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Could you please validate whether any correction needed in the below RTI application to FAA?


AVIK2015

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FIRST APPEAL UNDER SECTION 19(1) OF THE RIGHT TO INFORMATION ACT 2005

DATE: XX.06.2015

By speed Post AD

To,

The Appellate Authority

xxxxxxxxx

Municipal Affairs, Kolkata 1

 

Dear Sir,

I am aggrieved by the decision of State Public Information Officer, Municipal Affairs, West Bengal to transfer my application seeking information under RTI ACT, to the Chairman/SPIO of XXXX Municipality causing not receive of information sought under RTI ACT 2005 and hence deemed as denial/refused. So I prefer to file this appeal for your kind decision.

 

1. Details of appellant

 

1.1 Full Name : XXXX

1.2. Full Address : XXXX

1.3 Phone/Cell No. : XXXX

 

2. Details of SPIO:

 

2.1 Name/Designation: Dy. Secretary of Municipal Affairs, West Bengal

2.2 Full Address : Municipal Affairs, Writers Building, Kolkata- 700001

 

3. Details of RTI application to SPIO:

 

Date of Application XXXX

Mailed on: XXX by speed post No. XXXX

Date of receipt by SPIO: XXX

 

4. Particulars of payment of appeal filing fee: Self-attested photocopy of Indian Postal Order No. XXXXX dated XXXXX for Rs.10/- Favouring “PUBLIC INFORMATION OFFICER” payable at KOLKATA is enclosed.

 

6. Particulars of Decision of PIO:

SPIO of Municipal Affairs has transferred the RTI Application dated XXXX of XXXXX, u/s 6(3) of RTI Act, 2015 to the Chairman/SPIO of XXXXX Municipality with a request to furnish the required information directly and immediately to applicant. Letter No. XXXXX dated 19th May 2015.

 

7. Brief facts of the information sought:

Details of particulars of unauthorised and illegal building construction under XXXXXXX Muncipality, ward no. XXXX (Self attested photocopy of original RTI application is attached herewith).

 

8. Reasons/grounds for this appeal:

In his letter no. XXXXXXX dated 19th May 2015 SPIO informed that the application forwarded to The Chairman of XXXXX Municipality citing the provision contained in the Section 6(3) of RTI Act.

In High Court of Delhi judgment [W.P © 288/2009] pronounced on 02.09.2009 in CPIO, SUPREME COURT OF INDINA versus SHUBHAS CHANDRA AGARWAL & ANR Central Information Commission has quoted as follows:

“23. In view of this, the question of transferring an application under Section 6(3) of the Right to Information Act by the CPIO of the Supreme Court cannot arise. It is the duty of the CPIO to obtain the information that is held by or available with the public authority. Each of the sections or department of a public Authority cannot be treated as a separate or distinct public authority. If any information is available with one section or the department, it shall be deemed to be available with the Public Authority as one single entity CPIO cannot take a view contrary to this.”

As per the sections 4 and 5 of Section 5 of RTI Act SPIO/PIO to whom the application is submitted is duty bound to collect information from any source within the public authority and to supply the applicant. Transfer of RTI application within public authority is against provision of RTI Act 2005.

Hence, the transfer of application to other SPIO is the result of clear misinterpretation of the relevant rules or done with intention to evade the responsibilities assigned to SPIO.

Also neither SPIO Municipal Affairs nor XXXXX Municipality provide information or denied information stating the exemption within the stipulated time of 30 Days.

 

 

9. Prayer/relief sought for:

 

A] Kindly give necessary instructions to SPIO, Municipal Affairs, West Bengal, to provide complete information requested in my above mentioned RTI application without any further delays. As per section 7(6), the same may now be provided to me free of charge since the provision of information has been delayed beyond the mandated 30 days as envisaged in the Act.

B] The details of this application/appeal to be treated in strictest confidence and should not be revealed to any other person/s, except to the third party u/s 11 of RTI Act 2005, if need be. If any person seeks copy of this application a notice should be served to me u/s 11 and I should be heard before parting with details. PIO and FAA are duly bound not to permit unauthorized access to govt. records. I shall hold PIO/deemed PIO/FAA responsible for unauthorised leakage of details of this application.

 

10. Grounds for prayer/relief sought for:

 

SPIO Muncipal Affairs, West Bengal transferred the RTI application to the Chairman of XXXXX Muncipality, has neither provided information nor denied information stating exemptions, but hence treating the information as deemed denial, this first appeal.

 

11. Personal Presence at hearing: Not Required.

 

12. Enclosures: Self attested Photocopies of original RTI application with its enclosures, postal proof of mailing, Self Attested photocopy of the IPO for RTI Application, Self attested photocopies of letter received from SPIO Municipal Affairs.

 

13. Declaration:

I hereby declare that I am the citizen of India. I state that the information sought does not fall within the restrictions contained in section 8 of the Act and to the best of my knowledge it pertains.

 

 

************************************************************************

 

Here I have drafted the RTI application to FAA. COuld you please validate whether any correction required?

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rtiindia

Hi AVIK2015 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.

 

You have just made a post at our community which is dedicated to helping you in matters of Right to Information. If you are new to RTI, you should read this article here What is Right to Information? - Guide. And if you are interested in reading the whole RTI Act please go to the following link: Right to Information Act 2005 [RTI Wiki]

 

PLEASE NOTE: We may not be able to answer your query conclusively, if it is not related to RTI, like finding a mobile number, vehicle registration number etc. These are not related to RTI.

