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Disobey of Commision order


srikanthramidi

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srikanthramidi

Hii everyone

 

I have filed a rti application for seeking information regarding mutation copies

 

The pio doesn't provide any information. .

 

I have visited so many times but no such repky from pio

 

Every tym delaying

 

Atlast I filed FAA he also supporting pio for not furnishing of information

 

FAA says that 50 yrs back revenue records who wil have idea ..

 

50 yrs back revenue system is completely change how come ur pressing PIO to provide information.

 

 

This whole scenario took 1 yr to give such useless decision of FAA

 

Later I have filed a complaint in RTI COMMISION OF AP

 

the commission issued notices to pio and me

 

Even commission have given direction in my favour

 

Since passed 1 month still PIO is not providing information

 

I am uploafing COMMISIONS ORDER

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srikanthramidi

Pls go throught order and suggest me ..

 

Since passing 40 days PIO saying I Am busy with my work ..

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srikanthramidi

Suggest me what all steps I need to take for not following commision s order

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Prasad GLN

Just give a notice by local speed post to FAA with copy of such decision and remind FAA that PIO 's non compliance of APIC decision and pray for directions to PIO to provide information as expeditiously as possible but not later than 20-4-15. Wait upto 30-4-15 and personally file non compliance complaint against PIO .

(Many ICs are making Public statements that they could not do any thing those PIOs who are not complying with their decisions. Now even CIC has stated the same on the issue of Political parties disclosures)

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koteswararaonerella

the CIC decision is binding on the PIO who holds information and therefore he needs to supply the same and FAA has no role in this , therefore write to PIO asking him to comply with CIC decision and if he is not responding , you need to file a complaint with CIC only.

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srikanthramidi

After CIC passing direction to provide information

 

IN How many days the PIO has to furnish the same

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Prasad GLN

Generally, IC prescribe a dead line either in days or specific days (like within 10 days from receiving order or Before 20th Apr, 15) and if no period is prescribed, it has to be treated as 30days (normally under RTI Act). Hence it is always to use the same pressure, immediately by filing a letter demanding information as per CIC decision, which has to be treated as fresh application as per CIC decision.

(I have seen several CPIOs response that CIC has not prescribed any time,( Sic: and they can take their own time)

So, the follow up must commence immediately on receiving CIC decision through demand of information and should end with non compliance complaint complaint , if information is not provided within on 40 days of posting the demand information letter..

(Infact all this is argumentative, and no right thinking CPIO delays information after CIC decision)

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srikanthramidi

Already period of 40 days has been completed and he is making all false statement that why you need this information

 

STAFF is saying PIO is busy in other .he dont even find time to prepare your copy.

 

These kind of silly statement I'm facing daily

 

Even after daily followup ..

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Hello i am new to the forum, here it is what i understand from your post..

1. you filed a rti appliation, pio gave no response to your appliation.

2. you filed first appeal before faa, negative response from faa u got.

3. you filed second appeal, your appeal allowed and cic ordered pio to supply the information requested by you.

4. you furnished the copy of order of cic to pio, yet you recieved no information after the lapse of 40.

(please correct me if i am wrong at any place)

here is my suggestion to your query...

1. the pio is supposed to suppy information with in the time limit prescribed by the cic/faa (as the case may be). however, if no time limt is prescribed in the order, the time limit is treated is 30 days from the reciept of the order of cic/faa.

2. if the pio fails to comply the order within prescribed time/ within 30 days without any sufficient and reasonable cause in writing, in such case u can file a complaint with cic with supporting documents regarding the non compliance of the order. in cmplaint ask for relief interms of information required and compentation for mental harrasment and agony u sufferred.

3. the complaint is to initiate departmental action against errant officer.

4. remember while making correspondence to pio always mark a copy to faa too, so that faa can not escape from the liability.

 

hope my input may be helpful to you. good luck.

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Prasad GLN

Remember, that all your efforts made with PIO before finally resorting to complaint before SIC should be clearly reflected in your complaint, including the statement that PIO is busy, number of visits with dates.It is a fact that FAA has no responsibility at the present and not accountable, but marking a copy to him strengthens your stand that you have moved the matter with FAA also before disturbing SIC and the complaint is only a last resort. Invariably claim compensation for all the visits, efforts and harassment.

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srikanthramidi

APIO is saying that in my order show cause notice is issued after replying to that show cause notice they will look in to my matter.

