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Anonymous Letters RTI


rtipatrol

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rtipatrol

Miscreants has played mischief by sending anonymous  letters using my name, address and mobile number.The letters were sent to various dignatories to defame ministers and fix them in some scandals.In this regard,I filed the following queries with Department of posts and got reply as follows

 

1. Provide CCTV footage available with your public authority

Reply: CCTV footage can only be given to investigation agency, provided,the Investigation agency need to produce an order under CrPC 95 from a magistrate to obtain the CCTV footage from Postal Dept.Its like even police need an order frommagistrate to get  CCTv footage

2. Provide copy of delivery manifest,name of the booking clerk who booked the anonymous letters and speed post receipts of letters booked using my name address and mobile.( Some of the letters arrived at my postal address due to wrong address).

Repky from PIO1.png.1dcc350ed7fd8d4bd61c791ab976869d.png

 

Please advice on First Appeal

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Prasad GLN

Go for first appeal as the applicants are not Anonymous but fraudulent persons with fake identity to defame the genuine RTI Activist with a reputation in society.

First Appeal dt.26th Oct,2020 under RTI Act.

Before:First Appellate Authority,  ............................

Against: CPIO, Supdt of post office...............

Appellant:

 

Grounds for Appeal:  PIO has to either provide the information or deny information stating such clause under Sec. 8 (1) of RTI Act with justification.  There was no exemption for CCTV footage in RTI Act, and every CPIO can not manufacture his own exemptions not stipulated in RTI Act. The information is solicited in larger public interest, as there is gross abuse/misuse of RTI Act with fake applications in the name of citizen.    FAA may grant personal hearing of FIRST APPEAL, as Appellate Authority  performing quasi judicial functions, check the returned envelopes now in the personal possession of Appellant,  and may collect such  xerox copy of envelopes and depending on the exact time of booking may provide that screen shot of booking such envelope with fake identity.

CPIO has not applied his mind and interpreting in his own style.  If the article is booked in the name of applicant, then as the information solicited pertains to him alone (SELF)  on the basis of public record, he has to provide the CCTV footage at the time of booking time, as applicant is also the sender and seeking his own information.  If there is really an exemption, CPIO ought to have mentioned and provided such copy of orders/circular/notification that bars citizens in seeking CCTV footage of their own in a public place.  But without justification and without any logic, CPIO has refused the information inventing his own grounds not stated in RTI Act, hence treated the denial as deliberate and malafide.

PRAYER:  Appellant prays for directions to CPIO to collect xerox copies of such envelopes, note the time, and provide the photograph of that person that booked the envelope for registration.  Immediately inform CPIO to protect the data and not to delete it till the matter is settled finally.  Appellant prays for providing the information free of cost as expeditiously as possible.  In case of  such frauds, a search can be made to find out  total number of such envelopes booked in such name if there is such a possibility in the system to give print out of the entire senders with such name usage. 

 

Appellant.

 

Edited by Prasad GLN
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rtipatrol

CPIO has provided copy of rulings that prohibits handing over CCTV footage to complainant   or any RTI Applicant.Even police need an order from Magistrate to seek the CCTV footage from HPO.

 

rulings.png

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Prasad GLN

Go for second appeal.  What ever is ruled can not be exempted.  When the applicant is asking for his own footage it must be given, and also establish larger pubic interest as RTI is being misused/abused by a criminal which amounts to impersonation.  Also file a complaint and seek such CCTV footage from PS also.

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rtipatrol

Post Office denied CCTV footage to Police citing the same rulings.Police has filed a petition seeking order from magistrate to get the CCTV footage from HPO.

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