 

AVIK2015 here are some more links for you to explore about #RTI:

 

1. Download RTI Forms: http://www.rtiindia.org/forum/docs/cat/11-sample-rti-forms/

2. Read here about How to Become RTI Activist

3. Read here RTI Online- Step by Step Guide to File RTI Online

4. Here you shall find various Centre / State RTI Rules and Fees: http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/

5. Read here about various case laws of RTI: http://www.rtiindia.org/law/

 

Thank You!

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MANOJ B. PATEL

Dear member, you have drafted a very good First Appeal but why do not you want personal presence during hearing?

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Dear member, you have drafted a very good First Appeal but why do not you want personal presence during hearing?

 

This is because the time may not be suitable for me. And if I don't attend then they may reject my application. Am I doing something wrong?

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MANOJ B. PATEL

No, you are not doing wrong but why should write it? It is not mandatory to remain present during hearing of FA. My advise is that when FA informs you to remain present during hearing of your FA at that time you may inform the FAA to decide the FA on merit as due to unavoidable circumstances you are not able to remain present during hearing.

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No, you are not doing wrong but why should write it? It is not mandatory to remain present during hearing of FA. My advise is that when FA informs you to remain present during hearing of your FA at that time you may inform the FAA to decide the FA on merit as due to unavoidable circumstances you are not able to remain present during hearing.

 

 

Ok thank you sir. I will do the same.

 

Is there anything I hv to correct in the RTI?

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sppataskar

Good drafted. But Instead of filling first appeal U/s 19(1) of the RTI Act, it would have been better to file a direct complaint U/s 18(f) of the RTI Act which reads as" in respect of any other matter relating to requesting or obtaining access to records under this Act" to the State Information Commissioner, when you got sufficient material ( CIC orders in case of Delhi High Court/SC) to substantiate that the PIO failed in his duties. There is no use of asking personal hearing, because the Officers concerned will make RTI applicant to wait for hours to gether.

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MANOJ B. PATEL

If you file complaint you will not get any information. IC will start inquiry against PIO for punishment only. Under section 18 IC is not empowered to order for providing information.

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If you file complaint you will not get any information. IC will start inquiry against PIO for punishment only. Under section 18 IC is not empowered to order for providing information.

 

Actually sir instead of punishment I would like to hv the info so that I could file case against municipality not to take action against unauthorised building.

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Prasad GLN

I also suggest for filing first appeal to ultimate PIO also on the same grounds of "deemed denial", if there is no format make it simple. Not more than 10 lines in A 4 format.

First appeal dt....under RTI

Appellant:

PIO

Grounds for Appeal: Application filed by applicant transferred to PIO on....... Even after receipt of transferred application PIO has neither provided information or denied information within 30 days as stipulated under RTI Act. Hence the first appeal on deemed denial

Prayer: Appellant prays directions for providing of information as expeditiously as possible free of cost.

Place

Date.....Applicant

Encl: copy of self attested RTI, transfer intimation from PIO dt......

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I also suggest for filing first appeal to ultimate PIO also on the same grounds of "deemed denial", if there is no format make it simple. Not more than 10 lines in A 4 format.

First appeal dt....under RTI

Appellant:

PIO

Grounds for Appeal: Application filed by applicant transferred to PIO on....... Even after receipt of transferred application PIO has neither provided information or denied information within 30 days as stipulated under RTI Act. Hence the first appeal on deemed denial

Prayer: Appellant prays directions for providing of information as expeditiously as possible free of cost.

Place

Date.....Applicant

Encl: copy of self attested RTI, transfer intimation from PIO dt......

 

Thank you sir.

 

Actually there is no RTI cell in the concerned municipality so they don't bother to reply on the RTI application even though the instructions has been given by Dy. SECRETARY of Municipality affairs. MUNNICIPAL Affairs is aware that there is not RTI cell in the concern municipality but to avoid the responsibility theybhave forwarded the application.

 

I am afraid that the FAA of Municipal Affairs will do the same.

 

So I would like to do fist appeal that why PIO of municipal affair transfer the letter to PIO of Municipality knowing the fact that there is no PIO or FAA available with the concern municipality? ?? PiO of municipal affairs wrongly interpreted the section 6 (3) that's why I hv given the quote of hr. High court.

 

I believe FAA could not reject the appeal now and help.me to get the information at the earliest.

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Prasad GLN

We can only presume things that must be implemented by Public Authorities under RTI Act.

It is absolutely impossible to find a place without PIO, the concerned PIO that is concerned with that Office may be from other office. Please follow a procedure when some one replies, and not find fault with a person who is thousands of miles away from you who is not aware of the facts prevailing in your area, and never post your doubts, without following advice.

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We can only presume things that must be implemented by Public Authorities under RTI Act.

It is absolutely impossible to find a place without PIO, the concerned PIO that is concerned with that Office may be from other office. Please follow a procedure when some one replies, and not find fault with a person who is thousands of miles away from you who is not aware of the facts prevailing in your area, and never post your doubts, without following advice.

 

Sorry sir. It was not my intention to hurt anyone. I respect all members in this group.

 

I just described the situation of my area and told everyone why I have taken the step.

 

I believe someone could understand my situation and help me by providing some info. Till now everyone has given me info and am thankful to all of them. Without your help I can't fight against injustice.

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I would like to say sorry to everyone. Each and every advice is valuable to me. It's not my intention to find fault in any post. I post here to take advice from you only because I believe you can only help me to get ride of situation. If I hurt anyone's feeling pls forgive me. I will never post in this forum anymore because I can feel that my doubts and query could hurt anyone.

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Prasad GLN

We can understand the posts out of experience and most of the queries are from those members who are interested in larger public interest. My general advice to all members is just file application, and seek guidance in the intervening period of 30 days before PIO's response. With doubts we will be wasting precious time, and we can seek guidance and present our arguments while filing first appeal. Hope you will understand and agree my personal view point, though it is different from you.

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