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Stubborn PIO not furnishing information


TomRiddle12345

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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!

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TomRiddle12345

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

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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?

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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.

 

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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.

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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.

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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.

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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.

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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 😊

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