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  1. #1
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    Name:
    ranjiv goyal
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    Default SIC changes written order


    I have filled a RTI application to a department. The department did not give the response within time 30 days. I had filled a complaint to SIC office. On First hearing I had an urgent work so I did no attend the hearing but before that I had made a written submission that is received SIC Office on 4-1-2010 by diary no. In this submission I told the SIC that the information given by respondent is wrong and I also requested SIC to give an another date for hearing. But in his orders the SIC did not mention my written submissionOn next date of hearing 28-1-2010 I appeared before SIC. Then again I had submitted a written statement for the wrong information given by SIC. On hearing my views SIC directs respondent to give correct information as per my written submission and fix next date on 19-2-2010. <O:p</O:pBut now when I saw SIC orderís on website he had disposed off and close the case. The SIC did not notice the information given by respondent after 60 days and that is to be wrong. He also ignore his own decision for next date 19-2-2010 that was announced on 28-1-2010 in court.Please tell me what should I do.<O:p</O:p



  2. #2
    Posts
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    Name:
    ambrish
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    Default Re: SIC changes written order


    Dear Ranjiv

    a. RTI procedure is :Time limits specified in the RTI Act - RTI Guide
    1. RTI Application with Fee to PIO
    2. If no reply/ not satisfied with reply in 30 (or 35 days in case of submission to APIO or under Section 6(3)),
    First Appeal to the First Appellate Authority (normally a officer higher than the PIO)
    3. If no reply/ not satisfied with reply in 45 days to the First Appeal, then Second Appeal to the CIC/SIC (time period is 90 days)

    b. It seems that u have not followed the second step (FA) and matter was sent back to FAA for decision.

    c. If correct/complete information was not provided to even after the orders of FAA. U can file complaint with SIC.

    regards

  3. #3
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    ranjiv goyal
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    Default Re: SIC changes written order


    dear ambrish,
    thanks for your reply. but u had not read my queqry carefully. I clearly wrote in that when I did not get response from the departement then i make a complaint with SIC (State Information Commission). where two hearings of the case was held. During 2nd hearing the SIC orders to respondent give correct information as per my observations submitted on that date and fix a new date 19-2-2010. but when i receive SIC orders' he changes his orders and disposed off and close the case.
    So, please read whole matter carefully and suggest me next step.

  4. #4
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    ambrish
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    Default Re: SIC changes written order



    Dear Ranjiv

    Have u exhausted First appeal option??

    regards

  5. #5
    Posts
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    Name:
    Rajkumar yadav
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    Default Re: SIC changes written order


    Dear ranjiv
    It is not mentioned in your query that have you approaced the First appallete authority or not, if you have not approached the FAA than you have to exhaust this channel before filing the second appeal.

    thank you

  6. #6
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    Col NR Kurup (Retd)
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    Default Re: SIC changes written order


    Goyal,
    Your complaint to SIC was that you were not given a response to your request for information within the time limit of 30 days. You yourself admit that the SIC has ordered the PIO to provide you the information and you have received the information. So, the issue stand resolved and complaint stand closed..

    Now you claim that the PIO has given you a wrong information. You had not filed any second appeal alleging provision of incorrect information with justification. I think you have to file a second appeal as you have not availed this opportunity and still it is not barred by limitation.

  7. #7
    Posts
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    Name:
    ranjiv goyal
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    Default Re: SIC changes written order


    Resp. Col NR Kurup,

    Let I clear all facts for clarification of doubts pointed out by u. I had applied for information on 28-10-2009. The PIO did not give his repuly in due time. Then I filled complaint u/s 18 to SIC on 7-12-2009 (after 41 days). The SIC fix first hearing on 6-1-2010. In mean time department give informaton on 21-12-2009 (after making complaint to SIC). None present on first hearing on 6-1-2010.before that I had made a written submission that is received SIC Office on 4-1-2010. In this submission I told the SIC that the information given by respondent on 21-12-2009 is wrong and I also requested SIC to give an another date for hearing. But in his orders the SIC did not mention my written submission.On next date of hearing 28-1-2010 I appeared before SIC. Then again I had submitted a written statement for the wrong information given by PIO. On hearing my views SIC directs respondent to give correct information as per my written submission and fix next date on 19-2-2010. But now when I saw SIC order’s on website he had disposed off and close the case. The SIC did not notice the information given by respondent after 60 days and that is to be wrong.

  8. #8
    Posts
    153
    Name:
    ranjiv goyal
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    Default Re: SIC changes written order


    Dear ambrish,
    I havt not filled first appeal. I directly fill complaint u/s 18 to State Informaton Commission.



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