Jump to content
  • 0

Can legal adviser answer behalf of public Authority ?


Darvin
 Share

Question

I filled the RTI seeking the the info abt the fees collection in Govt aided school. I got the reply from the legal adviser of the institution.

Wanted to get few clarifications for further proceedings…

  • Can a Legal Advisor reply to the RTI on behalf of a particular Public Authority {organization/ Institution}.
  • In the letter the Legal Advisor has specifically quoted that the application is wrongly addressed as well this institution is not covered under the RTI act….
  • In the reply from the PA,{sent by the Legal Advisor on behalf of the Institution} had used Demeaning/Dehumanizing and Demotivating language – as per my assumption I clearly see that there is an strategy used for me to withdraw this application from further proceedings…

    • How do I take up this unlawful words used in the RTI by the Legal Advisor as well how do I Pass on the information that RTI is a common man’s law to the Advocate?
    • What is the clause for me to fill against this para that did hit my Humaniness?

    [*]Hence forth – How should I proceed with this application?

Link to comment
Share on other sites

19 answers to this question

Recommended Posts

  • 0
  • Super Moderator

Darvin,

 

Very interesting case !

 

1. Legal Adviser cannot sign a reply to a RTI Application.

It has to be invariably be signed by the PIO.

Please read this complete thread:

http://www.rtiindia.org/forum/693-signature-pio-cpio-must-reply.html

This can be one of the grounds for first appeal.

 

2. I cannot understand what is meant by application is wrongly addressed.

Did you application say at the top: "Application under RTI Act 2005" ?

Did your application indicate anywhere that it was under RTI Act ?

If any of the above is true/correct, then it should have gone to the PIO.

 

3. However, in your case, the Public Authority (PA) has denied that they are a PA, therefore question of having a PIO does not arise.

 

4. You have to argue in your First Appeal that the school is a PA.

There is a various decisions of the CIC about if a Govt. aided school is a PA or not.

Please see:

http://cic.gov.in/CIC-Orders/Decision_28052007_17.pdf

http://cic.gov.in/CIC-Orders/Decision_03122007_04.pdf

http://cic.gov.in/CIC-Orders/Decision_24092007_05.pdf

 

5. The "language" part is serious.

Make this one of the reasons for your appeal.

At the end of the appeal "pray" or "make a plea" that the concerned PIO should be strictly warned to use proper language in official replies, etc. etc. etc. AND that disciuplinary action be taken as per prevalent rules and regulations and that you should be informed of the action taken.

 

6. Proceed with First Appeal.

Link to comment
Share on other sites

  • 0
  • Moderators

u will have to prove that school is a Public Authority by proving how much aid they are getting. I suggest that instead of approaching the school, the education dept of the govt should also be asked the required details of the school in question. This is an additional way out.

Link to comment
Share on other sites

  • 0

Hi folks,

I have a question here, might well end up looking stupid but neverthless i shall raise it. Who holds the authority to decide if the contribution of the Govt is substantial enough to be deemed as a "Public Authority" and is there a well established forum of the Govt where one can easily access this information rather than putting an RTI everytime you want to figure out if one is really a PA... Also If one such forum doesnt exist, can we put an RTI claim from CIC and ask them "To establish an Authority to publish a list of all Public Authority.

 

Sriram

Runing my life as a S/W engineer:D

Link to comment
Share on other sites

  • 0
  • Administrators

@Sriram,

You might like to read the glossary term here:

RTI India - Glossary - Substantially Financed

 

And unfortunately there is no established proactive disclosure in many Ministries and Government Offices. It is for this we started campaign http://www.rtiindia.org/forum/2310-proactive-disclosure-campaign-under-section-4-rti-act.html

 

You might like to download the sample application and start using it to get Government organs to participate more.

Link to comment
Share on other sites

  • 0

Hi All,

 

Thanks for all your input. I have filled the first appeal 22nd Jan with the Tamil Nadu state information commisionar. Below are the sequence of events happend,

 

- 22nd Jan i filled the first appeal to the State information commission.

- Waited for 40 days. Haven't got any response.

- Called state commissionrs office. They asked me to send the reminder to the PA(School HM)

- Waited for another 40 days.No responce

- Inform the same to the commissionrs office.

- After 15 days commisionar send the hearing notice to both the parties(Me and the School HM)

- Hearing happend on 26th June.

- Commissionar paased the order on same day.I have received the signed copy on 8th July 2008.

Order details :

- The public Authority violated the provisions of Act.The information must be proived with in three days of this order and deliver to the petitionar at his place. His acknowledgement obtained and file to the commission.The information must be provided free of cost and any payment made by the petitionar must be refunded to her.

