2nd appeal

[R B CHAVAN 2]

I had asked for the copy of the construction permission with plan of my adjoining property. The first appeal was dismissed as the third party ( adjoining property owners) had not given the consent to provide the information which was accepted by the  appellant authority.In the 2nd appeal the commission order was as follows" In future the respondent must provide the information as asked by the applicant except the information as in section 8(1) of the RTI act 2005 and by asking the applicant to pay the fees as per section 7(3)(a). Information must be provided after receiving the necessary fees. in case the information is not available in your office the same has to be transferred under section 6(3) within 5 days and to inform the applicant , it is directed. Also it is warned that in future  all applications must be handled as per RTI rules and the matter is closed"  No where has the commission directed  the PIO to furnish the information.  It appears as the commissioner has explained the rules of the act to the PIO. The order is not as speaking one . what is the use if such orders are passed after waiting for such a long time.My appeal no. was KIC10960APL2018.

[Prasad GLN 1,791]

The order though stated specifically to provide information has warned PIO to provide the information except exempted under Sec. 8 (1) which means that as there is no exemption of this public record, the orders are for providing you copy of the plan approved by the authority which is within the custody of PIO.  The following as per your post is relevant.

 In future the respondent must provide the information as asked by the applicant except the information as in section 8(1) of the RTI act 2005 and by asking the applicant to pay the fees as per section 7(3)(a). Information must be provided after receiving the necessary fees

Immediately write to FAA for directing PIO to provide the information as a sanctioned copy by authority is not exempted under Sec.8 (1) and also mark this to SIC.

Wait for a month and then make complaint to SIC stating that PIO has continued his old attitude and violating RTI rules and regulations.

The plan submitted to Public authority by a citizen is a public record and there is neither invasion on the privacy of any third party nor it is personal information exempted under RTI.

[R B CHAVAN 2]

I wrote to the FAA on 24/01/2019 as told above. After 30 days I wrote (request not complaint) to the SIC where I received a letter from the Under Secretary KIC informing me that my request cannot be considered and the matter(2nd appeal ) has already been settled on 20/12/2018 as ordered by SIC. Will I be able to get the information.                             

Edited May 20, 2019 by RBCHAVAN

[Prasad GLN 1,791]

Have you written on the top as heading Noncompliance of SIC Orders Complaint  If not send it once again to SIC.

Before

Karnataka State Information Commission, Bangalore

Decision No:

Against: State Public Information Officer,..............

Complainanant:............................

Complaint on Non compliance of SIC orders.

 

Appellant submit that SPIO, has not implemented the orders of SIC as referred above, inspite of sending such non compliance notice.  Appellant prays for directions to SPIO to provide the information as expeditiously as possible.

 

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Date                                                                                                                                                    Appellant.

I have read the post and noted your concern.  But it is not proper to point out the mistake of IC, hence let them realize the mistake in their orders through this complaint.  Also file fresh RTI Application and state the SIC  decision.  Mark this complaint to spio and enclose a copy of RTI Application relevant to that SIC decision.

[R B CHAVAN 2]

Sir,

       Inspite of writing in the above format, the Under secretary has once again written to me stating that the complaint for non compliance was placed before the SIC & as the matter has been decided on 20/12/2018, the complaint cannot be reconsidered as directed by the SIC. I doubt whether the complaint was really placed before the SIC.

[Prasad GLN 1,791]

Strange.  The only option is either to commence the work with fresh RTI seeking same information from friend or relative or go for writ before HC.

 

[R B CHAVAN 2]

Sir, 

       Since I have not got any information why can't I (in the same name) once again reapply.seeking same information. 

 

[R B CHAVAN 2]

I met the SIC when I had been to B'lore regarding the above replies & he told me to approach the PIO office and remit  the fees first and inspite of that  if he doesn't provide the information I will certainly take action. Following him I went to the office and immediately the PIO handed me the challan to remit the fees which was paid. The PIO told me that the information will be provided as per the order.

[Prasad GLN 1,791]

Reduce entire process in writing to SPIO and make it a copy to FAA & SIC.

As per instructions from Shri.................,....................Designation, the appellant met SPIO on...................at his office, and as directed by SPIO, a sum of Rs......................was remitted through challan for seeking certified copies on..........................

Please arrange to send certified copies as expeditiously as possible in compliance of SIC decision .No................dt.........................

Appellant

Copy to FAA: with a request to direct PIO.

Copy to Shri................................with reference to his advice on...........................informing  process to be followed for non compliance complaint dt..............................................against SPIO, as per SIC decision No........................