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PIO replied to visit office as sought information Voluminous in nature .


Sids03

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Respected Members

 

A RTI Application asking for details of funds, assistance provided by state government - in certain financial years for specific activities was asked.

 

Reply for all questions received

- The Sought information is voluminous in nature, hence you are requested to visit this office in any working day and collect the requisite information after depositing fee as per RTI Act ,2005.

 

No , total no.of pages or anything such mentioned .

 

What is advisable , in this case??

 

Please , Suggest.

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Prasad GLN

The query is not clear and inconsistent.

As I understand you have stated .....................Reply for all questions received

 

or

It should be understood as a common reply to all questions by PIO a simple answer.

The Sought information is voluminous in nature, hence you are requested to visit this office in any working day and collect the requisite information after depositing fee as per RTI Act ,2005.

 

If it is the only information provided by PIO for all your queries, if you are interested in getting them as specified copies, and if the information is provided within 30 days, write a polite letter and remind him with bold and under line for words in RTI Sec.7 (3) (b) & © and if you wanted specific answers to your queries, go for First appeal under Sec. 7 (9) and state grounds that PIO has to provide the information as per this stipulation, in the form as requested by applicant and can not dictate the form of information he can provide, other than the form in which information was solicited. (Seeking inspection, seeking certified copies, xerox copies, information through replies are different forms of seeking information--If applicant wants information as replies it should be provided as reply, if information is solicited through certified copies...it should be provided as certified copies alone)

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The query is not clear and inconsistent.

As I understand you have stated .....................Reply for all questions received

 

or

It should be understood as a common reply to all questions by PIO a simple answer.

The Sought information is voluminous in nature, hence you are requested to visit this office in any working day and collect the requisite information after depositing fee as per RTI Act ,2005.

 

If it is the only information provided by PIO for all your queries, if you are interested in getting them as specified copies, and if the information is provided within 30 days, write a polite letter and remind him with bold and under line for words in RTI Sec.7 (3) (b) & © and if you wanted specific answers to your queries, go for First appeal under Sec. 7 (9) and state grounds that PIO has to provide the information as per this stipulation, in the form as requested by applicant and can not dictate the form of information he can provide, other than the form in which information was solicited. (Seeking inspection, seeking certified copies, xerox copies, information through replies are different forms of seeking information--If applicant wants information as replies it should be provided as reply, if information is solicited through certified copies...it should be provided as certified copies alone)

 

Sorry, Prasad Sir , in hurry - I didn't mentioned properly my issue.

But you understood , what I mean.

(It should be understood as a common reply to all questions by PIO a simple answer.)

 

Ya. For all my queries - got a Common Reply.

 

Thanks , I will go for 1st Appeal , as advised by you.

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Prasad Sir & Sunil Sir

FAA called for hearing regarding this application .

 

Please , help with relevant points to defend in hearing of FAA.

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Prasad GLN

Focus on what was the ground:

The following was PIO response.

The Sought information is voluminous in nature, hence you are requested to visit this office in any working day and collect the requisite information after depositing fee as per RTI Act ,2005.

 

Just prepare well , present politely and submit the following written submissions , after oral submissions.

 

 

Submission of Appellant ...............................during First Appeal hearing on ........................ against PIO response dt.

 

It is submitted that PIO has not provided information stating the following reason which is not found in Sec.8 of RTI Act in exemptions.

The Sought information is voluminous in nature, hence you are requested to visit this office in any working day and collect the requisite information after depositing fee as per RTI Act ,2005.

PIO has also not provided calculation of such fee in advance and not demanded.

Appellant further submit the following and pray for treating PIO 's denial of information as deliberate and malafide.

 

1) Sec.7 Disposal of request : Last sentence., Either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in Sec.8 and Sec.9.

2) There is no such stipulation either in Sec.8 or Sec.9 that empowers PIO to reject information because it is voluminous in nature.

3)PIO has not stated such Sec.8 sub section with such justification for denial.

4. Appellant has not solicited inspection form of information. (Providing information may be on letter form, certified copies form, inspection and then certified copies or xerox copies.

5)Sec. 7 (9) stipulates: An information shall ordinary be provided in the form in which it is sought unless it would disproportionately divert the resources of public authority or would be detrimental to the safety or preservation of the record in question.

6)PIO has chosen to provide information, in his chosen form and asked applicant to inspect, without such request from Applicant and failed to justify his request as to how providing information disproportionately divert the resources of public authority or detrimental to safety or preservation of records. Any denial without justification under RTI has to be treated as deliberate and malafide denial as per precedent SIC/CIC/HC rulings.

 

7)As information has not been provided within 30 days , information has to be now provided free of cost as expeditiously as possible.

 

PRAYER: Appellant prays for a speaking order discussing the submissions made orally and through writing as above.

 

Appellant.

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Focus on what was the ground:

The following was PIO response.

The Sought information is voluminous in nature, hence you are requested to visit this office in any working day and collect the requisite information after depositing fee as per RTI Act ,2005.

 

Just prepare well , present politely and submit the following written submissions , after oral submissions.

