Life & Liberty clause 7(1) State Information Commission returned application of Second appeal

[R Madhok]

Punjab Technical University don't reply to applications filed under RTI
I submitted application to PIO of Punjab Technical university under RTI Clause 7(1) of RTI specifying 48 hours condition under Life & liberty. As Punjab Technical University had failed my daughter in Mathematics though she had secured 57% marks in the subject for the exam conducted by PTU but due to the highhandedness of the College, the college had not sent internal assessment of 40% marks. On that issue I had submitted the application and requested to PIO that this concerns the life and liberty of my daughter.
The application had been filed on May 17,2009, then First appeal made on 21st May 2009 and then Second appeal made on 29th May to the State Information Commission, Chandigarh with all annexures.
On 17th June 2009, The deputy Registrar, State Information Commission Punjab returned my application with the following note.
Returned to Sh Rajneesh Madhok. As per Act the information is to be given by Public Information Officer within one month, Threafter first appeal with Section 19 of the RTI Act is to be filed & after expirty of 45 days second appeal lies to this commission Separately.
The on June 23, 2009 I again submitted the application with all annexures with the other application that the Application had been made under Sec 7(1) of RTI with the request that this application is connected with a life and liberty of my daughter as it depends upon the career of the student and timely action should be provided as in studies the semester consists of 6 months, the delay will cause the valuable time and her liberty is being affected with denial of information in time.

Now 48 days have been passed but the PIO of PTU has not replied to the application filed under Life and liberty.
I also mentioned in my appeal sent recently after getting refusal to accept my application that Consider second factor also. if PIO refuse to give inforamation under Life and Liberty then he should specify the reasons for rejecting the application filed under Life and Liberty Section. Then also he is duty bound and may take total 30 days period at the maximum.

Friends it is my personal experience that Punjab Technical university does not entertain applications filed under RTI Act 2005 and has never replied to the applications filed. Is it high handedness of PTU or they have made the mockery of RTI Act.

Rajneesh madhok,
B-xxx/63, nehru Nagar,
St. No. 2, Railway Road,
Phagwara-144401 (Pb)

[taurus]

You have two options. One, you may file first appeal to the appellate autority. Two, you may file a complaint to the CIC under Sec 18 of the Act.

[R Madhok]

1. Whether State Information Commission works under Central Information Commission.
2. Whether The First Appeal which I had already made has of no use.
3. As I have re-sent the Application, First Appeal, Second Appeal to the Deputy Registrar whether my application will be entertained or not.
4. Last year I and my relatives had also submitted the applications to PTU but neither of the applications have been replied.
5. The only reply of one application made by PIO was that the staff is busy in conducting the entrance exams. So, whenever we find time we shall reply to your queries. That's all. No further reply had been made.
6. You continue to file RTI applications to PTU it will be of no use. What is the solution.
7. State information commission usually reject applications, if you go up to the second appeal.
8. The FAA will not consider your appeal. Go to PTU, make requests to any official. No body will listen to you. The applications made through Post will never be responded.

Rajneesh Madhok

[Atul Patankar]

1. Whether State Information Commission works under Central Information Commission

No, it does not. It is a seperate authority.

2. Whether The First Appeal which I had already made has of no use

. Your first application has reached second appeal stage, and the same has been rejected. I believe you filed another application on 23 June. If you do not get a reply within 30 days, you can file first appeal.

4. Last year I and my relatives had also submitted the applications to PTU but neither of the applications have been replied.

You can file an RTI application asking for total number of applications received, number of applications replied in time, appealed against etc. If you do not get any reply within 30 days, you may file first appeal, and then complaint to SIC or second appeal. It is a long struggle, but there is hardly any short cut.

5. The only reply of one application made by PIO was that the staff is busy in conducting the entrance exams. So, whenever we find time we shall reply to your queries. That's all. No further reply had been made.

You can make a complaint under section 19 of RTI Act. There is no time limit for complaints. Did you not try to involve media?

[R Madhok]

Dear Atulji,
I had made application to Deputy Registrar that you had rejected my application whereas I had submitted my applications under section 7(1) of Right to information Act, 2005 under Life and Liberty section.

