Need Help: No answer to RTI appeal

[archanapa60]

On 4 December 2007, I had requested the Ministry of Women & Child Development to make me available the report of an enquiry they had conducted in my complaint of sexual harassment against the Head of UNICEF. I had come to know about the existence of this report from the front page headlines of Hindustan Times of 24 October 2007.

On ffice:smarttags" />10 January 2008, I received a letter from them turning down my request “in view of the International sensitivity and ramifications of the matter at this point in time as per the provisions of 8(1) (a) of the Right to Information Act, 2005.”

On 1 February 2008, I filed an appeal with the first Appellate Authority in the Ministry (Secretary, MWCD) alongwith the requisite fee. When I did not receive any reply from them, I sent a reminder on 5 May 2008. I have yet not received any response from them.

What should I do now to get the information I need?

[The Great]

That means Information has been denied to you, hence you have to make 2nd appeal to the Commisission.

[archanapa60]

Thanks for the prompt reply. Isn't my appeal time-barred having crossed 3 months time?

[karira]

Archana,

The matter is already time barred for Second Appeal.

If the matter is already on the front page of Hindustan Times, then it should not be hidden any more, at least from the person who has alleged the offence.

You can try with another RTI application (or ask someone else to file a RTI application in his/her name).

[archanapa60]

Thanks Karira. Isn't there any kind of discretionary power vested in CIC to accept appeals despite being time-barred? My mother had cardiac arrest and respiratory failure in March and is living with me since. During the last two months her heart has been operated twice. I am her sole care-giver. Can this be accespted by CIC as a fair reason for the delay.

Also, I had sent the ministry a reminder on 5 May 2008 after filing my first appeal on 5 Feb 2008. From which date will the time limit be counted?

[karira]

Originally Posted by archanapa60

Thanks Karira. Isn't there any kind of discretionary power vested in CIC to accept appeals despite being time-barred? My mother had cardiac arrest and respiratory failure in March and is living with me since. During the last two months her heart has been operated twice. I am her sole care-giver. Can this be accespted by CIC as a fair reason for the delay.

Also, I had sent the ministry a reminder on 5 May 2008 after filing my first appeal on 5 Feb 2008. From which date will the time limit be counted?

First Appeal Date: 5th February 2008

Last date for reply: 5th March 2008 or max. 20 March 2008

Last date for Second Appeal: 5 June 2008 or max. 20 June 2008

If you have all the medico papers of your mothers condition/operation, you can surely present those along with your Second Appeal and "pray" to CIc to condone the delay. Please try to submit the Second Appeal yourself personally and explain the matter.

[The Great]

Dear Archanaji,
You should proceed as per the advice of Kariraji along with a complaint under section 18
[(1)(c)] " to inquire into a complaint, who has been refused access to any information requested under this Act."

[archanapa60]

Thanks both. Will do as advised and give you the feedback.

[taurus]

The Act itself provides for condoning such delays. The proviso under Sec 19(3) of the Act says...'provided that the CIC ...may admit the appeal after the expiry of the period ofninety days if it is satisfied that the appellant was prevented by sufficient cause form filing the appeal in time.' In your case there is sufficient cause. You can go ahead.

[karira]

Archana,

Just a thought....

Can you try to think as to how you can make a Complaint under Sec 18 (please see all subclauses) instead of Second Appeal under Sec 19(3).

Your Second Appeal can be time barred, but as per previous decisions of the CIC a Complaint has not time limit.

[archanapa60]

Hi there.

This is further to my query in the month of July 2008. As advised by you guys, I had submitted my second appeal in person alongwith medical certificates of my mother to justify the delay. I am happy to announce that just now I have received a reply from CIC informing me that my first date to appear before them is on 15 October 2008.

I would like to thank all of you for guiding me so effectively which led to CIC accepting my second appeal despite the delay.

One more query now - Do I have to plead my case myself (I have no problem in doing that) or can I take along somebody to plead it with me (like my lawyer for instance)?

Archana

[karira]

Archana,

Many thanks for your kind comments.

You can argue yourself.
You can take a lawyer along with you with authorisation letter
You can take anyone else along with you with authorisation letter.

Prepare yourself well for the hearing.
Go over the application and first appeal papers several times to get familiar once again.
Carry all documents with you like the newspaper report you mentioned, copies of the reminders you sent to the FAA, etc.
Go over some of the orders issued by the CIC concerning the Public Authority (Ministry of Women & Child Development) that area available on the CIC website (CIC)
Just see what is the tone, what does the PIO say and what does the concerned IC say.
Keep in mind the general trend.
Revise the clauses of the RTI Act that are applicable to your case (for example denial under 8(1)(a)). Read some orders of the CIC covering Sec 8(1)(a) - even if not pertaining to your ministry.

Each hearing at the CIC lasts for 10 to 15 minutes. So practice several times to be brief. Do not repeat yourself very often and give long history (all those are already on the documents that you submitted). CIC hearings tend to go haywire at times. Just try the usual methods to bring them back on track so that there is no waste of time.

Try to do some mock sessions with someone who is familiar with RTI.

Some of our members have had several experiences in the CIC. You can pm or email them for further guidance.

Always ask the PIO to first prove that the denial of information was justified in the first place (Sec 19(5)).

[rajub]

Extremely useful post for anybody who is appearing for first time before IC.

A suggestion for moderators. Can this post be made sticky or moved to guide section?

[archanapa60]

Very helpful indeed Karira. Thanks a tonne.

Makes me a bit scared too.

Archana

[rajub]

Originally Posted by archanapa60

Makes me a bit scared too.

Archana

Just remember the advice by Karira (as per sec 19(5)) that it is PIO who has to prove that denial of information is legitimate. You just have to respond to his argument. So pressure is on PIO.

So don't be eager to prove your point. Listen carefully to the argument of PIO and make note of any loopholes and show how his argument is faulty.

That's all !

[Dr_Phalswal]

Its indeed a pleasure to find you here Mam. You are a living legend, a true inspiration. Its really very very sad to see injustice still continuing. Even God could not have found a single person as brave as you are thereby testing you again and again as He very well knows that you will eventually succeed.
It was sad to know about your mother. all the very best for 15th October.
With all my prayers
Dr Satendra Singh

[archanapa60]

Dear Dr Phalswal

I am touched and moved deeply by your kind words. Don't know what to say....except that I am a normal human being with intact life values and principles. I am doing what I have to do and have no regrets whatsoever despite all the hardships, discriminationa and humiliation I am subjected to. It is rare words like yours which give me the strength to keep on going. Thank you once again.

Archana