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PIO Denied RTI Reply based on CIC Rule


RTI Karwar
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For one of my RTI, PIO denied the reply stating "According to the Central Information Commission RTI I(2013)127(CIC), File Nos. CIC/BS/A/2012/000767/000768/ 000919/1607, Date of Decision: 04/01/2013 petitioners questions cannot be answered".

Can someone please let me know where can I find the above rule of CIC which states information can be denied for certain questions?

The RTI request I had filed did not ask for any sensitive information nor any of the categories which are generally denied.

Any help in this regard is much appreciated. Basically I need to know what the above rule of CIC states. I will go for an appeal after reading through this CIC rule.

Many Thanks.

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Thanks sir for your response. I found this CIC ruling in the below judgement.

https://indiankanoon.org/doc/130513868/

Actually my query does not have any why, what, whether related queries. Below I have pasted the verbatim as it appears in my RTI Application.

"This RTI Application is in reference to Corrigendum No:SE(E)/SSouth/(E)-2/18-19/8765-52 dated 23-04-2019 published in newspapers

The applicant requests disclosure of the following information under this present RTI application:

1. Please provide information on the enforcement date/effective date of these new rules published in the above referred Corrigendum i.e, will these rules be applied retrospectively from the date of publication?"

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Many thanks sir for your response. I will file a FA in this regard.

Just to complete this thread, below I have pasted the reply provided by PIO in this said RTI application.

"According to the Central Information Commission RTI I(2013)127(CIC), File Nos. CIC/BS/A/2012/000767/000768/ 000919/1607 Date of Decision: 04.01.2013 petitioners questions cannot be answered. However, the subject corrigendum published in the newspaper is purely in the interest of safety of general public only and to abstain/discourage general public from violations of Electricity Act 2003"

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This means the directions come into force from date of the notification and no retrospective effect, unless the reference is reiterating the earlier directions.

However educate the PIO through first appeal as this part of query was treated as question:  

 i.e, will these rules be applied retrospectively from the date of publication?"

 
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  • 2 weeks later...

Dear sir,

I had filed an FA w.r.t the above RTI. The FAA has summoned for personal hearing in his office.

I will not be able to travel for personal hearing that too 500+ kms away from my residence.

Can you please let me know on next steps. What should be my reply? Can I ask for a video conference if personal presence is mandatory?

My preferred way would be to get a response to my RTI via email. Can I request FAA to reply via email as I will not be able to attend the personal hearing?

Please help.

Note: I had never requested any personal hearing in my FA.

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FAA,...........

Respected Sir,

Reg: Call for personal hearing at FAA's office with reference to First Appeal dt...

Ref: Your letter No.

Appellant is highly thankful for giving opportunity of personal hearing but this appellant is not able to travel 500 KM to and fro for simple information, as attending hearing is not mandatory and stated in RTI Act.

The appellant will highly be thankful if the opportunity of hearing through mobile No..................

Please confirm the time of hearing by e mail to ........................enabling the appellant submit his grounds for appeal.

If such opportunity can not be given, please deny stating such reasons, and kindly decide basing on facts of the case, as per CIC decision by Hon IC SG, the CIC decision stated by PIO was over ruled, as there was no such stipulation on types of sentences while seeking information, and it was ruled that if the information is available in the form of material, irrespective of the manner in which information was solicited.   Please advise PIO to update.

The appellant will highly be thankful if FAA orders are sent by e mail to.....................followed by hard copy immediately after hearing the PIO.

Appellant.

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  • Moderators

There are several decisions where Appellants have been heard through tele-Conferencing in both RTI First Appeals as well as Second Appeals.

I have attached a pdf file with all such decisions, cite these decisions and humbly request the FAA to hold the first appeal hearing through tele-conferencing.

Appellant heard on TELE-CONF in RTI Appeals.pdf

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I have filed RTI to DOPT asking them to direct FAAs to provide opportunity of personal hearing relying on earlier CC decisions and SC judgments on principles of natural justice , and I was informed that as there was no such stipulation in RTI Act, they can not issue any O & M, it is FAA's discretion.

@SunilAhya saab, great to file such lengthy justifications which involves huge expenditure and fight with DOPT, interested in learning CIC decision on second appeal and reasons given by CIC for such decision)

Edited by Prasad GLN
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