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What is Rule 4(5) in Uttar Pradesh RTI ??


code88

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code88

What is Rule 4(5) in Uttar Pradesh RTI ??

I asked from the CMO about some CMO expenses online. They just rejected and in the remarks section wrote Rule 4(5).

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Prasad GLN

Post the relevance to context -Uttar Pradesh rules are available in our forum.  Search.

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Prasad GLN

Time and again, we have been requesting you to post the actual query and actual reason for denial, but in all your posts you have never posted the essential query.  If you want any guidance meaningful, you have to provide basic fundamental query and reason for such rejection.   Both are important.

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code88

I had asked about the electricty bills, number of ac in CM residence and the RTI was rejected and in the remarks it was written Rule 4(5)

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Prasad GLN

Go for first appeal 

Grounds for Appeal: PIO  has denied information stating such clause never stated in RTI Act and without justification. PIO has to either provide the information or deny information stating such exemption stated in Sec.8 or Sec.9 with justification.  PIO has mentioned unknown reference Rule 4 (5) which is in no way connected with RTI.   Treating the information as unlawful, deliberate and malafide denial, this first appeal.

PRAYER: Appellant prays for directions to PIO to provide the information as expeditiously as possible free of cost and PIO may be advised to provide or deny information in a language known to all and in a style every one can understand.

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Sunil Ahya

As per section 7(1) of the RTI Act, an information has to be either provided or the request for information rejected for any of the reasons specified under section 8 or 9 of the Act. The PIO has neither provided the information nor rejected the same for any of the reasons specified u/s. 8 or 9 of the Act.

It is necessary to note here that Rule 4(1) is not a provision under section 8 or 9 of the RTI Act.

Thus, the PIO has declined my request for information in violation of the provision of section 7(1) of the RTI Act.

Please find section 7(1) of the RTI Act quoted below for your immediate reference (emphasis in bold and underline added):
 

Quote

 

7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:

Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

 

 

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