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pooorabyoura

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pooorabyoura

There is no provision to withdraw an RTI application under RTI Act 2005. Why is that?

 

An anecdote I came across in RTI discussions in a group yesterday:

 

A person filed an RTI application for information from a public utility. Later on, he was made to realize that it would attract attention to some "suo moto" public initiative taken up by the utility to help the public (they were consciously flouting some restrictions imposed on them. It has been lobbying for the past 5 years with the higher authorities to see reason and relax the restrictions imposed in1968 when pressure on the utility was no so high).

He tried to withdraw the applicationm but there seemed to be no way of doing it. Directly asking the SIC for directions also did not help. Eventually he received the reply.

But meanwhile, the initiative taken by the Public Utility was withdrawn, so that now 30% less people can be serviced, waiting times for service have gone up from four days to seven days, private agents have sprung up to manage lubrication. An agitation is brewing up...

 

The applicant's name is known to all concerned, and a lot of scorn and pity ("He has axed his own feet") is directed at him.... RTI has taken a step backwards.

 

What went wrong here? The applicant's intention was not what things led to: he simply wanted to know the circular under which employees put up tables and chairs in a verandah outside the office and disbursed blank forms from the public half an hour before office opening time. (This was one part of the initiative to provide better service). Innocent query, was it not?

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I don't see what the action of the PA has to do anything with filing of the RTI application by the applicant.

 

The applicant asked for "information".

 

The PIO was supposed to provide information. Instead, the PA took some action of withdrawing some services that it was earlier providing.

 

If the PA was convinced that those services are for the benefit of the people why did it withdraw them ? What does it have to do with some RTI application ?

 

This is just an excuse being used by the PA to "teach" us citizens a lesson - that if you use RTI, you yourself will suffer.

 

The reason why "withdrawal" possibility is not included in the RTI Act because it will lead to blatant misuse - imagine everyone filing RTI application and then the PA "lubricating" him to withdraw it so that dirty linen does not come out OR someone threatening the applicant to withdraw.

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sripartha

actually what is the format to withdraw RTI application, as my friend is government employee, for three years in his office promotion was not given according to seniority , so he filed RTI seeking seniority list a and reason for promotion given to seven officers, as they were juniors to him in seniority order. but the officer incharge, has promised my friend to give promotion in his office, if he withdraws the RTI application filed by him with in thirty days. my friend is ready to withdraw but there is no provision, or format prescribed to withdraw RTi application, i would like to know what is the format and what are the reasons to be mentioned while withdrawing RTI applications. kindly guide me.

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ambrish.p

Dear Sripartha

 

a. RTI procedure is :Time limits specified in the RTI Act - RTI Guide

1. RTI Application with Fee to PIO

2. If no reply/ not satisfied with reply in 30 (or 35 days in case of submission to APIO or under Section 6(3)),

First Appeal to the First Appellate Authority (normally a officer higher than the PIO)

3. If no reply/ not satisfied with reply in 45 days to the First Appeal, then Second Appeal to the CIC/SIC (time period is 90 days)

 

b. Please go through the link available in post # 4

 

c. If applicant doesnt continues with the remedies provided in RTI (FA/SA), it can be termed as withdrawl as applicant is not interested and not willing to proceed further.

 

d. Or applicant may file FA and while FA hearing take the provided info (applicant can accept blank pages as info) and give them in writing that s/he is satisfied with the provided info and doesnt want to proceed further and can request to close the case.

 

e. In the above situation also applicant can file complaint with SIC/CIC later if s/he wishes so.

 

regards

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karira

There is no such thing as withdrawal of application under RTI Act.

All you can do is either not do anything or write a simple letter to the PIO that the information sought in application nr....dated....is not required by you anymore.

 

You can file as many number of RTI applications as you want, as many number of times you want and when ever you want.

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Ketan Modi

Dear All,

 

There is another way to withdraw an application. Just write to the PIO concerned that the application be treated as disposed of. In one of my case, the PIO in one of the ward office of Mumbai Municipal Corporation, was acting funny faced the application. Then PIO cited some circular claiming that inspection of records cannot be allowed. This made me prefer Second Appeal. By then, the PIO was scarred and was willing to give me services as desired. Then she wanted me to withdraw the application/first appeal. I told her that there was no provision to withdraw the application or appeal. However, I offered her to give a letter stating that I have been furnished with the service as desired and my application/first appeal be treated as disposed of. I received a letter from the FAA to this effect. Thus without withdrawing my application and/or appeal, I facilitated its disposal. Happy information seeking.

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ambrish.p

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