Sir, the points are that I had submitted my RTI application Under Section 6(1) read with 7(1) of RTI Act as it relates to the Liberty of my daughteron May 17, 2009 vide Speed Post. Then made First Appeal dated 29th May posted on 30th May 2009. Then submitted Appeal u/s 19 to Punjab State Information commission on 30 May 2009 which had wronglly sent to Punjab State information commission, Punjab Technical university, Jalandhar, these documents again be sent to Punjab State infromation commission chandigarh on 05 june 2009. The copies of my first appeal, second appeal had been sent to PIO and FAA of PTU as well. On 17/6/09 Deputy Registrar, Punjab State Information commission returned my documents and rejected my application. On June 23, 2009 I again sent the documents with subject Application under sec 7(1) of RTI Act 2005 and pointed out to kindly consider SEction 7(1) subject to the proviso to sub section (2) of Section 5
Now the points are:
1. Is it advisable to file First appeal once again though I had earlier filed First appeal on 29/30 May 2009.
2. Whether one can file First appeal again, if we consider that the PIO has not accepted the application under 7(1). Even then the time period of more than permissible limit has been passed.
3. Sir, as I have filed First appeal, second appeal, then again sent the documents to Deputy Registrar. Can I file Complaint under Section 18 now. If yes how much time should I wait. If not then what is the best solution.
4. Kindly make discussion on the subject what is the best solution now. As all the appeals had been made the rejection of the application had been made, then again submitted the application.
5. As per Act what is the solution to the problem faced by me. Whether I have to submit the fresh application/ First appeal/ Second appeal/ Complaint U/s 18.
6. Whether SIC is right or I am wrong in rejection/ submission of application.
7. If I shall submit complaint u/s 18 then whether the inquiry will be initiated or it will be of no use. Whether I have no right tocomplaint. Is it discretionary on the part of Information commision to intitate inquiry or not or reject my appeal once again.
8. To which authority can I appeal now. Whether it is not obligatory on the part of the commission to deliver a decision on appeal. Whereas the application, first appeal had been made in the formal order then why not my appeal be entertained u/s 19. Whether my complaint u/s 18 will be entertained or not.
9. As there is non-receipt of decision. Whether I can apply u/s 18.
10. This case is the case of deemed refusal. Is there there ground to appeal u/s 18.
11. Is there any provision to get relief from SIC.
12. Is it the criteria to nip fundamental rights of citizens to reject the application on one pretext or other.
13. U/s we have been provided freedom of speech and expression, whether we are playing in the hands of the officials under RTI act as well. We have no right to express. The officials have no liability to consider the points of Sec 7(1).
14. Whether the PIO is not duty bound to reply to the queries of applicant. If yes, then why Punjab Technical University is the exception. Why not the rules apply on PTU.

Rajneesh Madhok,
B-xxx/63, Nehru Nagar,
st. no. 2,
Railway Road,
Phagwara-144401 (Pb)

[abhi987]

Dear Rajneesh,

Can you share with us in brief the reasons specified by the SIC for rejecting your Second Appeal.

[R Madhok]

Returned to Sh Rajneesh Madhok. As per Act the information is to be given by Public Information Officer within one month, Threafter first appeal with Section 19 of the RTI Act is to be filed & after expirty of 45 days second appeal lies to this commission Separately.
The application has been returned with above mentioned note by Deputy Registrar, State Information commission, Chandigarh. The letter signed is dated 17/5/09 though the File no. mentioned is PSIC/Legal/Rio-no-2320 dt. 17/6/09
SICP Diary No. 9139 Dated 15/06/09
Rajneesh Madhok

[abhi987]

Dear Rajneesh,

This means that your Second Appeal has not been summarily rejected but it has been rejected under Life & Liberty clause and that the SIC does not approve of you having invoked 48 hour clause.

SIC wants you to take the route of PIO > AA > SIC a longer route.

NOW YOU CAN EITHER:

1) File a first appeal after the expiry of 30 days from the date of your RTI application was received by the PIO or the date of reply of PIO whichever is earlier.

2) File a Second Appeal with the SIC after 30 / 45 days of the date of first appeal or the date of reply received from FAA whichever is earlier.

OR:

If you feel you require the information urgently and you are convinced that your case merits 48 hours clause and you are not satisfied by the SIC's decision not to allow your appeal under 48 hours clause you can:

File a Writ Petition in the High Court against the SIC's decision.

[anusinha]

Dear Rajneesh,
After going through your case it seems that the PTU authorities are happy torturing the common man and his/her career. Though my advise is a bit bold but I would suggest you to contact an expert lawyer who can relate the case with the infringement of life and liberty . If the lawyer is able to invoke Article 21 of Indian constitution (which I believe to be possible) citing that the university is depriving your daughter of her liberty to carry on with her career then the doors of the high court and the supreme court is open for you. High or Supreme court can grant you special leave as the matter involves the infringement of fundamental right of life and liberty.

[sandeepbaheti]

I agree with Mr. Sinha. You may equate your case with this one: http://www.rtiindia.org/forum/7505-r...oman-free.html (RTI effect: GTB to treat woman for free)
Besides, if you are able to get a ruling from High Court that a risk to their academic career amounts to threat to liberty, it would be a boon for several other students who find themselves in similar situations.