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PIO, the officer denies signature and write to applicant on filing First appeal


parsar

Question

Dear members

 

(1). The applicant submits a compliant/letter to the manager of the office by RPAD.

 

(2). The postal acknowledgement received for having delivered the letter.

 

(3). No action was taken on complaint/letter.

 

(4). The RTI application filed seeking the action taken report on the complaint submitted by xxx.

 

(5). The PIO replies that the letter of XXX was not at all received.

 

(6). First appeal filed with postal acknowledgment aganist PIO for denying the information.

 

(7). FAA did not pass any order, instead the PIO write to the applicant that, from the appeal filed and the postal acknowledgment enclosed therein clearly shows it is not the signature of me(PIO). As the manager himself is PIO.

 

(8). Further the PIO writes stating that "on enquiry in the office(of the manager) no letter received from xxx by RPAD".

 

So request help from members withregard to the following:

 

The postal acknowledgement bears the seal of the office and some signature on it.

 

It is clear the letter was delivered to the office of the manager. Now the PIO who himself the manager is denying of having the received the letter.

 

Whether the PIO can write as said at points (7) and(8) above after filing the appeal and when the time to decide by FAA is over and no order passed by PIO.

 

whether PIO can act like FAA? FAA colluded with PIO?

 

What the option left to the application please post your valuable views.

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dr.s.malhotra

If you have the returned duly signed / stamped acknowledgment Receipt , it would undoubtedly infer that Public Information Officer is lying . But the big question is how would you convince the deaf and dumb couple ? It needs intervention of law enforcing agency - the court Commission has a oft repeated reply - if information is not on record what can we do ?

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It needs intervention of law enforcing agency - the court Commission has a oft repeated reply - if information is not on record what can we do ?

 

That is the big problem. How to convince SIC or court for that matter. As FAA and PIo are hand in glove.

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dr.s.malhotra

you will not have to do anything more to convince the court . The onus is on the PA . Commission too can proceed on same presumption , but even if Commission sides with you , it can not order creation of your "mis-appropriated Complaint" !! .

This is a limitation of RTI Act .

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Other question is whether PIO can write to applicant after the expiry of First appeal period that he come to know from the firstappeal that so have sent a letter which is not at all received by me (manager cum PIO).

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You can not stop PIO from doing anything . But if that matters , is another thing !

 

What is the remedy from such PIO's.

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Prashantvikey
What is the remedy from such Public Information Officer's.

 

Dear parsar,

 

The only solution i see here is that you have to file a fresh RTI Application and deliver the same by hand delivery and that too personally.

 

Also try to video record the process of hand delivery without the knowledge of PIO, so that if the PIO plays a prank in future, he would be in for a shock. If he refuses to accept the RTI Application. You can always complain to the Information Commission, you can also file a complaint with those videographic evidence to the head of that public authority seeking Departmental action against the PIO for dereliction of duty and misconduct.

 

P.S: I have tried the video thing by keeping my mobile in its pouch/ cover, that has a slit for the camera. I had activated the camera mode before entering the office. When the camera of mobile inside the pouch is active, the PIO will never know that his misdeeds are recorded.

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Thank you prashathvikey

 

(1). It is a very good idea. Problem with this PIO is , the appplication to be submitted to office, such letter he denies having received by him. The PIO escaping that he has not received, It is the poor clerk is suffering for having received.

 

(2). In fact submitting in person was not successful, hence it was sent by regd.post Ack.due(RPAD).

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dr.s.malhotra

Well , I think you are making the issue really complex where as it is not . The only point is whether PIO is justified in saying that the PA did not receive the Complaint ! You have proof of delivery in your hand . You only have to decide what you want to do with that falsity of the PIO . If you insist for action under RTI Act , request the Commission to invoke s.18(3) for conducting an Inquiry about the missing Complaint . The Commission may be able to bring out the facts .

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Well , I think you are making the issue really complex where as it is not . The only point is whether PIO is justified in saying that the PA did not receive the Complaint ! You have proof of delivery in your hand .

 

malhotra ji, It is not me making the issue complex, an experinced post of the applicant is posted (click the link):

http://www.rtiindia.org/forum/67657-rti-help-what-if-state-information-commission-tells-public-information-officer-court-give-information-within-week-fails-observe-same-written-order.html

 

The issue is that the matter goes before the same SIC on complaint or appeal, where the experience was that SIC instructs something and issue an order something else. In fact in respect of the link posted earlier above, SIC was contacted for the missings in that order, the SIC said you have agreed in the court,no modification of the that order can be possible. That is how the applicants are decived.

 

That is the real concern, that's all the thread posted here, how to go about under such circumstances is really needed, So its a call for the experience and the success of the members in such situation be posted for the benefit of me and others who would experience the same in the future.

 

regards

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dr.s.malhotra

dear parsar ,

I reiterate my post #10 above .

The present issue will be solved if the appellate authority / court are able to make an observation on the missing complaint , which has not been done yet . If Commission invokes s.18(3) , it can ask PIO to submit Affidavit , order FIR etc. etc. ( as in case of missing files ) . Let us presume , the Commission closes the Complaint with remarks that record is not available . What remedy is there ? High Court !! I do not believe that High Court will not agree with your contention that Complaint was received by the public authority . But where do you reach under RTI Act -- records are missing !! Powers of High Courts are almost unlimited and with a right ENVIRONMENT you can expect anything and everything from High Court .

 

The other issue of discrepancy between Verbal and written Orders is something extra-ordinary where morals of adjudicating authority (judging officer and his staff) are involved . If you appear before a court and the judge openly shows bias to discourage you , what can you do ? Just wish that they board an aircraft controlled by one of those fake pilots !!

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Dera mlhotra ji

 

I am concered the delayed information, denies RTI itself.

 

Justice has its time, seeking justice delays information.

 

How to quicken and make accountable. Do SIC/CIC including FAA be imposed with Proportionate penalty in the act ?

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dr.s.malhotra

Wait for an effective Judge's Accountability Bill to arrive . Things will start changing everywhere then .

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