Delay Tactics by PIO

[infogirl]

I submitted an RTI application to the PIO along with the fees giving full name and contact details including postal address, e-mail, office and residential phone numbers and mobile number.
As I did not receive the information within 30 days I filed the first appeal for deemed refusal with the Appellate Authority. I have not received any communication from the Appellate Authority though more than 30 days have passed.
Suddenly I received a letter from the PIO [appears to be a backdated letter] that my application cannot be processed as I had not submitted "Proof of Identity".
At no place in the RTI Act 2005 does it say that the applicant has to submit Proof of Identity. Only contact details are required to be mentioned in the application which I have fully given.
It appears that the PIO is employing delay tactics and trying to deny me the information. What should I do?
Since more than 60 days have passed since receipt of the application by the PIO and the Appellate Authority has not responded for more than 30 days after the first appeal should I file a second appeal with the CIC for deemed refusal?
Or should I send "Proof of Identity" to the PIO, set the clock backward and bear further delay? If yes, what Proof of Identity should I send? Is the PIO justified in asking Proof of Identity after so much time or is he just employing delay tactics? Should I make a complaint to the CIC?

[jps50]

PIO has no business to ask for your identity. You can lodge complaint with CIC/SCIC on this point only and prefer second appeal on receipt of reply from PIO.

[karira]

infogirl,

Did the PIO ask you for "proof of identity" or "proof of citizenship" ?

If he asked for "proof of identity", I can assure you that I have never come across a case where a applicant has been asked to submit proof of identity before he is given information. The only situation where a PIO may ask for proof of identity is when the applicant makes a application for inspection and then goes to inspect personally, the PIO may like to make sure that it is the same person...one who has applied and one who has come for inspection.
If this is what he has asked for, just to attend to your RTI application and provide information, please ignore it.

"proof of citizenship" is another matter.

Sec 3 gives the right only to "citizens" for access to information.
But nowhere in the RTI Act, the PIO has been given the powers to ask for proof of citizenship.
There are just 2 cases on the CIC website where the applicant has complained that the PIO has asked him proof of citizenship. In both the cases, CIC has conveniently ignored this issue but dealt with other issues listed in the appeals.

If you look at it logically, a vast majority of Indian citizens cannot prove their Indian citizenship because there is no concept in India of a "Citizens Register" or a "National ID Card".
Driving License cannot be a proof because even foreigners can get a drivers license in India.
PAN card is also being issued to foreigners.
The procedure for application/allotment of Ration card in Maharashtra (Nagpur District Collectorate : F. A.Q.)
also does not say anything about Ration Card being issued only to citizens.
A Voter ID card can be a proof of citizenship (since only citizens are allowed to vote) but what happens if the applicant is below 18 years and he is not entitled to vote so does not have a voter id card.
Therefore the only document that can prove your citizenship is a Indian Passport (only issued to citizens).
How many citizens have a passport ?
(I am pointing out all this, so that you have your arguments ready in case this "citizenship" issue comes up in the Second Appeal)

It seems to be clearly a delaying tactic. In any case, how did the PIO suddenly decide to ask for proof of identity/citizenship 60 days after receiving your application ? If he was really serious, he could have asked you for the proof as soon as he received your RTI application. This clearly shows that the PIO had a malafide intent of not supplying you the information.

You have already completed the process of First Appeal and no reply received.

Go for Complaint under Sec 18 to CIC.
Ask for Penalty under Sec 20 in your "plea"/ "prayer"
Second Appeal must be made within 90 days of the date when reply was supposed to be received from the PIO.

For details about filing Second Appeal with CIC, please read the following very carefully before you start drafting the Second Appeal:

The Central Information Commission (Management) Regulations, 2007

[abhijeet]

Second Appeal must be made within 90 days of the date when reply was supposed to be received from the PIO.

As per 19(3) of RTI Act,05, a second appeal against the decision under sub section (1) shall lie within 90 days etc. So, I think that second appeal must be made within 90 days of the date when decision of the 1st appeal was supposed to be received or was actually received from the concerned AA ; . not within 90 days on receiving the reply of PIO ,or otherwise as mentioned.

[colnrkurup]

If I am in your position I will sent a copy of any available documents which can establish cityzenship to the PIO lest he get an opportunity to deny the information on this pretest. Simultaneously prefer the second appeal/Complaint immediately without mentioning anything about PIO's reply demanding your identity. In fact when you sent the proof please ensure that you do not refer PIO's reply and ensure you obtain proof of delivery of this. Let the PIO justify his act of demanding your identity. Copy of an appointment letter or anything to that effect should be suffice

[karira]

Originally Posted by abhijeet

Second Appeal must be made within 90 days of the date when reply was supposed to be received from the PIO.

As per 19(3) of RTI Act,05, a second appeal against the decision under sub section (1) shall lie within 90 days etc. So, I think that second appeal must be made within 90 days of the date when decision of the 1st appeal was supposed to be received or was actually received from the concerned AA ; . not within 90 days on receiving the reply of PIO ,or otherwise as mentioned.

Very correct.
That was a typed in a hurry and the word "PIO" should be actually "AA"
Thanks for pointing out this important point.

