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Mode of payment of fee -RTI application


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MANOJ B. PATEL

The PIO rejected RTI application on the ground that the applicant has paid fee of Rs. 10/- in form of non judicial stamp. The Commission considered that such payment can be deemed to be the payment mode to the government. Commission directed the CPIO to file affidavit under section 19(8)(a) explaining the number of applications rejected on such flimsy ground.

CIC_SA_C_2014_000336_M_156127.pdf

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  • Super Moderator
karira

"Non Judicial stamp" is NOT a prescribed mode of payment of RTI application fees for central government.

 

This order will be immediately thrown out by the High Court.

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Prasad GLN

Hon. Karira

Who dares to deliver such decisions ?

Is there any survey at CIC as to how many appeals were received, appeals allowed, appeals dismissed , fines imposed, actually collected, compensation sought, granted IC wise per annum.

Are ICs are also allowed for recommendation of awards like "Padmasri" ?

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MANOJ B. PATEL

With your permission, i reproduce three lines of said decision;

 

"The Commission considers that payment of Rs.10/ by the appellant, even in the

form of non judicial stamps, can be deemed to be the payment made to the Government.

The respondent officer should have pointed out this aspect to the appellant, along with the

required information."

 

I think, considering these lines hon'ble high court will not pass any negative order. The IC has very intelligently stated the legal position.

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karira

Please read Sec 27 & 28:

 

Only the appropriate government or the competent authority have powers to frame RTI Rules.

 

The IC is neither of them. He cannot "deem" anything !

 

Nor can the respondent officer.

 

========================

 

- - - Updated - - -

 

Hon. Karira

Who dares to deliver such decisions ?

Is there any survey at CIC as to how many appeals were received, appeals allowed, appeals dismissed , fines imposed, actually collected, compensation sought, granted IC wise per annum.

Are ICs are also allowed for recommendation of awards like "Padmasri" ?

 

It is not about dare but about delivering correct decisions. There is a similar (very old) decision of the Orissa SIC - that "money order is as good as paying cash". That is legally sound...because either the applicant pays cash or the postman pays cash - the PA finally receives cash.

 

In this case, the IC is prescribing a new mode of payment of fees - which is clearly not in his powers.

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Prasad GLN

Hon.Karira,

Sir, this is what matters finally - no uniformity - quoting this decision one can not expect some other CPIO to respond the same way and escalate to second appeal and wait for years together.

The essence as usual...Attitude of IC, Body chemistry, standing of applicant is what alone counts.

I feel that Hon.IC has taken base on DOPT directive that PIO can even provide information free of cost, but appellant is not having further remedy against such information.

If it is a normal Bureaucrat IC , we should have brushed it aside, but it is not the case of a Professor in law.

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D.T.RATHAVA

HON/SIR

 

माफ करना सर

जब हम से बडे लोग बात करहो तो छोटे को सिर्फ सुन ना हि है । पर मेरा ग्यान बढाने के लिये मै आपसे क्षमा चाहता हुं

 

मै ऐसा समजता हुं कि ऐ केस वेस्ट बेंगालका है अगर ऐसा है तो वेस्ट बेंगालका पी.आइ.ओ सही है

(Only the appropriate government or the competent authority have powers to frame RTI Rules.)

3. Application fee -

An application containing a request in writing to the State Public Information Officer or the State Assistant Public Information Officer, as the case may be, made under sub-section (I) of Section 6 for obtaining information, shall be accompanied with a court-fee of rupees ten.

 

 

http://wbic.gov.in/html/RTIRules.htm

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Prasad GLN

Please also read CIC handbook on such RTI Fee and DOPT directives. PIO can provide information free of cost. If information is not provided further first appeal and second appeal process remedies are not available to citizen.

ICs are not common men, particularly when Law professors, without any basis they can not do their own and they got capacity to interpret the manner and as far as RTI is concerned their decisions are final, and the only remedy is approaching HC.

Some interpret Sec.26 & 27 and there I could understand that they can insist on payment of certain money, and in What manner (mode - through want means IPO/DD/Court fee) was never specified.

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  • Super Moderator
karira
HON/SIR

 

माफ करना सर

जब हम से बडे लोग बात करहो तो छोटे को सिर्फ सुन ना हि है । पर मेरा ग्यान बढाने के लिये मै आपसे क्षमा चाहता हुं

 

मै ऐसा समजता हुं कि ऐ केस वेस्ट बेंगालका है अगर ऐसा है तो वेस्ट बेंगालका पी.आइ.ओ सही है

(Only the appropriate government or the competent authority have powers to frame RTI Rules.)

3. Application fee -

An application containing a request in writing to the State Public Information Officer or the State Assistant Public Information Officer, as the case may be, made under sub-section (I) of Section 6 for obtaining information, shall be accompanied with a court-fee of rupees ten.

 

 

http://wbic.gov.in/html/RTIRules.htm

 

Those Rules are applicable ONLY to WEST BENGAL !

 

Not to public authorities under the Central Government.

THis IC can only pass orders against a PA at centre.

 

Do not mix up issues and there is no need to be sarcastic in your comments !

 

- - - Updated - - -

 

Some interpret Sec.26 & 27 and there I could understand that they can insist on payment of certain money, and in What manner (mode - through want means IPO/DD/Court fee) was never specified.

 

That is why the centre and each state as well as competent authorities have framed "rules to carry out the provisions" oif the ACT.

 

=====================

 

I think I said this many times before:

 

Just because a wrong decision of an IC benefits applicants/appellants/activists, does not mean that it becomes a right decision !

 

Go by the larger picture and long term impact of such decisions, and dont look at only short term gains.

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MANOJ B. PATEL

In Sushant S. Naik v. Directorate of Mines & Geology, 23/2006. DM; Goa State Information Commission, the respondent pleaded that the applicant did not pay fee while submitting the application. The Commission held that, though it is necessary under the Act to submit the request for information with a fee of Rs.10, it is not a reason enough to reject the request. It is remedial defect and application fee can be collected at the time of issuing the required information/documents along with the cost of the documents. The objection of the PIO was overruled.

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Prasad GLN

Some IC has decided that an application with out fee is not an RTI Application at all.

DOPT directives state that Information can be provided even without fee but applicant is not having remedy under RTI.

Hon. Manoj. This is simple matter and not an issue as amount is pittance when compared with information

Why should one step into the mud knowingly, and then try to wash his feet ?

(When you know it is mud, do not step into it is proverb in our Telugu)

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