using of letter head

[sunil sri 4]

dear all,

 

recently i asked information on the letter head of a simity but the same was denied on the following grounds:

 

not a natural citizen ;

 

letter head cannot be used.

 

However, i came to know that cic in its judgement has permitted the companies to seek information by using letter head.

 

let me know, whether i can appeal by using the recent judgement.

 

also please provide me the judgement.

[nile0611 29]

The reply to your query is in the featured thread "Can a Secretary ask for information"

[karira 5,897]

Sunil,

Please see the following thread:

http://www.rtiindia.org/forum/ask-rti-query/328-can-secretary-ask-any-information.html

Also read the following decision of the CIC:

http://cic.gov.in/CIC-Orders/Decision_17052007_04.pdf

 

Yes, you can go for 1st appeal and quote the above order of CIC.

[mpai 115]

dear all,

 

recently i asked information on the letter head of a simity but the same was denied on the following grounds:

 

not a natural citizen ;

 

letter head cannot be used.

 

.

 

May I ask you the name of the PA and the PIO if possible. I would rate this PIO as a difficult person. When there are no prescribed formats for application etc. he has no business in tell you to that letter heads cannot be used. As long as the letter head contains your contact details, phone number etc. and you sign the application in your own name, it legit.

 

Further Section 6(2) clearsly states that "An applicant makin request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him."

If possible, let me have the address of this PA, I will file multiple RTI Applications seeking information like copy of rules which state Letter heads cannot be used etc.

[sunil sri 4]

Thanks Karira,

 

Your hardwork in this regard is excellent. However, I am now more specifically writing my question as "Whether an Secretary of Employees Sahkari Simity, can seek information under RTI Act by asking information on letter head of said Simity"

[karira 5,897]

Yes Sunil Sri, the Secretary can.

[mpai 115]

Thanks Karira,

 

Your hardwork in this regard is excellent. However, I am now more specifically writing my question as "Whether an Secretary of Employees Sahkari Simity, can seek information under RTI Act by asking information on letter head of said Simity"

Karira has already replied to your query. However, I would still like to know the name of the Public Authority that dared to say that Letter Heads are not allowed under RTI Act.

 

Kindly give me the name of the PA along with the PIO details etc. Would like to file an RTI Application with them on my own letter head right away.

 

Manoj

[Shrawan 823]

The CIC in two of the recent decision has denied the information as the complainant has sought the information on behalf of the organization, of which he is a secretary, stating that the information seeker is not covered Under Section 3 of the Act.

 

Check up them here: http://www.rtiindia.org/forum/2924-post20.html

[ganpat1956 673]

From the minutes of the meeting held at CIC on 01 Aug,2006, the following approach to such cases can be found: "On whether a company or a corporation or a partnership firm or an association has a right to access information under the RTI Act, it was decided that cases would be dealt within the framework of legal ramifications arising from judicial pronouncements."

 

In a few of the cases decided during last month also, the CIC has taken a liberal view of the term "citizen" while applying it to the office-bearer of an association/society/union

 

1. http://cic.gov.in/CIC-Orders/Decision_16052007_02.pdf

2. http://cic.gov.in/CIC-Orders/Decision_17052007_04.pdf

 

However, in a few appeals decided by the CIC Prof. Ansari the liberal interpretation of the term citizen has not been applied. With such conflicting decisions over the interpretation of the term "citizen" , it will be prudent for the applicants to apply in their individual names till the matter gets settled.

[karira 5,897]

One good solution would be to apply on a letter head, but the signature should be of a person without mentioning his designation or post. This way the applicant can always claim that he has applied a s a "citizen" and that the letter head is being used only for the purpose of giving a address and number for reply.

There is a decision of the CIC which allowed such a appeal.

I will search for it and post it here.

 

As Ganpat pointed out, better to be prudent in such matters.

[maneesh 173]

In RTI there is no format and as mpai has rightly said there is no bar in asking information on a letter head.

 

On lighter side,

If we all start filling RTI application to teach a lesson to "DIFFICULT" PIO then all babus will be replying on RTI application and very well justify their existence. And for those application status we might get a reply, that all babus are busy replying RTI, You request will be considered on top priority when the job of RTI application is over

[p.esakkimuthu 1]

When using letter heads, you must state your name over which you have to sign.In one case when I sought the information saying my name and designation of office bearer of trade union, the PIO declined to furnish information. I appealed to the Appellate Authority stating that the designation and name of the union are part of my address and they indicate only address portion, the Appeal was allowed by the Appellate Authority

[mpai 115]

I appealed to the Appellate Authority stating that the designation and name of the union are part of my address and they indicate only address portion, the Appeal was allowed by the Appellate Authority

 

You are lucky to have managed to elaborate to the AA. Over a half a dozen cases in June, have ruled against Office Bearers of Association and appeal was rejected as they did not satisfy Section 3 of the RTI Act.

 

Take care next time

 

Manoj

[karira 5,897]

Here is another decision which makes this whole issue even more confusing.

 

Please see:

 

http://cic.gov.in/CIC-Orders/Decision_12032007_16.pdf

 

In the comments, it is stated that earlier similar information sought by M/S Arjun Industries Ltd. was rejected on the ground that a company was not a citizen and that fee had not been paid in the prescribed mode by a decision dated 21.9.2006. Appeal

against the decision was also rejected by the AA by an order dated

20.10.2006. Therefore, both the CPIO and AA have disposed of the case in time.

 

DECISION

 

2. Without going into the correctness of the decisions of AA/CPIO in

regard to the application filed by M/S Arjun Industries Ltd., since the

present application has been filed by the appellant as an individual, even though in the capacity as the MD of M/S Arjun Industries Ltd., the same decision cannot be applied in respect of the present application. Therefore, if the information sought by her is not exempt in any of the provisions of RTI Act, the CPIO will furnish the information within 15 days.

 

Viewers are also requested to read the following thread:

 

http://www.rtiindia.org/forum/ask-rti-query/328-can-secretary-ask-any-information.html

[ganpat 1]

sunil please send me also the cic order which allowed the company to use the letter head for seeking information (Posting of mail ids is against RTI India - Forum Rules - hence deleted)

[ambrish.p 1,372]

Dear Member

 

Please refer post # 14 (no of post is mentioned on top right of every post) & also read: http://www.rtiindia.org/forum/328-can-secretary-ask-any-information.html

 

Also go through the attachments

 

regards

Decision_03032008_25 office bearer can ask info.pdf

Decision_17052007_04 group company allowed to ask information.pdf

Decision_31012008_15 director can ask info.pdf