How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.

**Kaushal** · 06-28-2007, 09:44 AM

I received reply of my application under this act from Brach Manager (capio) LIC that the required documents have been sent to higher public authority and they are unable to provide the required information. He did not transfer my application to that higher p.a. as per provision of section 6(3) of this act within time limit and also he give me incomplete, false and misleading information about other points asked in my application.

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**karira** · 06-28-2007, 01:57 PM

Sponsorer

Kaushal,

There is no such thing as a "higher Public Authority" under the RTI Act (probably PIO was referring to "higher authority").
There is only a Public Authority (PA).
Irrespective of who in the PA is in possession of the documents (in this case information), the PIO is supposed to collect that information and provide to you. That is the reason why there are PIO's, in the first place.

Has the PIO replied in writing ?

If No, then please either go for First Appeal or directly complain to the CIC (since LIC falls under CIC jurisdiction) under Section 18 for denial of information.

If the PIO has replied in writing, then go for first appeal on the grounds that:

1. There is denial of information (because he says that some documents are with higher public authority)
2. The information provided is incomplete , false and misleading
3. Delay in transferring the application as specified in Sec. 6, 3
(Only if he needed to transfer to some other PA in the first place.
Maybe he was wrong and there was no need to transfer to other PA
because the information pertained to LIC itself).

**Kaushal** · 06-28-2007, 09:13 PM

Hello Karira
Thanks for your posting.
In my post I was mean that the branch manager LIC has replied me in writing that they have sent the desired document to division and zonal office therfore unable to provide the document.he did not transfer my application there. this is violation of section 6 (3) of this act.Is this treted as deemed to denied? Can I regiter compliant to cic on this ground along with ground of providing incomplete and false informaton.
I also want to know the procedure and format in which complaint to be made.If any fee to be sent along with complaint letter.

**karira** · 06-29-2007, 08:14 PM

Kaushal,

If the information you asked for is with the division and zonal office, the first PIO must either transfer your application to the PIO in that office or make the effort himself to get the information.

I think it is better you go in for first appeal.

The ground can be "denial" of information as well as PIO not transferring the application under Section 6(3).

The appeal has to be made to the Higher Officer than the PIO. LIC must have designated a AA in the same office as the PIO. Please ask the PIO. The first appeal has to be made within 30 days of you getting the reply to the original application. No payment is neccessary.

Please also see the following threads:

http://www.rtiindia.org/forum/ask-rt...authority.html

http://www.rtiindia.org/forum/ask-rt...formation.html

http://www.rtiindia.org/forum/ask-rt...formation.html

**mpai** · 07-02-2007, 08:42 PM

Originally Posted by Kaushal

he did not transfer my application there. this is violation of section 6 (3) of this act.Is this treted as deemed to denied? Can I regiter compliant to cic on this ground along with ground of providing incomplete and false informaton.

There is no question of transfer of application under Section 6(3) as the information is available within the same Public Authority. The PIO is supposed to get the information from the other offices under Section 5(4) and provide it to within the prescribed time limit.

If no information has been provided, it is to be considered as "deemed denial". If you are aware of the address and designation of the AA you may go in for the first appeal. Else, you can directly complain under Section 18 of the Act and send it to the CIC, New Delhi.

Manoj