Need Help: Suggestions With regard To Filing Application In NHRC

[Gautamrao]

Dear Friends,
I am planning to file a RTI application in NHRC asking them the following questions:

a. The website of NHRC states that ‘False Implication’ is admissible and would be investigated. I want full information with regard to the term, ‘False Implication’. What is the definition and scope of this terminology?
b. Does the term ‘False Implication’ refer to only government servants and police officers? Or, is the scope of this term extendable to people/ individuals/ citizens who file false cases and misuse the law?
c. Does the NHRC take action against individuals who file false cases apart from government and police officials?
d. Does the term, ‘False implication’ apply to all sections of the IPC?


I need your valuable suggestions and inputs/ ideas.

Thanking you,
Gautam

[jps50]

Welcome to this portal. Pl navigate it for knowing about RTI and its effectiveness.
For your problem just send ordinary letter [non-rti] to NHRC by spped ad post. Normally they will not reply. After 30 days file application under RTI by refering to my blogs on filing appln for central govt info and 'any thing pending with govt?'

[Gautamrao]

Dear Friend, I know the procedure in filing RTI. But, what I needed was some ideas and suggestions. As you are aware, false cases and implication are on the rise.

Why do you suggest sending an ordinary letter first? Any case, they will not reply.

[bahl_ajay]

Dear Gautam,

I am in agreement with what JPS has advised.

The reason for suggesting, sending an ordinary letter first despite knowing the fact that it won't be replied to is that then you will get an opportunity to seek details of the action taken on your letter. This is a more effective way of seeking any information from a PA.

Most of us using this forum are pretty much in using the RTI Act, but the very purpose of a forum like this is to increase our knowledge and info seeking skills.

[Gautamrao]

Dear Friend,
Thanks for your reply. How can I ask for details of action taken on my letter when my letter is just to know the meaning and definition of a particular term and secondly when they are not obliged to answer. It is just a matter of courtesy on their part if they answer it.

Thank you.

[bahl_ajay]

It is obligatory for every Govt. Dept to reply to the queries received by it. Here it is some particular clarification that you want to seek from NHRC regarding the information posted on their web site and there is no reason for them to deny you this information even if it is not under the RTI Act. Otherwise you can send a second appplication under RTI Act seeking details of action taken on your first letter.

[karira]

Originally Posted by Gautamrao

a. The website of NHRC states that ‘False Implication’ is admissible and would be investigated. I want full information with regard to the term, ‘False Implication’. What is the definition and scope of this terminology?
b. Does the term ‘False Implication’ refer to only government servants and police officers? Or, is the scope of this term extendable to people/ individuals/ citizens who file false cases and misuse the law?
c. Does the NHRC take action against individuals who file false cases apart from government and police officials?
d. Does the term, ‘False implication’ apply to all sections of the IPC?

Gautam,

Most (if not all), of your queries might be rejected by the PIO under the guise that what you have asked for is opinion, advise, interpretaion, etc. and NOT "information" as defined in the RTI Act.

Just be careful and dilligent while drafting your RTI application and choose the words carefully.

In case you so wish, post your draft here and members will be able to guide you by suggesting modifications to your application.

[Gautamrao]

Thank you very much Karira. I also didn't realise that there is ambuity in what I asked and the PIO can always say that it is not information that I am seeking.

Can you guys help me out in choosing proper words and constructing sentences so that it appears more like information than like interpretation?

Thank you very much.

[Gautamrao]

Thanks for your reply. But, is there a way to ask for information through an RTI application about a query which I have sent [Maybe, through registered post]. Because, the registered post, even though acknowledged doesn't contain any application number or anything like that.

[Gautamrao]

Originally Posted by bahl_ajay

It is obligatory for every Govt. Dept to reply to the queries received by it. Here it is some particular clarification that you want to seek from NHRC regarding the information posted on their web site and there is no reason for them to deny you this information even if it is not under the RTI Act. Otherwise you can send a second appplication under RTI Act seeking details of action taken on your first letter.

Ajay, under what act or rule is it obligatory for Govt. departments to respond? Any idea about that?

[bahl_ajay]

Gautamrao,
Please go thru the attached OM from Min of PG on disposal of grievances and complaints. I hope this will resolve your query. General guidelines relating to the acknowledgment of mail is provided in the guidelines or office procedures of every department.

[Gautamrao]

Thanks a lot Ajay.

[revribhav]

I have filed applications with NHRC regarding discrimination by by employer insurance company,inspite of being one of the most regular employees they kept pending my application of leave from last week of June to July07 (of sickness)presented formal application dt.1.08.07,they asked for clarification by one letter each issued in the month of August and September07duly replied by me.Issued me a charge memo suddenly in February 08 alleging unathorised absence.After my complaint dt.25.04.08 I sincerely presented to my employer"through proper channel",they have suspended me and issued another charge memo in retaliation.
NHRC law section has refused to entertain my complaint in compliance with section 36 of
Protection oif Human Rights Act read with regulation 9 of the said Act,although they registered my complaint vide case no.44/20/1/08-09.

[Gautamrao]

Interesting. Can you post a link to those sections of the act so that others can undertand what they imply? On what grounds did the law section of NHRC refuse to act on your complaint?

By the way, I think yours is a fit case for the labour department to look into.