[karira]

infogirl,

Can you please post the sequence of dates in your case :

Date of application
Date your application was received by PIO (in case you have proof of that)
Date you made First Appeal under Sec 19(1)
Date of PIO's letter asking you for "proof of identity"
Date on rubber stamp of postal department on the front of the envelope (date of posting)
Date on rubber stamp of the delivery post office at the back of the envelope
(or date of delivery to you, in case you have proof of that)

[infogirl]

Thanks everyone.The PIO asked for Proof of Identity and not Proof of Citizenship.After listening to all your advice and comments I think the best option is to file a second appeal with the CIC for "deemed refusal".Can someone please explain the timeline clearly. When do the 30 days and 90 days start? How much time does the AA have to reply - 30 days or 45 days?Also is there a website giving full details of all central and state PIOs/CPIOs and AAs?Thanks for the helpful response everyone - This is really an interactive site!

[infogirl]

Should I file a complaint or second appeal? What is the difference between a complaint and second appeal?

[colnrkurup]

My suggestion for not to mention to SIC about the belated reply of PIO seeking your identity is deliberate. A complaint or even an appeal to the SiC is not likely to be settled within 3 months. Meanwhile if you innoscently send some sort of your identity establishing your cityzenship to the PIO, he will be forced to settle it within a month By the time your complaint is taken up by the SIC the PIO will not have any excuse of your not establishing your identity as he would have got another 30 days or more after you sent copy of some sort of your identity.Since the PIO and AA has not furnished any reply it has to be only Complaint under Section 18(1)(c) so that you can reserve your right to Second Appeal after the PIO furnish the reply in case you are not satisfied.

[karira]

infogirl,

Complain under Sec 18(1)(b):

Section 18
1.Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
b.who has been refused access to any information requested under this Act;

Second Appeal under Sec 19(3):

3.A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Since you already made a First Appeal , you can make a Second Appeal under Section 19(3).
You also have the option of complaining under Sec 18(1)(b)

It really does not make a difference.

[mpai]

Under Section 3 of the RTI Act, the CPIO has the right to seek the identity of the applicant / citizen as the case maybe. However, looking into the above case, that already the period of 30 days had transgressed, there is certain malafide interest on the CPIO.

The CPIO could have sent in his communication to the applicant immediately or not later than five days since the receipt of the original RTI Application. Since he had not done that, then the identity of the applicant is deemed to have been accepted.

You may go in for a complain Under Section 18. Second appeal Under Section 19 shall not apply.

Good luck.

[jps50]

I invite you to refer following thread for filing second appeal or complaint with CIC. It will help you:
http://www.rtiindia.org/guide/how-to...l-under-rti-3/

[opsharma]

Since 19-03-2008,this thread was not being discussed,how did it become active suddenly after two months? The person,infogirl,who initiated this thread never gave any input on the query raised or on the outcome of the case. Can someone please throw somelight on how and why of this revival?

[The Great]

Dear Sirs,
In Orissa RTI rules, there is a provision for providing " particulars in respect identity of the applicant" The same rule might be there in Maharashtra. And there are rejection cases at orissa, for not submitting the identity proof. Though it is not required as per Act no:22 of the 2005
Yours A.K.Mishra

[karira]

Please read my post #3 above once again

Proof of identity and proof of citizenship are two totally different things.

If I am asked to prove my "identity", I can even show my ID card issued by a private company and whosoever is interested can cross verify with them. I can even show my driving licence issued in a foreign country as a proof of my identity (although I am a Indian citizen).

Please do not confuse the two.

RTI Act is for Indian citizens (as per Sec 3), OCI's and PIO's (Persons of Indian Origin) and therefore the PIO can (although I will always attribute malicious intent to such actions by the PIO) ask for proof of citizenship, proof of OCI, proof of PIO, etc...

The PIO has no business to ask for "proof of identity" at the time of application.

If the drafters of the RTI Act wanted anyone to show his identity or prove his citizenship at the time of application, they would have expressly included that in the RTI Act itself with the words..."information will be provided on payment and on proof of identity by the applicant....."

These days, CIC and some SIC's, are liberally allowing Companies, Associations, Samitis, Unions, Trusts, Cooperatives, etc.... to apply under the RTI Act. Please show me one instance where a PIO has asked for proof of identity or citizenship to any of these. How did they prove it ?

By the way, how many times have any of you gone to a Government office to submit a application under RTI and ask the PIO his proof of identity and for proof that he is really the PIO ? Try it and see the reaction.

In the absence of anything specific in the RTI Act, please do not allow the PIO to get away with murder, by giving any benefit of doubt.

opsharma,

The thread became suddenly active since manoj just saw it today and posted in it.

[sidmis]

These days, CIC and some SIC's, are liberally allowing Companies, Associations, Samitis, Unions, Trusts, Cooperatives, etc.... to apply under the RTI Act. Please show me one instance where a PIO has asked for proof of identity or citizenship to any of these. How did they prove it ?

Even the CIC send out conflicting signals on these issues. I am refering to the CIC clears ambiguity on rights of associations under RTI law post.

Asking for Proof of Citizenship is mandatory in Orissa. You simply cannot file your RTI Application without it.

[karira]

Originally Posted by sidmis

Asking for Proof of Citizenship is mandatory in Orissa. You simply cannot file your RTI Application without it.

Sidmis,

In view of my above post #3 in this thread, how can anyone give proof of citizenship and who will decide what constitutes a proof of citizenship ?
What are Orissa PIO's doing in this regard ?