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RTI under life and liberty clause


mahekovoor

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mahekovoor

There was a ruling by CIC in March 2017,that the pension matters to be treated under life and liberty clause of the rti act 2005.

 

Recently,on a pension matter,I had send a second appeal to CIC quoting this for an immediate decision. The second appeal was filed on 30 sep 2017. even after 2 months,there was no decision by CIC on the matter. I had filed a writ petition at delhi HC against the CIC.

 

However,the court vide the above ruling declined to consider the pension under life and liberty clause. The court had only given a casual direction to CIC to expeditiously settle the issue with out giving any time frame.

 

I am planning to file an appeal before the division bench.

 

I seek the valuable opinions of all in this regard

241272_2017.pdf

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Prasad GLN

The clause is related to sustenance of the family and pensioner, and every pension matter may not be under Life or Liberty. But irrespective of that clause, a senior citizen must get priority in hearing. Even if you go to appeal to Division Bench, CIC in my opinion, you may not get justice on RTI matter. Further, CIC may take your case as irritant appellant.

There is a grievance redressal system by DOPT and separate priority and online site for settlement of pension grievances, and every dept must conduct lokadalats etc.

Do not think that CIC favourable decision can get a remedy. Always focus on final remedy. Also contact Legal Services Authority.

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mahekovoor
The clause is related to sustenance of the family and pensioner, and every pension matter may not be under Life or Liberty. But irrespective of that clause, a senior citizen must get priority in hearing. Even if you go to appeal to Division Bench, CIC in my opinion, you may not get justice on RTI matter. Further, CIC may take your case as irritant appellant.

There is a grievance redressal system by DOPT and separate priority and online site for settlement of pension grievances, and every dept must conduct lokadalats etc.

Do not think that CIC favourable decision can get a remedy. Always focus on final remedy. Also contact Legal Services Authority.

 

most of the grievance redressal system on pension matters are not of much help.eventhough One can try the central govt pension grievance redressal portal PGPRTL or even prime minister's grievance redressal cells,these are not practically of no use. I am running a case at supreme court on this matter. In order to collect certain material evidence on the matter,i had tried to use RTI.

 

I am representing a group of around thousand pensioners. All are in the age group of 60 to 80.

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mahekovoor
most of the grievance redressal system on pension matters are not of much help.eventhough One can try the central govt pension grievance redressal portal PGPRTL or even prime minister's grievance redressal cells,these are not practically of no use. I am running a case at supreme court on this matter. In order to collect certain material evidence on the matter,i had tried to use RTI.

 

I am representing a group of around thousand pensioners. All are in the age group of 60 to 80.

 

further to above,just now I received a communication from CIC stating that my second appeal dated 30 sep 2017 received by them returned because of the following deficiencies.

 

a) filed appeal with out waiting for 45 days after first appeal . ( I had filed second appeal with in 2 weeks as i had raised the issue under life and liberty clause).

b)re submit the documents as the early one was not properly scanned.

 

their letter is dated 21 dec 17,where as the judgment dated 18 dec 17. may be an after effect of the judgment.

 

so No scope of an early relief from CIC.

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Prasad GLN

That is the way CIC works to avoid responsibility. You ought to have stated that Life or Liberty clause time and reasons for such early filing.

(This is the meaning my first reply: CIC may take your case as irritant appellant.

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mahekovoor
That is the way CIC works to avoid responsibility. You ought to have stated that Life or Liberty clause time and reasons for such early filing.

(This is the meaning my first reply: CIC may take your case as irritant appellant.

 

may be you are correct sir.

 

experience makes us perfect.

 

in fact in my second appeal,the reason for filing under life or liberty was clearly mentioned. anyhow it is clear that any further attempt from my side is going to be only wastage of further money and time on my part. Yes,RTI is for smaller organsations and note effective for biggies usually.

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Prasad GLN

But, those may not deter any citizens. There should be a meaningful fight for causes. Resubmit second appeal with you reasons and also add that FAA has not responded even after 45 days till now. Let us continue to do our duty, irrespective of final result. There is every possibility of getting a good decision, as it was already referred to HC with a fear in IC to deliver a speaking order. Do not stop till you reach the goal. Continue.

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