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What is Written Memorandum in RTI?


debaprasad92

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debaprasad92

Generally most activists don't know what is Memorandum. It generally submitted by Applicant or Respondent at the time of hearing. Request to senior members to share information on this.

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MANOJ B. PATEL

Dear member,

Not memorandum but written arguments/Representation submitted by Applicant or Respondent at the time of hearing before FAA and SIC/CIC.

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MANOJ B. PATEL

Dear member, suppose your FA WAS REJECTED by the FAA and you have file second appeal. During hearing you can file written arguments/representation to the SIC/CIC as below;

 

 

[1] I have submitted first appeal u/s 19(1) giving facts and grounds. Appellate Authority has called me for hearing on first appeal on .............. without forwarding me a copy of the say submitted by PIO. When a hearing is fixed suo moto at his discretion, it is mandatory to afford me opportunity to disprove the counter contention raised by the PIO, which is not possible unless the FAA give a copy of PIO's say to me.

 

[2] There is no mandatory provision under the RTI Act or State RTI Rules to call an appellant u/s 19(1) for hearing as a condition precedent for deciding appeal by appellate authority. Even then, FAA has malafidely and without endorsing copy of PIO's say called me for hearing only with a view to harass the appellant and to distort the process laid down under Section-19 of the Act.

 

[3] Since there is no mandatory provision under RTI Act to call the appellant for hearing, rejection of the appeal for the very reason that the appellant was not present for the hearing is illegal, malafide and contrary to the provisions of RTI Act. Decision of FAA dated ............. is therefore, illegal and malafide and not consistent with the provisions of RTI Act.

 

[4] The directions alleged to have been issued by the GAD is not a Rule framed by the appropriate authority as also not consistent with the provisions of the RTI Act and hence void ab initio and not binding on appellants. The Appeal should not have been rejected based on such illegal directions.

 

So you are request to consider my arguments/representation and take on record. Considering my written arguments/representation kindly direct the PIO/FAA as below;

 

[1] direct the PIO to supply the information free of cost within 10 days from the date of decision of this appeal;

 

[2] hold that the directions contained in letter no. ............... dated .... issued by GAD is inconsistent with the provisions of RTI Act and give a direction to the State to withdraw the same.

 

[3] impose penalty of Rs.25,000/- to the PIO for malafide denial of information.

 

(you may modify as per your requirement.)

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Prasad GLN

Hon Manoj,

Written submissions or oral arguments must be brief and precise and should focus on evidences only and all the above were already stated in appeals, and need no repetition.

Strike it on the head - Information provided or denied, reason of denial/ delay justified, and that is all.

It depends/variate from case to case of facts and there can not be a condensed in the form of a template.

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MANOJ B. PATEL

R/sir, with due respect, i think there is no any vast difference in reasons mentioned for second appeal and matter described in written arguments. Moreover, we all know very well that most of the ICs do not read any thing.

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D.T.RATHAVA
Dear member, suppose your FA WAS REJECTED by the FAA and you have file second appe

 

[1] direct the PIO to supply the information free of cost within 10 days from the date of decision of this appeal;

 

[2] hold that the directions contained in letter no. ............... dated .... issued by GAD is inconsistent with the provisions of RTI Act and give a direction to the State to withdraw the same.

 

[3] impose penalty of Rs.25,000/- to the PIO for malafide denial of information.

 

(you may modify as per your requirement.)

 

[1] direct the PIO to supply the information free of cost

 

[2] impose maximum penalty as per RTI ACT to the PIO for malafide denial of information.

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koteswararaonerella

basically you have no idea as to what is memorandum, but you are telling the activists do not know that.

secondly,comming to second appeal hearing if you are capable you can directly represent your points before the SIC/CIC either in person or through vedio conference. submission of written breif is not mandatory as per the act.

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debaprasad92

Mr. Koteswararanerella, I am also in those citizens who is beginner in RTI and want to know detail about it. So that I uploaded this thread. It will be pleasure if you share information about this. Thank you.

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Prasad GLN

Mr.Debaprasad,

The following is your opening post in this thread.

 

Generally most activists don't know what is Memorandum. It generally submitted by Applicant or Respondent at the time of hearing. Request to senior members to share information on this.

 

Let us not go into depths of judicial standards. Is there any mention of such memorandum name in RTI Act . If not there is no hard and fast rule.

Some call the submissions made or before hearing as Written arguments, Written submissions, but what ever bottle they use, the contents are only submissions and it is generic ingredient, with different brand names.

As many ICs do not have the patience to note/write arguments during personal hearing, particularly in a complicated cases where information solicited is more and involves study, it has become a practice to file written submissions / arguments and as you call memorandum for veriffication.

 

Whether an activist or a beginner or any one who receives guidance is aware of such written submissions/memorandums etc.

Sorry, I could not really understand the exact query in your post and discussed in general to know what exactly your query was as thread starter. Study the contents of your following posts.

 

Post No. 5 of yours: Generally most activists don't know what is Memorandum. It generally submitted by Applicant or Respondent at the time of hearing.

Post No 9 of yours: I am also in those citizens who is beginner in RTI

 

The thing is members are confused as to whether you wanted to know more on such memorandum as beginner in post No. 5 or pointing/commenting on activists through Post No.1. As English is a foreign language the confusion.

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