File Notings - If Pio Refuses To Give File Notings.

[wagh7]

dear sirs, and friends,

Can any body tell that when a PIO telling that the booklet/gazettee supplied to him is having a wording that file notings are exempted.

As per my knowledge (and decisions of CIC on many occassions) and knowledge gained from this Website the file notings are part and parcel of file (information) hence not exempted except under exemption sections.

rakatkam.

[karira]

You will have to show the CIC decisions and some SIC decisions to the PIO.
Alternatively, if PIO is not convinced, you will have to make a First Appeal citing the same decisions, in the hope that AA will at least understand.

[wagh7]

Karira sir,

I have sent the file of CIC decision through e-mail, will it be ok?

rakatkam

[karira]

rakatkam,

If PIO still does not believe the CIC decision, then you will have to use that citation during First Appeal.
Just wait for a few days to see what stand the PIO takes.

[Keshav Prasad]

In the RTI Act itself there is no exemption for file notings.There is a move from the government side to include file notings as an exempted information. Move is a move. It does not change or replace an Act. Only when there is something to conceal from the public that such stand is taken by the PIO.

Keshav Prasad

[wagh7]

thank you karira sir and keshav prasad ji,

rakatkam.

[wagh7]

Karira sir and Keshavprasad ji and friends,

I have sent CIC decision, PIO agreed to give file notings. But I have already sent my appeal to appeallet authority.

rakatkam.

Sirs,

who has to give Reply to my appeal whether it is PIO or appeallet authority.

rakatkam.

[maneesh]

Appellate Authority

[wagh7]

maneesh ji,

Is there any provision in the act, or any decision of CIC to strongly demand that the answer we should get from Appellate authoity?

rakatkam.

[kushal]

The 1st Appellate Authority can only decide whether the decision of PIO was correct or not, and has the power to direct PIO to supply the information. Thus the answer to your appeal would only be given by 1st Appellate Authority as Maneesh had told you earlier, however, he may not actually give answer to your application but direct the PIO to do so.

[wagh7]

Sirs,

I have come across one decision of Dopt over the role of appellet authority from this site only,

I am attaching a file related to the Role of appeallet authority, which is a decision of Dopt.

please go through, which may be help ful to many members and viewers.

[4. If an appellate authority comes to a conclusion that the appellant should be supplied information in addition to what has been supplied to him by the CPIO, he may either (i) pass an order directing the CPIO to give such information to the appellant, or (ii) he himself may give information to the appellent while diposing off the appeal. in the first case the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would however, be better if the appellate authority choose the second course of action and he himself furnish the information along with the order passed by him in the matter].


rakatkam.

[kushal]

Thanks for sharing this information. I would just highlight the point in the DoPT circular:

He himself may give information to the appellant while disposing of the appeal. In the first case the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would, however, be better if the appellate authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter.

[wagh7]

Kushal sir,

Please do not say thanks to me, because the efforts that you and some other activists are doing is hats off to you, my role is very very minute , not even 0.0000000000000000001%.

I use to help the society and needy.
thanks for your compliments.

rakatkam.