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Questions pertaining to age of RTI applicant, action taken against PIO/App Authority etc.


parveensudarshan

Question

parveensudarshan

1. Is there any lowe age limit under which a citizen of India can't file a RTI application?

 

2. When PIO does not give any reply, and we write to First Appellate authority for providing information, can we ask for taking some action against the PIO. Is the appellate authority competent to take action or recommend action against the erring PIO? If yes, what should be the language like ....penal action, disciplinary action, departmental action or what and which section of the ACT should be quoted for that?

 

3. When we write first appeal because PIO has not replied, generally we write in a very very gentle tone to the appellate authority that we have not received the information but i have read somewhere in the ACT that it is deemed refusal of information if we dont get it within mandated time period of 30 days. Can you suggest some particular language while writing first appeal so that it is able to cut the ice? ..i feel it should include the word "deemed refusal and phrases like that.

 

4. Suppose a person make first appeal and 45 days period is gone and he makes the second appeal to CIC. And after a few days of making CIC appeal, if the applicant gets the information, even then does the appeal on account of late information the complaint sustains? And suppose the info. received as a result of first appeal is incomplete/unsatsifactory, then does the applicant is required to make a fresh 2nd appeal or in continuation to his already filed 2nd appeal for delayed response, can he send those complaints also in continuation to his earlier complaint/appeal ?

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ambrish.p

Dear Member

 

a. NO age limit prescribed. Please refer: http://www.rtiindia.org/forum/903-kid-uses-rti-trace-lost-bicycle.html & http://www.rtiindia.org/forum/34243-there-age-limit-specified-rti-act-2005-urgent-pls.html

 

b. First Appellate Authority is competent to take action against Public Information Officer. U can use language as per the case but BETTER BE POLITE.

 

c. Many formats are available here : http://www.rtiindia.org/directory/index.php u can pick from there to suit your requirements.

 

d. (point no 4) IF applicant has file no applicant can file addendum to 2nd appeal (with copy to Public Information Officer & First Appellate Authority). In case applicant doesnt have the same applicant can make addendum (addressed to CIC/State Information Commission) explaining how the provided info is incomplete/false/incorrect and send the advance copies of the same to Public Information Officer & First Appellate Authority and original copy can be submitted with State Information Commission/CIC after getting case no or at the time of hearing. Applicant can do the same in case of delayed response also.

 

regards

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Ketan Modi

Dear Parveen,

I will go a step ahead to inform you that even a one day old child can file an RTI Application if s/he is an Indian citizen.

With regards to your second query, FA is a superior officer to Public Information Officer and he is First Appellate Authority only because of his/her seniority. A superior officer always has powers to recommend administrative action if the Public Information Officer, a subordinate officer does not adhere to the task assigned to him/her. Only thing is that as the appellant you must insist on it. In case of First Appellate Authority passing an order on first appeal and yet Public Information Officer not acting as per the directives in First Appellate Authority's order, for the benefit of the entire community I am uploading an order on Second Appeal by CIC which is categorically clear that responsibility of Public Information Officer abiding by the First Appellate Authority's order rests with First Appellate Authority.

About your last query the issue is still open that the information was not furnished till you had reached the second appeal stage which amounts to malafide intentions and you can still pursue your second appeal and seek penal action on not furnishing information within mandatory time period.

Happy information seeking.

Ketan Modi

With regards to your query on the language to be used, let me be frank you can use language which is not unparliamentary. You can call them names like deliberate and malafide intention of suppressing corruption etc. In some of my cases I have been reprimanded by CIC for using language. It is not necessary to be polite or gentle as you are an affected party on whom a litigation has been enforced due to inaction on applications u/s 6(1)

WB-22082008-05 VVIMP.pdf

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