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Help needed to file first appeal

This is a discussion on Help needed to file first appeal within the Ask for RTI Query forums, part of the RTI Community category; Dear Sir, I have applied to CPIO to my department under the rti act 2005 1) Whether I am a (a) temporary employee (b) Permanent employee after rendering 23 years ...


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  #1  
Old 07-11-2009, 01:04 PM
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Name: Anil Kumar Aggarwal
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Unanswered: Help needed to file first appeal


Dear Sir,
I have applied to CPIO to my department under the rti act 2005
1) Whether I am a (a) temporary employee (b) Permanent employee after rendering 23 years of service.
(2) If not permanent employee give reasons for the same.
CPIO responded to my information as under
(1) Temporary employee
(2) For point no. 2, CPIO stated that information sought does not cover u/s 2(f) of RTI Act, 2005.
Sir,I am very thankful to your web site from which I came to know that the information covers u/s 4(1)(d) of RTI Act, 2005 & now I can file appeal to FAA .I have also downloaded the from your web site.
Now my quarry is what should be filled up in column no. 9 to 12 of first appeal form
(9) Any other information in support of appeal (10) Prayer/relief sought for
(11) Grounds for prayer/relief sought for (12) Personal Presence at hearing
Kindly try to send the reply at the earliest.
With kind Regards.
(A.K.AGGARWAL)
(Posting of mail ids is against forum rules-hence deleted)

Last edited by ambrish.p; 07-11-2009 at 02:21 PM.. Reason: email link deleted
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  #2  
Old 07-11-2009, 01:38 PM
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Name: ANTONY DEVARAJ
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Re: Help needed to file first appeal


Welcome to this forum, Mr aggarval,
Up to my knowledge, you have received a right reply.
Because you cant ask reasons like why... through An RTI application.
Yet It s a powerful tool, which can help you to make your job permenant.
For that you have to design the RTI questions to get the right information and right action.
Mr aggarval, instead of going for first appeal .
narrate your problem here. The scholars here will surely help you to design, a valuable RTI application.
my prayers and wishes.
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  #3  
Old 07-12-2009, 02:16 AM
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Name: Yousaidits Optional
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Re: Help needed to file first appeal


Dear Anil Kumar Aggarwal,

While many members of this forum are of the belief that section 4(1)(d) imposes a requirement on the PIO /PA to respond to questions asking for 'reasons' in RTI applications, I am unsure if too many Information Commissioners take a similar view. In fact, there is a decision of the Goa bench of Bombay High Court (gleefully distributed everywhere by the DoPT) that takes the view that 'reasons' and 'explanations' are not Information , as defined by the RTI Act. See this thread: Justifications not part of info under RTI: HC for some details.

It might still be worthwhile to pursue appeals in your current application all the way to the CIC, but you should weigh your chances before choosing the wait and the effort.

Instead, why don't you craft other RTI applications asking for service rules and regulations, especially those related to hiring and promotions. If you have co-workers who also started out as temporary employees, but were absorbed as permanent despite fewer years of service, ask for the rules in this regard, along with the dates of their employment, conversion to permanent, etc. Develop adequate evidence using RTI and then consider approaching labor/CAT or other appropriate tribunal with your grievance.

regards,
SomeGuy
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