 

 

I have few queries

 

1. SIC issues directions to provide information at the time of hearing.

 

2. Do PIO needs order to be served so that he can provide information according to the order.

 

Else already SIC gave directions which already aware of PIO

 

Then why he is making me to wait .

 

He is saying after all serving of order then we can decide what to .

 

I asked him already you heared what information need to provide at the SIC hearing.

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RAVEENA_O

In this case, you have prefered a Complaint before the SIC. The SIC heard the parties and during hearing PIO contented that he supplied the information and it was your contention that the mutation details were not supplied to you. PIO's counter contention was that you have not given file details, for supply of information. SIC did not agree to that plea and held that the applicant has no reason to know the file details and therefore directed to issue show cause notice to the PIO for not furnishing the inforamtion. Therefore there is no order by SIC in your favour to supply the information.

 

After issuance of Show Cause notice by SIC, the PIO may submit his say. Thereafter, SIC may consider the same and give its final direction. As of now, there is no direction to the PIO to supply information to you.

 

Even otherwise, in complaint case, SIC cannot give directions to supply information, but can only impose penalty on PIO or recommend for disciplianry action.

 

It was necessary for you to file a Second Apeal under section 19(3) for a direction to PIO to supply information. Admittedly, you have not filed a second appeal before the SIC. Therefore, getting a direction from SIC for supply of information by PIO is very bleak.

 

In case you need information regarding mutation, please file a fresh RTI application and seek that information, since now second appeal is hopelessly time barred.

 

Alternatively, you can seek mutation details by following the departmental procedure also.

 

Please follow up with SIC to find whether Show cause notice is issued uptill now!

 

Also read:

HOW TO DIFFERENTIATE A COMPLAINT UNDER SECTION-18(1) AND SECOND APPEAL UNDER SECTION-19(3)?

 

 

NON-COMPLIANCE OF CIC ORDERS - REMEDY

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srikanthramidi

3 months before I filed fresh rti application

 

 

Then even PIO failed to furnish information and gave reply as in image

 

Then I filed a 1 st appeal FAA saying how come we know what subject tooks place in 50 yrs of record.

 

FAA Directed to provide information if they can

 

My family members filed 4 RTI Application separately

 

No such response

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RAVEENA_O

Pursue both matters simultaneously. Land records are permanent records and required to be maintaned as such. In the second set of RTI, please file Second Appeal u/s 19(3) before SIC instead of Complant, so that you will be able to get a direction for supply of information.

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srikanthramidi

I filed a complaint

 

Saying that not implementation of order of SIC commission and prayed to take action under 19 and 20 sec of rti

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srikanthramidi

Dear forum members

 

Pls suggest me what wil be going to happen

 

I filed complaint Saying that

 

Sub : for not implementing orders of SIC

 

This is the 2nd tym I am filing complaint against him

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Prasad GLN

Wait patiently for IC's decision, as nothing is certain. Unless IC takes a decision, there is no use in guessing of future course.

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RAVEENA_O

Please refer to the copy of Orders passed by SIC uploaded on Post No.3 above by the TS, which is purportedly not followed by the SIC, as contented by the Thread Starter.

 

There is no order or direction to the PIO or FAA or to the Public Authority to supply information. Where is the question of disobedience of SIC order by the PIO?

 

In this case, TS has preferred a Complaint before SIC. SIC heard the parties. During hearing PIO contented that he supplied information and it was Complainant's contention that mutation details were not supplied to him. PIO's counter contention was that Applicant/Complainant has not given file details, for supply of information. SIC did not agree to that plea of PIO and held that applicant has no reason to know the file details and therefore directed to issue show cause notice to the PIO for not furnishing the information. Therefore there is no operative part of order by SIC in favour of Complainant or any direction to PIO to supply information.

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Prasad GLN

Was it a complaint under Sec.18 or appeal under sec .19 to SIC ?

Have not you prayed for providing information ?

There is a missing link--when IC feels and issues show cause notice, it is confirmed that information was not provided in complete and IC ought to have ordered for providing of information.

If it is a complaint, then commence the procedure and file application afresh seeming certain information and take care to restructure application in tune with your past experiences.

(Sorry, I could not find Madam Raveena's specific guidance on how to get information further, when case is disposed, so ventured into suggesting some thing)

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