- and also he gave three weeks time to give the clarrifications on the why he(PA) refused to provide the information.

 

It almost 3 weeks the order has been passed. So for no information from the PA.

 

Hence forth – How should I proceed with this further ? "

Link to comment
Share on other sites

  • 0

I would suggest writing a letter to Chief State Information Commissioner regarding the same. Quote the order and date in the letter. Also forward a copy of the same to the PA (School HM) and First Appellate Authority (which should be Director Public Instructions (S)). In the letter also ask for the PA to be punished under section 20(1) and 20(2) of RTI Act.

Link to comment
Share on other sites

  • 0

Thanks for your input Jiwateshwar. Can you please tell me who is the first appellate authority. You mentioned 'Director Public Instructions '. I am not clear about this.

 

Need your input .

 

Thanks,

Darvin.

Link to comment
Share on other sites

  • 0

Following is the address of DPI, the letter Should be addressed to the C.P.I.O.

Rather than writing straight to the SIC, it would be better to write the letter to the Director of School Education. In the letter you can ask him to make the PA comply with the oders of the SIC. Do not forget to include a copy of the orders of the SIC. Ask him to get them to give the information to you within a week. Fwd a copy of this to the SIC and the PA. If the information is still not delivered to you, then file your first appeal before the Director.

 

C.P.I.O

o/o Director of School Education,

DPI Campus, Chennai.

Phone:

Off : 2827 8796

Email:dse@tn.nic.in

Link to comment
Share on other sites

  • 0

You are lucky Darvin, to establish such a good rapport with the SIC that he has gone out of the way to help you. Instead of following above stipulated method, why don't you follow the same method you have successfully tried. Go to the SIC's office, meet the same person, continue to put an innoscent looking face as hitherto been and project the feed back. You are bound to succeed.

Link to comment
Share on other sites

  • 0

Yes Sir...

 

I sopke to the Commissionar. He asked me to send the Complaint thru Fax. I did it. Hope he will take the action. Palnning to call him on Monday.

 

Keep you posted on the updates,

 

Darvin

Link to comment
Share on other sites

  • 0

Hi ,

 

Again come back to you on this.

 

Thanks for all your input. I have filled the first appeal 22nd Jan with the Tamil Nadu state information commisionar. Below are the sequence of events happend,

 

- 22nd Jan i filled the first appeal to the State information commission.

- Waited for 40 days. Haven't got any response.

- Called state commissionrs office. They asked me to send the reminder to the PA(School HM)

- Waited for another 40 days.No responce

- Inform the same to the commissionrs office.

- After 15 days commisionar send the hearing notice to both the parties(Me and the School HM)

- Hearing happend on 26th June.

- Commissionar paased the order on same day.I have received the signed copy on 8th July 2008.

Order details :

- The public Authority violated the provisions of Act.The information must be proived with in three days of this order and deliver to the petitionar at his place. His acknowledgement obtained and file to the commission.The information must be provided free of cost and any payment made by the petitionar must be refunded to her.

- and also he gave three weeks time to give the clarrifications on the why he(PA) refused to provide the information.

 

It almost 8 months the order has been passed. I have send 4 reminders to the State commisionar.

 

Hence forth – How should I proceed with this further ? " Shall i approcha media to highlight this. If some one give input that would be great.

Link to comment
Share on other sites

  • 0
  • Super Moderator

1. You can file a official report of "Non Compliance" of the Commissions order with the SIC under Sec 18(1)(f) of the RTI act.

2. If you have media contacts, get it highlighted in the media as to how the Public Authorities in Tamil Nadu are not even obeying the orders of the SIC and that SIC is not doing anything about it.

Link to comment
Share on other sites

  • 0

Hi Sir,

 

I am not clear on the first point..Can you please eloborate little bit further ..

 

// 1. You can file a official report of "Non Compliance" of the Commissions order with the SIC under Sec 18(1)(f) of the RTI act.///

Link to comment
Share on other sites

  • 0
  • Super Moderator

That is a very clear cut order.

You should:

 

1. File a Complaint under Sec 18(1)(f) with the TNSIC for Non Compliance

2. If you wish, include a prayer for compensation - clearly indicating why you should be compensated and giving detailed justification as to how you arrived at the compensation amount that you are seeking.

 

The Complaint has to be filed by you only since you are the directly interested party.

 

Moreover, you can file another RTI Application with the same School asking them to provide you information as to:

 

1. What have the done in response to the order of the TNSIC

2. Certified copies of the reply they have given

3. Whether they have appointed PIO in the school and also implemented Sec 4

 

Any one can file this application. It is not necessary that only you file this RTI Application.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
      119.8k
    • Total Posts
      428.3k
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy