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They denied application under sec 8(1)(d)


syed sumair

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syed sumair

The PIO denied denied information under sec 8(1)(d), claiming that to be of commercial confidence. But it will affect millions of people & feasibility study [ perspective plan] is funded and procured by the Government of India http://pib.nic.in/newsite/PrintRelease.aspx?relid=101154 .

 

The perspective plan has been shared with Govts of Maharashtra &Karnataka as answered to Rajya sabha Question no 13. on 24th feb 2016,

 

the PIO has provided incomplete information, attached reply by the PIO.

 

When i file first appeal, the FAA dismissed my appeal without hearing.

 

please guide what to do.

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Prasad GLN

As per the images FAA dismissed the first appeal on grounds that information was provided to you within stipulated 30 days. There is no mention of other grounds of first Appeal and discussion.

It is not clear as to which Public Information officer you have filed application and the reasons for abnormal delay in receiving your application by concerned PIO.

You can file another Addendum to First Appeal stating such grounds which you are now disagreeing and pray FAA for personal hearing and speaking orders.

you can go for first appeal on Point No.1 stating that PIO has not justified for using exemption 8 (1) (d)

Regarding Point No.2 ,3,4 you have to structure your appeal as how you are under the impression that information is available with PIO

and seek that information from the custodian of such record.

Regarding Point No.5: You may explain exactly what you wish to seek from that PIO.

Also go through entire process once again. To Whom you have filed application, who routed / forwarded the application, if that information is not available with DMICDC, forwarding that application to them is not proper.

The PIO that first received that information should have severed those 2,3,4 points to relevant PIO.

Make first appeal to original FAA also praying for directions to PIO to severe point 2,3,4 to relevant PIO.

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Sunil Ahya

The best way forward is to file a second appeal with the concerned Information Commission against the decision of FAA.

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Prasad GLN

Sunil saab,

The first appeal is on deemed denial of information,

PIO denied information later,

When there is no discussion of grounds,

Let FAA deny the Addendum first,

as second appeal takes minimum 2 years for coming up for hearing.

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Sunil Ahya

One may do both the things simultaneously, file an Addendum to first appeal and watch the outcome and at the same time book a place for oneself in the second appeal queue.

 

If the Information Commission does not accept the iterative first appeal concept (i.e. first appeal, its disposal, filing another iterative first appeal as an Addendum and then its disposal) then there is a possibility that the second appeal may become time barred. Therefore instead of waiting for the disposal of iterative Addendum first appeal, it is better to book a place in the second appeal queue. Now, if the FAA gets one the required information one may ignore the second appeal proceedings that may take place at a future date. However, if the FAA does not get one the required information, then the place booked in queue helps expedite the matters. Therefore in my view it is safer to go ahead and file a second appeal.

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syed sumair

Regarding Point No.2 ,3,4 you have to structure your appeal as how you are under the impression that information is available with PIO

to severe point 2,3,4 to relevant PIO.

 

Dear sir

As DIPP forwarded the application to DMICDC, attached copy.

The cocerned information is available with DMICDC as i had filed another rti with Karnataka state PIO [ attached ] he also forwarded it to the same CPIO.

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Prasad GLN

Have patience and wait for FAA response.

Do not believe that such captions bring information, as not even one decision by CIC that the information that can not be denied to Parliament must be provided to citizen. I have not heard either from HC or SC ruling about this reference.

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Sunil Ahya

Wait for 45 days from the date of receipt of your first appeal by the concerned First Appellate Authority. If you do not get any response within 45 days or if you get a response and you are not satisfied with it, then the best way forward is to file a second appeal before the concerned Information Commission.

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