Action through RTI application

[neeraj Chauhan]

HI there,
Recently i submitted two applications in my office (Govt. of India enterprise) for some kind of allowance admissible to me under rules. Unofficialy i have come to know that my request has been rejected on some real superfluous and illegitimate grounds But when i asked Secretary about my case he said you represent one more time we will see to it . But at the same time management refuses to give me anything in writing on record about the outcome of application. My Question is can i give an RTI application requesting department to expedite the case and give me the deadline by which case would be decided whatever outcome and in case something is being already decided by them then copy of the recorded reasons on Noting sheets and other references.
Thanks

[ganpat1956]

Wherever transparency is not adhered to in the matter of service conditions, such situations arise. You can definitely give an RTI application asking for details of allowances admissible to your post under the existing regulations and also on the fate of your earlier representations. But, since you have already been advised by your secretary to make one more representation, I suggest you first do the same by way of a follow-up on your earlier applications. If it does not work out, then you can always take recourse to the RTI route.

[colnrkurup]

This is called "management by delay". Currently the issue of use of RTI by government servants is one of the hot topics inside CIC. If you submit a fresh application that will allow the CIC to gain some time in your case as your case has alredy been heard and it is incumbant on them to issue an order which I believe, they may be wanting to delay till the main issue is sorted out. If I am in your position I will not make a fresh case as it is not likely to be taken up for hearing in the near future.

[Abhinav Bohare]

I Agree with Ganpat , better to opt for the official procedures in hand and even thn if things go out of hand ...through RTI u can take a strong stand

[neeraj Chauhan]

HI Everybody,
Thanx Ganpat , Col.. and Abhinav for sparing your time to answer my query . I agree with u guys that first i must exhaust all possible official channels or in other words i must go by whims and fancies of Seniors concerned who come in hierarchy of admiinstration. Well i just drafted one RTI application now wat i gonna do just represent one more time to Secretary as suggested by Ganpati.
Thanx a lot

[kushal]

Yes, you can ask about the action taken on yor RTI application by filing another application. However, as stipulated after 30 days of the un-satisfactory reply you can go to 1st Appeal or on non-reply lodge an complaint, have you thought about this?

[neeraj Chauhan]

HI Kaushal
Well i know about appeals but thing is does a govt. officer or office is under some kind of mandatory obligation ( I mean legally ) to respond to any request of an employee of organisation. Or they can act the way it suits them . Because under RTI act they are bound to respond and in case they dont , officer is liable for penalty . I guess Govt. incumbents have a right to ensure to get all kind of perks and benefits but when it comes to delivery of duty and handling responsibility there are no takers.
NICK

[Abhinav Bohare]

Yes ...Reply is must ...Even wen any application, RTI or Non-RTI, Internal or external, given by any employee or Non-employee, the Organization is suppose to reply...And In case the application (Non-RTI) is filed...The concerned organization maintains a FILE NOTE before filing the application...Though in some cases there is defined time period for maintaining such filed noting etc

[mpai]

Originally Posted by neeraj Chauhan

Recently i submitted two applications in my office (Govt. of India enterprise) for some kind of allowance admissible to me under rules.

1. Nick, please check out if your Office has observed Section 4 of the RTI Act. If not check out if the head of your department / ministry has come out with Section 4 on their respective website. From the manual, as highlighted in the Section 4 disclosure by your department, try to find out within how much time, should any representations/grievances like that of your, be disposed off. In most cases they have to be settled within 3 to 5 days.

Get these dates first.

2. Next find out what are the penal clauses of dealing assistants who handle such cases and what action can be taken against them for dereliction of duty.

Cross check this with rules in other departments.

3. Prepare an third and final representations and make sure to quote the secretary's comments in this third representation. Go with the representation to the Secretary himself and also politely bring the information you have gathered from the exercises in (1) & (2) above. The secretary may not be knowing about this and you should be doing a favour in apprising him of the facts. Also explain that you are doing this, to ensure that the secretary himself can avoid getting into trouble for the lazy attitude of his subordinates.

4. Please post subsequent your experiences here.

Manoj

[Abhinav Bohare]

Thats why I always say ...Like Law is above Truth...similarly...Mr Manoj is above most of us ..when it comes to such advises...

Its a pleasure that Books like Mr Manoj are here in rtiindia.org

[mpai]

My knowledge to this law is limited. I cannot possibly match the knowledge and skill of Kaushal or Maheesh, nor do I have the experience of Col Kurup.

Thanks

[Abhinav Bohare]

I was just assuming that if your limitation is so knowledgeable , thn what would your extension be like...

As far as Kushal Sir and Maheesh are concerned....They are the pillars...

And Off course Col Kurup....His experience has enough expertize too...

And Not to forget Ganpat, Karira , Basu and Narayan Verma

Hope I am able to learn something from all of you...

OOPS ! I have toh started giving thanks giving speech alike Filmfare Life time achievement awardee

Abhinav
...The Right Learner

[mpai]

Originally Posted by Abhinav Bohare

I
Abhinav
...The Right Learner

After all, you are like your signature states "The Right Learner"

Manoj

[linardni]

Originally Posted by Abhinav Bohare

Yes ...Reply is must ...Even wen any application, RTI or Non-RTI, Internal or external, given by any employee or Non-employee, the Organization is suppose to reply...And In case the application (Non-RTI) is filed...The concerned organization maintains a FILE NOTE before filing the application...Though in some cases there is defined time period for maintaining such filed noting etc

Abhinav, though out of context, I would like to request a piece of information from you (not through implementation of RTI Act of course ).
Now jokes apart. Upon sending a non-RTI application to WBPDCL (...: West Bengal Power Development Corporation :...) requesting clarification about their recruitment policy, I feared to be erroneous, I never received any response. Now as you mentioned reply to be must, is it out of organizational etiquette or any specific labour law is prevalent in this case?

[Abhinav Bohare]

It is ethical , organizational etiquette and even under specific rules governing various departments, depending on their charter and public dealings.

I hope when ever you submit any application or memo to any dept you do it by Regd AD, or Proper Receipts etc.

And such applications or memo , need to have specific notings, by the office , where you have submitted to addresses the same.

In case of WBPDCL its not different...

If you have asked them for clarification , and if they are not giving you any information in return, you can always tell them of opting for RTI or other legal procedures .

Because its RTI Act and non other that gives you the right to see information.

In non RTI Application format , it is not mandatory to disclose information , but it is more volunteerly, though Transperancy was always a must law for all departments as per our constitution.

It is this reason RTI ACT came in to being

[abhijeet]

Its a pleasure that Books like Mr Manoj are here in rtiindia.org. So I am still expecting some good suggestions from his end, but when it will come ? I sent it to the " framing of query " section. Please go through it and let me have proper suggestions- Abhijeet

[nile0611]

Why don't you make a fresh RTI application to your head office. Your head office will ask the information from your office. And they will reply accordingly to you, after getting information from your office.