumping to another point . I am just trying to provide whole information regarding query that why CPIO is not ready to provide the document so you will have better idea to solve query and on envelop there is no any postal stamp except computerized receipt (Barcod) with number RG 266*****IN . Sure I will send request letter + copy of cover + reply letter but still I think they won't give us a document so can we go directly to the office and ask for document with prescribe fees again ?

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RAVEENA_O

It is always okay to clarify the issue and seek advice on all your doubts arising out of same matter.

 

Being Dept of Posts as the sender, the article might have been posted in Service Envelop and not required to affix stamp. So, it is now difficult to establish that PIO has not posted the certified copies.

 

In addition to what has been suggested in my earlier post, you along with a one or two others may file separate fresh RTI Applications and seek inspection of same record (specify clearly). During inspection, demand certified copy and pay the charges. This way you can get all those documents which are relevant and required for your purpose.

 

Please refer to:

 

INSPECTION GUIDE

How to inspect under rti ?

 

What Procedure to Follow? File Inspection

 

Assistance in Inspection - Blogs

 

What Questions to ask? Inspection of Files and take a copy

 

 

Alternatively, you may also file a Complaint under Section-18 to CIC immediately with the allegation that the documents are physically not dispatched. The burden lies on the PIO to justify his action.

 

HOW TO FILE COMPLAINT U/S 18(1) by JPS50

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Prasad GLN

Before that, visit as immediately as possible and politely inform PIO the facts of non receipt to avoid wastage of time and further money in appeals.

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koteswararaonerella

the reply cover is of small one or a big size cover can also establish whether 20 pages have been really sent but in any case your primary duty is to appraise the CPIO that you have not received the enclosed 20 pages and ask him to send the same which results in disposal of your case.

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jps50

In the registration slip pasted on the envelope amount of postage charged is mentioned. Please just check it. You may write to FAA for improper compliance of his orders by referring:

 

Non-compliance of FAA order:

http://www.rtiindia.org/forum/blogs/jps50/1872-non-compliance-orders-first-appellate-authority-c-pio.html

https://app.box.com/s/ouuw6ry5xbbmbegozpas634yz1hyzust

 

Also send copy to CPIO.

 

"Missing enclosures" is old tactics to avoid/delay submission of information. FAA can himself submit information and hence you may request him in your aforesaid improper compliance representation, to himself supply information so that enclosures are not made to miss.

 

You may track details on India Post | Home and now DoP is mentioning amount of postage charged in tracking results.

 

If possible ask some of your friend/relative to file another RTI for the same information, with some additional not required information, preferably to other CPIO of DoP. You may get the required information at the most by first appeal in this new RTI.

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jps50

As for certified copies to be produced in court, you may file downloaded copies with URL from which copies are downloaded. In case DoP disputes authenticity or genuineness, then you may request court to summon concerned CPIO to testify in court. You may also study Information Technology Act which also covers authenticity of information transmitted electronically.

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