 

 

Submission of Appellant ...............................during First Appeal hearing on ........................ against PIO response dt.

 

It is submitted that PIO has not provided information stating the following reason which is not found in Sec.8 of RTI Act in exemptions.

The Sought information is voluminous in nature, hence you are requested to visit this office in any working day and collect the requisite information after depositing fee as per RTI Act ,2005.

PIO has also not provided calculation of such fee in advance and not demanded.

Appellant further submit the following and pray for treating PIO 's denial of information as deliberate and malafide.

 

1) Sec.7 Disposal of request : Last sentence., Either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in Sec.8 and Sec.9.

2) There is no such stipulation either in Sec.8 or Sec.9 that empowers PIO to reject information because it is voluminous in nature.

3)PIO has not stated such Sec.8 sub section with such justification for denial.

4. Appellant has not solicited inspection form of information. (Providing information may be on letter form, certified copies form, inspection and then certified copies or xerox copies.

5)Sec. 7 (9) stipulates: An information shall ordinary be provided in the form in which it is sought unless it would disproportionately divert the resources of public authority or would be detrimental to the safety or preservation of the record in question.

6)PIO has chosen to provide information, in his chosen form and asked applicant to inspect, without such request from Applicant and failed to justify his request as to how providing information disproportionately divert the resources of public authority or detrimental to safety or preservation of records. Any denial without justification under RTI has to be treated as deliberate and malafide denial as per precedent SIC/CIC/HC rulings.

 

7)As information has not been provided within 30 days , information has to be now provided free of cost as expeditiously as possible.

 

PRAYER: Appellant prays for a speaking order discussing the submissions made orally and through writing as above.

 

Appellant.

 

Thanks a lot Prasad Sir, for providing well explained details.

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Prasad GLN

Please understand that for thanking you need not quote all the reply , just press the tab alone, the forum space is not free or cheap.

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Prasad Sir, regarding this RTI do applicant need to pay fees for information soughted .

Please, suggest ?

 

Chronology :

 

 

 

RTI filed - 10.11.2017(online)

Reply of PIO received - 19.11.2017 asking to visit office as sought information voluminous in nature .

 

First Appeal Filed - 18.12.2017 (online)

 

Notice for FAA hearing received - 28.01.2018.

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Prasad GLN

Saab, Please go through reply submissions. Wait for FAA orders, as no information was provided within 30 days you need not pay single rupee. Response is different from providing information /demand with calculation of fees. Had the PIO demanded specific fee, mentioning number of pages, the position should have been different. But, in your case, it is a deemed denial on invented exemption, hence as you have not received information in the form it is requested, you have not been provided with information and PIO can not demand the fees. However, after all it is own Government, and we are only paying actual costs and if the fees are reasonable, and if the information is urgent and important pay that amount as those expenses are actual. But, if information is not related personally to you and in larger public interest, and if you are sincere in proceeding further in larger public interest, do not pay that amount.

Legally you need not pay.

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Sunil Ahya
A RTI Application asking for details of funds, assistance provided by state government - in certain financial years for specific activities was asked.

 

What is the exact nature of information and the number of years (period) for which you have asked the information?

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Sunil Sir,

Main Points of RTI application are as follow as.

 

 

1.Which department or ministry of XXXXX deals with the granting of funds, subsidies , financial assistance for following

Religious functions /programs

Festivals

Any Pilgrimage

Please , provide contact details for above.

 

2. What are the criterias laid by XXX to provide financial help, assistance , grants for religious activities , pilgrimages etc. Please , provide details .

 

3. Please, provide me certified copy of details of all expenses, financial assistance of XXXXX in religious activities , religious functions , festivals , pilgrimages separately for the year 2012-2013, 2013-2014 , 2014-2015, 2015-2016,2016- 2017.

 

4. Please, provide me certified copy of details of the amount granted, expenses , subsidies for XXXXXX of following years seprately 2012-2013, 2013-2014 , 2014-2015, 2015-2016,2016- 2017.

 

5. Please, provide me certified copy of details of the amount granted, expenses , subsidies for XXXXXX of following years seprately 2012-2013, 2013-2014 , 2014-2015, 2015-2016,2016- 2017.

 

6. What are the rule and regulations followed by XXXXX , under which expenses are done or assistance is provided on religious activities . Please, provide details of it.

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Sunil Ahya

Frankly speaking, although I am not the PIO, however to me too, prima facie, the information appears to be voluminous, and so what was wrong in good faith to invite the applicant for an inspection?

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Prasad GLN

Let us be frank and call a spade a spade. I am surprised, as to why 5 years such voluminous details are required. Please seek such information that is useful to you or to society and continue to take forward the issue further till you find ultimate solution. As far as information is concerned, I feel that they have consolidated one page information ready Financial year wise. How the applicant wants to use the information, may be interesting. There are several factors that touch the query, as one public authority is not spending such amounts. The lessons learnt on GMC /Traffic both at Mumbai / Hyderabad RTI Applications posted in the forum gives a background of such expenditure.

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