Harassment of information seeker

[GAUTAM BHATTA]

One application was submitted as per RTI Act to one PIO, on 14/04/2009, but did not receive any reply with respect to the said application, till to day. 1st appeal was submitted on 25.05.09 with two prayers :

• As per provision of Sec 19(5) of the RTI Act, the PIO may be asked to explain in writing, his/her refusal to give me information since the onus to justify such an action is on the PIO.
• It is requested that the appellant may be provided the information requested without further delay.

Without receiving any information, second appeal was submitted to the State Information Commission on 12/08/09 . SIC forwarded that 2nd appeal to the FAA & PIO along with all enclosures for necessary action on 7.11.2009 .
So, 1st appeal hearing was arranged and appellant informed his intention -- not to appear and requested the FAA to decide the appeal on the basis of the records, viz. 1st appeal 2nd appeal and submitted above two prayers.
But in his order , the FAA mentioned ‘ in absence of the appellant .. particulars which he intended to indicate could not be called for. So, unless the appellant appears and assists in getting required information, it is impossible to dispose of the appeal.’
In the said application information sought for regarding the date of receiving one letter and the dates of action taken with respect to that letter. Why the presence of the appellant is so much important in the appeal hearing and why the PIO did not provide the information sought for almost about a year ago ? Specifically when as per Section 19(5) of the RTI Act – the onus to justify such an action is on the PIO.
The same FAA did not allow one appellant to appear in the appeal proceedings and provided his ORDER on the ‘ basis of records’. In that case the appellant requested to be present in the hearing.
This is the simple way of harassing the information seekers.
The appellant could not follow why his presence is required , and how it was impossible to provide information regarding the date of receiving one letter and action taken thereof, without his assistance !

[karira]

Heads I win, Tails you lose !

[GAUTAM BHATTA]

The appellant is not at all interestd to attend the hearing.Another point is to be mentiond here that on submission of 1st appeal in May, 2009, the APIO informed that as the appellant was not present on the date of hearing , the FAA had disposed of the appeal mentioning that—‘The appellant did not appear . For non –appearance of the appellant the appeal is dismissed.’
The appellant mntioned in the 2nd appeal to the SIC that as the letter regarding the date of 1st hearing was not received by him , so question of appearing in the hearing does not arise at all. But our SPIO & FAA friendly SIC sent back the 2nd appeal to the PIO & FAA and requested to arrange for the 1st appeal once again.
RTI Act is for getting information within a stipulated period of 30 days. But united effort of the PIO, FAA & SIC is so powerful that the information will not be available even after 10 months, and harassment will be continued.
What is to be done ?

[rajub]

The appellant is not at all interestd to attend the hearing.Another point is to be mentiond here that on submission of 1st appeal in May, 2009, the APIO informed that as the appellant was not present on the date of hearing , the FAA had disposed of the appeal mentioning that—‘The appellant did not appear . For non –appearance of the appellant the appeal is dismissed.’
The appellant mntioned in the 2nd appeal to the SIC that as the letter regarding the date of 1st hearing was not received by him , so question of appearing in the hearing does not arise at all. But our SPIO & FAA friendly SIC sent back the 2nd appeal to the PIO & FAA and requested to arrange for the 1st appeal once again.
RTI Act is for getting information within a stipulated period of 30 days. But united effort of the PIO, FAA & SIC is so powerful that the information will not be available even after 10 months, and harassment will be continued.
What is to be done ?

Gautam,

Don't you think the applicant should not have complained in the 2nd appeal that notice for hearing (for 1st appeal) was not received, since he did not want to participate in hearing?

Instead the applicant should have taken the stand in 2nd appeal that FAA should have disposed off the appeal considering the written submissions of the applicant. This would not have given the opportunity to the sic to send the appeal back to FAA.

[karira]

The only choice now is to file a "Complaint of Non Compliance" under Sec 18 with the SIC.

This time clearly attach all proof that you had informed the FAA that he should take the decision based on records before him.

[R Madhok]

It would be better to submit Second Appeal under Sec 19(3) Cum Complaint under Section 18(1)(C)

Kindly go through the following links, these are quite useful for filing Complaint/ Second Appeal.

http://www.rtiindia.org/forum/rtiglo...=SECOND+APPEAL
http://www.rtiindia.org/forum/blogs/...uidelines.html



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

[GAUTAM BHATTA]

So , should the applicant go for 2nd appeal cum complaint, without attending 1st appeal , arranged once again ?

[karira]

Better to attend First Appeal if it is already arranged before going to SIC.
.

[GAUTAM BHATTA]

As suggested by Karira Sir, I sent my representative to attend the 1st appeal. FAA asked the Memo No of the specific letter. But the point is that the date and content of the letter had been mentioned in the RTI application , if there was any letter of that matter , what was difficulty to furnish information ? Otherwise the concerned PIO could have mention his ' favourite sentence' for rejecting any query --- Nothing on the record. But the fact is even after 10 months period no information was provided, inspite of 1st appeal. 2nd appeal etc , as mentioned. The order of the FAA is to submit the required information within 15 days, but the applicant has to be taken it , in person , from the PIO's office. Let us wait and see how much harassment is yet to be met.

[GAUTAM BHATTA]

Just after 10 months of submission of the RTI application , the SPIO could furnish following information :--

• . When did that letter reached to the Co operation Directorate ?

Reply—The said letter was received on

• Specifically mention the date(s) , when the meeting was held with the Board of members of the said Society and the Registrar ?

Reply—Information not available.

• When did Registrar sent the said report to the Co operation Department ?

Reply—Information not available.

• Please provide a copy of the report submitted by the RCS to the Co operation Department in this matter.

Reply—Information not available.
In the said application informationsought for regarding the date of receiving one letter and the dates of action taken with respect to that letter. Why the presence of the appellant was so much important in the appeal hearing and why the PIOdid not provide the informationsought for almost about a year ago ? Specifically when as per Section 19(5) of the RTIAct – the onus to justify such an action is on the PIO.
The same FAAdid not allow one appellant to appear in the appeal proceedings and provided his ORDER on the ‘ basis of records’. In that case the appellant requested to be present in the hearing.
This is the simple way of harassing the informationseekers.

The applicant mentioned the date of the letter and also the content of the letter along with the names of the sender as well as the recipient . During the process of hearing , SPIO admitted that only one letter was received by the PA with the referred to content and the date of dispatch. In spite of that it was impossible to furnish information as the “Memo no ” was not mentioned by the applicant.
The appellant could not follow why his presence was required , and how it was impossible to provide informationregarding the date of receiving one letter and action taken thereof, without his assistance !
Kariraji, When 'no information is available' what should be written for Complaint/2nd appeal ?