are questions allowed under rti act

gaurav_ prahot · #1 03-09-2007, 06:25 PM

i asked a question regarding character verification from uttrakhand public service commission, they rejected this information saying question asking is not allowed under rti act.

**ganpat1956** · #2 03-09-2007, 07:21 PM

Dear Gaurav,
There is no bar on asking questions. Please post a copy/synopsis of your RTI application and a copy of the reply you received, to enable our forum members to discuss this matter fully and give you better suggestions.

Regards,
Ganpat

**hemasampat** · #3 03-10-2007, 05:09 PM

RTI QUESTIONS:
Under RTI u can ask questions related to information that already exists.U can't ask questions the reply to which is somebody's opinion.Ycan frame ur questions using the following question words like: WHO,WHAT,WHERE,WHEN,HOW,WHAT IS THE REASON FOR------?

HEMA SAMPAT.

**maneesh** · #4 03-10-2007, 05:21 PM

Well said Hema,
Under RTI you cannot ask question like WHY

**mpai** · #5 03-10-2007, 07:37 PM

Quote:

Originally Posted by maneesh

Well said Hema,
Under RTI you cannot ask question like WHY

As Hema has posted, one cannot ask any opinion as it amounts to an opinion of the individual. But of course you can ask questions. Its only the way you ask is all that matters.

Asking questions like "WHY" are of course allowed. But this can lead to misunderstanding and misinterepretation. It would be better if the questions are phrased properly. i.e. instead of asking "Why the candidate No.13 was rejected?" one can ask "Kindly provide the grounds on which the application of candidate No.13 was rejected".

Best wishes

gaurav_ prahot · #6 03-11-2007, 07:28 PM

my question was- " can the fact that person has been tried in a criminal case , although later on acquitted be held against him while assesing his character before joining the civil services. in other words can a person be debarred from joining civil services because he has been tried in a criminal case although later on acquitted."

Reply from respective department was -" aking specific information is allowed but asking questions is not allowed under rti act"

**mpai** · #7 03-11-2007, 10:50 PM

Quote:

Originally Posted by gaurav_ prahot

my question was- " can the fact that person has been tried in a criminal case , although later on acquitted be held against him while assesing his character before joining the civil services. in other words can a person be debarred from joining civil services because he has been tried in a criminal case although later on acquitted."

Reply from respective department was -" aking specific information is allowed but asking questions is not allowed under rti act"

The PIO is wrong in sending this kind of reply. You must appeal against this.

Secondly, you can also make a second RTI application, with the same department, asking for copies of notings on the action taken on your first application and the reply you just received. That can put the fear in such PIOs.

**hemasampat** · #8 03-12-2007, 06:57 PM

Gaurav wrote: my question was- " can the fact that person has been tried in a criminal case , although later on acquitted be held against him while assesing his character before joining the civil services. in other words can a person be debarred from joining civil services because he has been tried in a criminal case although later on acquitted."

Reply from respective department was -" aking specific information is allowed but asking questions is not allowed under rti act"
==============================

Regarding asking questions:
Gaurav while filing an RTIaplication the framing of the questions is very important.A slight misunderstanding or vague questions gives the PIO a chance to reject your application.Ucan ask:What is the criteria necessary to join civil services?
Is the person who has been tried for a criminal case & then acquitted given a chance to join the civil services.If yes give the details.If no.state the reason for refusal.Under what rules he is allowed or refused to join the services?
Kindly state the rules & procedures for joining the civil services.

HEMA SAMPAT.

**nile0611** · #9 03-20-2007, 02:49 PM

I have received reply from Dy Chief Engg (B.P) City, Byculla, Bombay Municipal Corporation that,
The information which is seeked by me is in Question Answer Format and same does not fall under purview of RTI Act.

**hemasampat** · #10 03-20-2007, 06:38 PM

Always remember :
1] Begin your questions with the use of the following words--'WHO,WHAT,WHEN WHERE,HOW,WHAT IS THE REASON FOR THE DELAY-----
2] Be very specific & ask to the point questions.Don't ask vague questions.
3]You don't give information,you ask for the information.
4]Frame your questions in such a way that the officer does not get any chance to reject your application.
5]Ask as many short questions as you like ,but don't ask for volumnious information.
6]Make sure your questions are not rhetorical.Frame your questions carefully so that officer can not avoid giving answersor reject the application.

