Jump to content
  • 0

Stubborn PIO not furnishing information


TomRiddle12345

Question

TomRiddle12345

Hello all,

              We've applied to the police station under RTI act for the info of FIR on our family member.

However PIO replied saying information cannot be given as investigation is ongoing and rejected our RTI under sec 8(j).

Aggrieved from the decision, we appealed against the decision to FAA, and surprisingly FAA did gave the decision to give information under 7 days free of cost.

          However,(here comes tricky part) PIO still refuses to give information even after 3 months (due to covid 19 pandemic) saying investigation is still on going..

     What should we do now? Should we file for second appeal?? But I've heard Sic is hearing any appeals, Can I complaint about this to anyone?

Please tell me what should I do next..

Thanking you!

Link to post
Share on other sites

8 answers to this question

Recommended Posts

  • 1
TomRiddle12345

Ok sir thank you for all the information. I'll definitely go for second appeal, your information was really helpful to me.

Link to post
Share on other sites
  • 1
  • Moderators
Sunil Ahya

Prasad Ji, If I understand it correctly, the poster has stated that the FAA has approved his first appeal and directed the PIO to provide all the requested information, however, now the PIO is taking umbrage under the pretext that: Yes the FAA has passed an order but I shall not provide the information for the time being since Covid19 is going on.

So now the PIO is not denying information but is delaying to provide it on the ground of Covid19 .. therefore the question of the poster maybe: What can be done about it?

Link to post
Share on other sites
  • 1
Prasad GLN

Yes Sir, I am mistaken.  CIC can never proceed against FAA and can only proceed against PIO for not obeying FAA orders.  So, receiving the copy of second appeal may also convince PIO.

'"Aggrieved from the decision, we appealed against the decision to FAA, and surprisingly FAA did gave the decision to give information under 7 days free of cost.

          However,(here comes tricky part) PIO still refuses to give information even after 3 months (due to covid 19 pandemic) saying investigation is still on going.."

The member was requested to provide exact query and reply as 8 (1) (j) is different from investigation.

 

Link to post
Share on other sites
  • 0
Prasad GLN

Unless you specify the information exactly solicited by you and exact PIO reply it is difficult to guide.

It is true that when the investigation is in progress, PIO need not provide information as per Sec.8 (1) as providing information may impede the progress of investigation..

The most important point here is the justification part.

PIO has to explain as to how providing that information can impede the progress of investigation.

If he fails to give justification, it amounts to deliberate and malafide denial and you can prefer second appeal to State Information Commission.

Link to post
Share on other sites
  • 0
TomRiddle12345

Sir we just want copy of FIR, and few documents related to it. PIO haven't given any justification other than "info can not provided under sec 8(1) (j) "

        Sir is there any online method to apply for 2nd appeal? 

But will CIC entertain our case because faa has passed the order to give information and we still haven't got it.

Link to post
Share on other sites
  • 0
Prasad GLN

I am sorry, some thing is missing in communicating the facts.

FIR is a public document that has to be uploaded in website and the denial of such FIR copy under Sec. 8 (1) (j) is unknown.

8 (1) (j)  is on providing of information of third party and while denying information, the PIO is expected to obtain Third party comments also.Without such justification and third party comments, the denial is not proper.  This is certainly a good ground for appeal.

(You have in your first post stated that information was denied on  pending investigation point)

The First Appellate Authority is a superior over Public Information officer and they both belong to one dept.,

In view of this if appellant is not satisfied with FAA orders, he must go for second appeal if the information is urgent and important.

The purpose and objective of second appeal is to assure citizens that there is an indepedent party that can take care of citizen's right, 

You have neither copied and pasted information part or PIO reply part and give different versions of denial in different posts and want whether CIC can entertain the second appeal.

If it is Police, the FAA order stipulate as to the Second appeal authority and his address.  Defnitely it is not CIC and it must be State information commission (if not UT)

RTI bare act can be downloaded free or a book in your mother tongue can be purchased.  Please go through Sec.8 and Sec.19 and learn basics as you can teach others also.

Link to post
Share on other sites
  • 0
Prasad GLN

RTI is not that easy, and by clicking a button you can never get information on second appeal.

It may take more than 2 years for the present or more and the result in your favour is uncertain.

So, it is most necessary to construct such second appeal.  

When you have your own reservations to upload query, and resonse without names, we feel sorry for not guiding you precisely.

Link to post
Share on other sites
  • 0
TomRiddle12345

Yes Sunil ji, you have understood my question correctly and thanks for the response, I'll consider the 2nd appeal, asap

Thanks to both of you 😊

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Most Solved

    1. 1
      Sunil Ahya
      Sunil Ahya
      3
    2. 2
      RTI RAJENDRAN
      RTI RAJENDRAN
      1
  • Popular Contributors

    1. 1
      Sunil Ahya
      Sunil Ahya
      10
    2. 2
      RTI RAJENDRAN
      RTI RAJENDRAN
      7
    3. 3
      Prasad GLN
      Prasad GLN
      4
    4. 4
      subbu23
      subbu23
      2
    5. 5
      Priya De
      Priya De
      2
  • Our picks

    • Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
      Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures.
       
      Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments.
      The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records.
      “In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted.
      Originally posted here!
       
      • 1

        Reputation Points

      • 0 replies
    • Some of you -- at least CJ Karira, who helped me years ago in one crucial step, getting SEBI to acknowledge its own circular! -- know of a 15-year quest among desi academics to get SEBI to release its stale masked FII data for academic research. At one point years ago a parliamentary query by Shyam Benegal, then Rajya Sabha MP, sought the release of this data for academic research. He then made a subsequent RTI query asking what had done about his complaint about the terrible answer he got to his parliamentary question. We thought we had succeeded when in response to that SEBI did put in public domain that FII data and promised to update. And to  their credit, they did update it from time to time, even if a bit fitfully. But thanks to a question by a curious IIT-Madras undergrad, we realized that what SEBI gave with one hand they took away with another. While the idea was that the FII IDs would be masked to preserve privacy, without telling anyone, SEBI changed the masks each month, drastically reducing the value for academic research (since you can't even tell how many distinct FIIs are there in the data base, and whether anyone traded over time). It also caused mistakes in academic research since no one imagined that SEBI would use changing masks, when no other regulator or exchange on the planet does so.

      To get SEBI to finally agree to not hide by changing masks, but to keep a stable mask, has taken many years. But at least per the ruling received yesterday, it has been achieved, with no violence to anyone. I attach the ruling. I can also post the various submissions made at the Second Appeal hearing if there is any interest (need to scrub email-IDs, per the policy of this site).

      Addendum_To_CIC_2nd_appeal_28th_February_2020.pdfThis RTI site, in particular Karira-ji, has been very helpful to me in the course of this long episode thru countless RTI queries. And I am grateful for that from the bottom of my heart. I am confident we will see quite a few PhD dissertations using this database within the next few years.

      Addendum_To_CIC_2nd_appeal_28th_February_2020.pdf
      Second_Addendum_w_Appendices_29th_Feb_2020.pdf
      CIC-SEBIH-A-2017-139953-BJ.pdf
      Third_Addendum to Additional Submission for RTI Second Appeal_2nd_March_2020.pdf
      To_CIC_2nd_appeal_27th_February_2020_Redacted.pdf
      Draft_Talking_Points_for_the_Hearing.pdf
      From_SEBI_Written Submiissions - Murugappa Krishnan 139953.pdf
      thanking_CIC_post_decision_Redacted.pdf
      • 4

        Reputation Points

      • 3 replies
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy