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Query for first appeal


gregjenings

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gregjenings

I have filed an RTI to MCD related to some queries regarding property Tax discrepancies.

When I didn't received any reply from the MCD even after 30-40 days I filed First appeal saying no reply has been received till date.

After that PIO send me a back dated reply which was unsatisfactory.

So far I didn't received any reply from the first appellate body nor any letter regarding me to appear for any personal hearing.

so now my questions are:

Should I again file a first appeal to the first appellate body saying that PIO's reply is not satisfactory giving my reasons for the same.

Or I should directly file my second appeal to the CIC.

 

My second question is PIO in his reply

"that RTI Act does not cast upon PIO any obligation to deduce the information from records and provide the information so deduced to the applicant sought under RTI.

 

The PIO is only required to furnish such material information as is available in the records held by a public authority,In the instant case voluminous information has been sought by the applicant which in not available in the format as has been sought by the applicant which is not availbale in the format as has desired by the applicant and compilation of which can not be carried out without disproportionately diverting resources which shall not be in public interest."

 

Can this reply be considered a valid reply.

I have asked for few rules under which asseor and controller had given rebate to chosen few people.

I have also asked details of outstand of 10 persons before and afetr the discount had been offered to them .

It is not a vouminous information and PIO is deleberately hiding the information.

 

What should I do now ?Please suggest as this scam might have cause loss of revenue to the govt and woth lacs or crores.

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dr.s.malhotra

File an Addendum in your pending FA . An Addendum is an Application detailing knowledge of new issues which came to your knowledge post filing [ FA here] . Attach copy of Order of PIO and make fresh GROUNDS [ like instead of previous non-reply , justify how the reply is not as per provisions of RTI Act ( satisfaction is only subjective )] .

 

Compiling / Collation versus Search . For a good reading type these words in SEARCH and get some good threads here on the portal .

PIO is not required to SEARCH for records [ which can not be identified with help of your RTI Application ] .

Compilation and collation are terms where the PIO will be required to supply the identified and permitted Information [ under the Act ]

 

Voluminous Information is no ground to deny the Information provided it is well identified .

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gregjenings
File an Addendum in your pending FA . An Addendum is an Application detailing knowledge of new issues which came to your knowledge post filing [ FA here] . Attach copy of Order of PIO and make fresh GROUNDS [ like instead of previous non-reply , justify how the reply is not as per provisions of RTI Act ( satisfaction is only subjective )] .

 

Compiling / Collation versus Search . For a good reading type these words in SEARCH and get some good threads here on the portal .

PIO is not required to SEARCH for records [ which can not be identified with help of your RTI Application ] .

Compilation and collation are terms where the PIO will be required to supply the identified and permitted Information [ under the Act ]

 

Voluminous Information is no ground to deny the Information provided it is well identified .

 

Thank you Dr. S Malhotra your reply cleared lot of my doubts

Is there any format to file an Addendum or is it a simple application (apologize for my ignorance in this matter)

Compiling / Collation is good thought but I bit confused here as I have never asked PIO to search any information.

 

Also one of my RTI has been directed to CM office who forwarded it to PIO MCD so do I also send a Addendum to CM office too.

 

Thanks once again

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jps50

There is no format for addendum. It should be a letter addressed to FAA detailing history of RTI application, first appeal for no reply and how information supplied after first appeal for no reply is unsatisfactory query-wise. In fact it should be called second first appeal based on quality and quantity of information supplied. As for collection of data etc please refer:

 

Diversion of resources:

http://www.rtiindia.org/forum/blogs/jps50/1102-disproportionate-diversion-resources.html

 

Collection of Info

http://www.rtiindia.org/forum/blogs/jps50/1070-collection-information.html

 

Since RTI is transferred to MCD, no need to approach CMO any more. You should now deal with MCD and then to SIC.

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