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The TMC rejected my RTI application on grounds of language


PrasadShrivatsa

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PrasadShrivatsa

Hello everyone. 

I live in Karnataka. Some time ago, I had filled an RTI application with the local town municipal corporation. I had written it in English and they said they would respond only if it was written in Kannada, the state language. Although Kannada is my mother tongue, I refused to re-write my application in Kannada and filed it with the TMC anyway. 

A couple of weeks later, the TMC sent me a letter saying I have to file it in Kannada and that until I do so my queries would not be answered. 

Are the state public authorities entitled on the grounds of language to decline to supply information sought under the RTI? 

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Prasad GLN

Great that you have adhered to stipulations in RTI Act.

Go for first appeal

Grounds for Appeal: There is no such clause in either Sec.8 or Sec.9 and such clause for denying information was invented by SPIO .  If there is such a Government rule and regulations in Karnataka State to entertain RTI Application only in Kannada, PIO must have stated such reference or  such decision or rule for rejecting application.  Without justification a denail amounts to deliberate and malafide and to stir regional and languages among a peaceful states..  Infact, it is the PIO that has to help in drafting RTI Application suitable for the purpose.

PRAYER: Appellant prays for directions to SPIO for providing information as expeditiously as possible, and also call for such data as to how many applications were rejected by that SPIO after RTI enactment, and the rule that gave him authority on such invented clause by him.

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Sunil Ahya

Kindly file a first appeal by citing section 6(1) of the RTI Act.

Please find the relevant excerpt from section 6(1) quoted below (emphasis underlined):

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6. (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—

As one can see from the plain language of section 6(1) of the RTI Act, a RTI application can be filed either in English OR in Hindi OR in the official language of the area.

Therefore, it is up to a RTI applicant as to in which, one out of these three language options, he would prefer to make the RTI application.

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