RTI Queries

[amraykar]

Please refer attached word file for my queries

[karira]

amraykar,

I am taking the liberty of making a synopsis of each point mentioned in your attachment and reproducing here, along with the replies, so as to make it easy for readers. In case I have made a mistake in understanding your points and making a synopsis, please point them out.

1. PIO replies to the application only in part.

Under Section 18(1)(e) this is "incomplete" information.
Therefore Ground for First Appeal

2. PIO does not give proper reply.

Under Section 18(1)(e) this is "incomplete" and "misleading" information.
Depending on the nature of the reply, you can also term it as "false"
information under Section 18(1)(e) or even "deemed" denial of
information.
Therefore, Ground for First Appeal

3. PIO passes the buck to AA to give reply.

AA's role is restricted to hearing and deciding your appeal against
the decision of the PIO. He is not supposed to give any information. He
can only "instruct" the PIO to give the information.
Only the PIO can give information and that also must be under his own
signature or the signature of the "deemed" PIO.

4. AA gives a wrong/incorrect decision during the appeal.

Always better to be present during the appeal so that you can point out
on the spot.
If the AA gives a wrong decision/incorrect decision and you are not
satisfied, go for Second Appeal to CIC/SIC.

5. What is the "meaning" of 30 days ?

My interpretation is that 30 days are from the day the PIO received
application till the day PIO replied (both inclusive). The time taken to
"transmit" the reply to you should not be included because, that, in all
fairness to the PIO, is not under his control.

Please also read the thread:
30 days starts from which date?

6. If PIO reply received after the First Appeal was filed.

If you are satisfied with the reply, write to the First AA and mention that
you want to withdraw the appeal.
If you want the PIO to be "penalised" for the delay in reply, if any,
continue with the appeal procedure and during First Appeal, mention that
only ground for appeal now is the delay in providing information.
This is necessary to carry it to the Second Appeal stage so that
CIC/SIC can levy the penalty of Rs 250/- per day on the PIO.
If you are not satisfied with the reply of the PIO, continue with the First
Appeal procedure as normal.

7. Can I reproduce any of the abstract from government website & reproduce as an official authenticated proof.

You can reproduce and use in your argument but some smart PIO/AA will
say that it is not "aunthenticated proof".
Take the printout with you and in most cases of printing out the web page, the
source website appears at the top or on a frame.
If the PIO/AA says it is not "authenticated proof" ask him to visit the website
himself.
(Used by me very often, as well as printouts of CIC/SIC decisions and no
PIO or AA has ever refused to believe the print out).
Depends a lot on how "persuasive" you are in your behaviour/arguments and what
"impression" the PIO/AA/PA has of you.)

8. How many copies for Second Appeal to CIC ?

Second Appeals (or Complaints) to CIC, have to submitted in TWO SETS
in "PAPER BOOK" form. (I don't know what this means but presumably
it means in bound form).
This is besides the copies that you must serve to the PIO and the AA
separately before filing your Second Appeal.
This is as per Chapter IV, Item 7 of the CIC (Management) Regulations
2007.
For details please refer to the following threads:
The Central Information Commission (Management) Regulations, 2007

"The Central Information Commission (Management) Regulations, 2007"

Application for Second Appeal

http://www.rtiindia.org/forum/196-ho...re-format.html

central information commission

Each SIC has separate Rules. For Second Appeals before SIC's, please follow the rules of the respective SIC in order to avoid disappointment.
For example, please visit _:: Welcome to SCIC ::_
You will see that most of the decisions of this SIC are to "return" and "reject" appeals because of procedural/rule issues.

(NOTE: Be careful with some of the posts in the above mentioned threads, since they were written before the new CIC Rules of 2007 were announced)