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Rejected RTI application - Next Step


msuneerbabu

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msuneerbabu

Hello,

 

My name is Suneer from Kerala, we have been placed an application to Kerala Land Tribunal department through RTI to withdraw the document details/copy of our Land Pattayam (PATTA). Just after one month we got the replay from the Office of Special Thahasildaar simply saying that they could not found the required document and hence they cannot provide the copy of the document/records.

 

We have been provided exact document number and ownership details, however it looks like department officer is negligent on our application and not provided the details. Unfortunately we have missed 1st appeal time (30 days), I would like to know is there any possibility/procedure for further actions to move forward and get the result on my application..?

 

Your suggestions/advice will be highly appreciated.

 

Kind Regards,

 

Suneer

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RAVEENA_O

Normally first appeal must be filed within 30 days from PIO's reply. However, the FAA has power to condone delay in filing appeal. Please file FA by adding reason for delay like illness and with a prayer to condone the delay and consider and adjudicate the appeal.

 

Remember, under RTI, you can only seek and obtain material information held by and under the control of the public authority. You must pinpoint and seek certified copy of document available with public authority. In case you did not correctly pinpoint the document you you desired, it is better to start afresh.

 

Can you upload contents (exact document ) of our RTI Application before the PIO of Land Tribunal?

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Sunil Ahya

You can do two things simultaneously:

 

1. If it is a short delay of a few days or a month or so, file a First Appeal and in that seek condonation of delay from the First Appellate Authority.

 

2. At the same time you can file the RTI application afresh (i.e. once again) and this time around follow the time limits prescribed under the RTI Act for filing a first appeal with the concerned First Appellate Authority (FAA) and likewise if you are not satisfied with the FAA's decision, for filing a second appeal before the concerned Information Commission.

 

Please refer to the following links to learn more:

 

RTI Act offers three levels to obtain a required information.

 

Flow of a RTI application, once having been filed.

 

Time limits under which I will get the information.

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msuneerbabu

Thanks dear all for your advice.

 

There is significant delay already elapsed. As advised above, I prefer to go with another fresh application. Can I place the online RTI application to this department (land tribunal) or as previously done we have to go to the office to submit the application as normal?

 

Regards,

 

Suneer

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Prasad GLN

It is the unanimous choice of experts that "applications to be sent to concerned authorities (PIO) by traditional Regd.Post/speed post alone and then tracking delivery status through indiapost webportal

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msuneerbabu

Thank you.

 

Can anyone share a sample RTI application, any legal clauses to be added..?

 

Regards,

 

Suneer

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Prasad GLN

The process is simple. As you are not new to RTI use the same application, fee and reconstruct the application as it was made and just add two more queries after your previous queries.

1)Please provide the circular/norms/guide lines giving that extract that shows the life time of this record, maintenance/preservation/destruction of such records.

2)If they are not permanent in nature and not available, please provide copies of all documents that disclose as to when the missing of records was noticed, recorded, reported, action taken and directions from Higher authorities about this lapse.

3)If the record is destroyed, please provide copy of such folio in destruction record.

4)Please inform whether accountability for missing of the record was fixed and names of such employees who are responsible for such negligence and if any police complaint was made and efforts made to reconstruct the records.

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RAVEENA_O

Your first query must about the information you want. That must be properly worded so as to identify the exact document held by and under the control of the public authority. You can add further queries suggested in post no.8 and 9 thereunder. The very contention that PIO is not able to find the records is vague and clearly denial of available record. It is the bounden duty of the public authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information.

 

Unless proved that record was destroyed as per the prescribed rules of destruction/ retention policy, it is deemed that record continues to be held by public authority. Claim of file “not fond” or “not traceable” or "missing" has no legality as it is not recognized as exception by RTI Act. By practice ‘not found" cannot be read into as exception in addition to exceptions prescribed by RTI Act. It amounts to breach of Public Records Act, 1993 and punishable with imprisonment up to a term of five years or with fine or both. Public Authority has a duty to initiate action for this kind of loss of public record, in the form of ‘not traceable’ or ‘missing’. The Public Authority also has a duty to designate an officer as Records Officer and protect the records.

 

A thorough search for the file, inquiry to find out public servant responsible, disciplinary action and action under Public Records Act, reconstruction of alternative file, relief to the person affected by the loss of file are the basic actions the Public Authority is legitimately expected to perform. The PIO cannot merely feign that the records are not traceable or missing and escape from responsibility to supply the information to the applicant.

 

In such circumstances, you can seek following information:

 

APPLICATION FOR INFORMATION UNDER RIGHT TO INFORMATION ACT, 2005

 

From

.....................................................................

......................................................................

......................................................................

 

To

 

The Public Information Officer

Kerala Land Tribunal

.........................(Full address)

 

 

(1) Full name of the applicant:

(2) Address:

(3) Particulars of information required

(Specify the category of subject also): Land Patta

[A] Certified copy of the patta with respect to land situated at survey No. ................., thandaperu ................, Ward ......................., Village ......................, Tahsil .................................

 

In case the records are not traceable or missing or not found, please supply me the -

 

certified copy of the Record Retention Schedule stipulating the normal Retention Period of the records pertaining to Patta and thandaperu.

 

[C] certified copy of the laid down procedure for destroying records outlived its normal retention period;

 

[D] certified copy of the list of records destroyed, which indicate the records pertaining to land situated at survey No. ................., thandaperu ................, Ward ......................., Village ......................, Tahsil .................................and the date on which the said record was destroyed.

 

[E] Certified copy of the sanction / approval of the competent authority for destroying the records pertaining to item no.[D] above.

 

[F] Certified copy of rules/regulations/notification/circular stipulating the mode and method to be adopted for destroying records after its retention period.

 

[G] Please inform me the mode and method by which the records pertaining to land situated at survey No. ................., thandaperu ................, Ward ......................., Village ......................, Tahsil ................................. has/have been destroyed.

 

[H] Name, designation and office address of the officials witnessed the record destroying procedure pertaining to item no.[2] above.

 

Certified copy of the note signed by all the witnesses in token of destroying the record pertaining to land situated at survey No. ................., thandaperu ................, Ward ......................., Village ......................, Tahsil .................................

 

 

(4) Year to which the information pertains: 2014, 2015

(5) Other relevant reference, if any:

Place:

Date: . . Applicant’s Signature

Note: Application fee of Rs.10/- is paid per court fee stamp affixed

on the top of this application.

( You can file another RTI Application and seek further information regarding the missing record, in case the PIO admit / feign that the records sought by you are not traceable.)

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