next step rti again police department

[jajoo.yogesh 0]

Details of information sought:

Name of Police Station: Agar Police Station

FIR number: 016/2014

Fir Date: 29/11/2014

Please provide me following information in the light of the description above:

1) Inform me the daily progress made on the FIR.

2) The name and designation of officers who are involved in the investigation of

FIR.

3) The investigation report submitted by the concern Police officer who is

investigating in the FIR.

4) The name of the court to which investigation report and criminal case number

given by the Court.

5) Please provide information about evidence collected by Police officers during the

investigation.

Date of receipt by SPIO: 12/03/2015

give me suggestion for my next step bcoz till date no any one rply from this rti

[rtiindia 87]

Hi jajoo.yogesh 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.

 

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Thank You!

[RAVEENA_O 529]

The PIO was required to decide the RTI Application within 30 days (+ 5 to 7 days for postal transit). Therefore the decision of PIO should have been received by 20/04/2015. It is a case of deemed refusal of information by PIO as enumerated under section-7(2) of RTI Act.

 

You have submitted RTI Application on 12/3/15. Due date of reply was 12/4/2015. You must submit first appeal before 12/05/2015.

 

You may file First Appeal before the First Appellate Authority of the Public Authority within 30 days from due date of reply, by referring:

 

HOW TO FILE FIRST APPEAL

 

FIRST APPEAL FOR NO REPLY

[MANOJ B. PATEL 21]

Moreover, you may send a reminder to the PIO to provide required information within one week to avoid FA and wait for one week. If he does not respond file FA.

[RAVEENA_O 529]

There is no provision for sending Reminder to PIO under the RTI Act. The PIO as a responsible officer is required to act within the framework of the RTI Act. If the PIO did not decide and communicate his decision within 30 days from the date of receipt of RTI Application, the further course of action is to file First Appeal before the designated First Appellate Authority, who is a senior officer than the PIO. The departmental higher authority designated as FAA must be noticed about the laxity of the PIO in not deciding the application within stipulated time period.

[MANOJ B. PATEL 21]

With due respect, in several cases of mine i was not interested to file FA and hence i reminded concerned PIO with a request to provide information to avoid FA against him. You will not believe the concerned PIO provided me the required information. PIO also thanked me on telephone for reminding him saying as due to work load and negligence of concerned dealing employee of his office RTI application was remained unanswered. I think nothing wrong in reminding the PIO and i agree that there is no provision for sending Reminder to PIO under the RTI Act. If we get information by reminder why should file FA? It is also not mandatory to file FA.

[RAVEENA_O 529]

That cannot become a convention for every PIO to wait for a reminder. The public authority must put proper mechanism to monitor the system. In most of the Central Public Authorities, the system is in place wherein the pending RTI Applications with PIOs are put up to the FAA and pending Appeals with FAAs are put up to HoD on every Monday and delayed cases are discussed in weekly meeting. Wherever necessary, staff concerned are taken up or reprimanded. Such pending position is prepared on Friday and overdue cases are decided and disposed off on that day itself.

 

PIOs should not expect an applicant to remind about his application, especially when a definite time frame is defined for deciding the application. He should therefore device such a mechanism to monitor the pending cases and ensure that the application is decided within time limit - in compliance of the statutory obligation as also to ensure that the public authority is not put to financial burden by supplying information free of cost after time limit.

[MANOJ B. PATEL 21]

R/ Madam, i agree with your valuable remarks but in a small police station and that too in interior forest area designated PIO is incharge of the station i.e. a sub inspector who is prompted from constable to SI and also does not know english language what can we aspect more from him as a PIO? Now a days even so called learned SICs are violating provisions of RTI Act i think it is better to find out practical way to obtain required information from such helpless PIOs.