**karira** · #11 03-31-2007, 06:02 PM

I fully agree that framing of questions is very very important.
Please apply your minds carefully while framing the questions or the application itself. This will not only prevent any future hardships but will also ensure that the concerned officer or department replies correctly.
I had a problem with a particular department in AP. On trying to submit a application to the PIO under the RTI Act, the PIO refused to accept cash as a application fee. I checked the departments website and it clearly stated that application fee can be paid in Cash, Bankers Cheque or Demand Draft.
So, for good measure, apart from the regular application I wanted to file for information, I filed another application as follows:

Dear Sir,

RE: Application for Information under the RTI Act of 2005

We would like to apply to yourselves for the following information under the RTI Act of 2005:

1.Whether the two attached pages of computer printouts are the print outs of information contained on your official website ...::: Welcome to Commercial Taxes Department :::...
2.Whether the said website of the department states that “a request for obtaining information under Sub-Sec (1) of Section 6 shall be accompanied by an application fee of Rs. 10/- by way of cash or by Demand Draft or by Bankers Cheque payable to the Accounts Officers or any other duly authorised officer of the Public Authority”
3.What steps has the Commercial Tax Department of Andhra Pradesh taken to ensure that the designated officer or PIO or Nodal Officer accepts the Application Fee in cash.
4.Have any instructions been given to the PIO or Designated Officer or the Nodal Officer to accept the Application Fee in the form of cash. If yes, the date of such instructions and a copy of the said circular may be kindly given to us.
5.If the above is correct, why is the PIO not accepting the application fee in way of cash under the RTI Act of 2005 when I met him in his office on 22nd March 2007.

Although the intention of the above application was solely to make the department accept cash and also realise that it should practice what is stated on the website, the questions have been framed in such a a manner so as to make it sound like a genuine RTI application.

gaurav_ prahot · #12 03-31-2007, 06:20 PM

can any body specify which are the cases where reply has to furnished within 48 hours. can anybody also state cic judgements related to this.

**nile0611** · #13 04-02-2007, 03:00 PM

When ever the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
I would like to thank Shri Shailesh Gandhi as after reading his article on cPanel® I made my applications. I think this should help you better to understand.

1) There was an open manhole on the road and the municipal authority was not covering the same, I made an application to municipal asking for the name of the officer/staff that is responsible for the same. I stated that the information is require within 48 hours as it is concerned to life and liberty of a person, as pedestrian can fall into this manhole and can lost his life. I submitted the application and went to the office on coming back to home in evening I found the manhole was properly covered.

On getting the prompt response to my first application I was inspired to draft two more application.

2) There was a fabrication shop in our building which use to undertake the work of welding and metal cutting, the owner use do his work on an open a footpath near his shop. We made an application to municipal authority asking for the name of the officer/staff that is suppose to take action against such unauthorized work and has not done so far. We stated that the information is require within 48 hours as it is concerned to life and liberty of a person, as the welding spark can get into the eye of a passerby. Surprisingly within 2 days we found that the shop was closed.

3) There is shop who uses contaminated water for preparing food and does not maintains proper hygiene we made an application to municipal authority asking for the name of the officer/staff who is suppose to take action against such irregularities. We stated that the information is require within 48 hours as it is concerned to life and liberty of a person, as the person consuming such unhygienic food may fall sick or loose his life.

**maneesh** · #14 04-02-2007, 05:10 PM

nile you are squeezing the juice out of RTI.
Good Work!!

gaurav_ prahot · #15 04-02-2007, 06:05 PM

thank you very much.

do u have copy of judgements of CIC stating which matters fall under 48 hrs category?

education matter can fall in this category or not?

gaurav_ prahot · #16 04-02-2007, 06:06 PM

can you help me drafting application in such a way so that i will get reply within 48 hrs.

**nile0611** · #17 04-05-2007, 01:21 PM

First you ask question to yourself, whether the problem is concerned to life and liberty of person.
Then frame the question accordingly.

**ganpat1956** · #18 04-05-2007, 06:49 PM

Good reply nile.

gaurav_ prahot · #19 04-08-2007, 07:12 PM

see article 32 says that you can move to supreme court only when your fundamental right is infringed. there are only 5 fundamental rights named in constitution. but there defination is so wide that so many things falls under fundamental rights.

In the same way term 'life and liberty' is not clear cut, so if you have copy of any judjement of cic or sic it will be easier to understand what falls under 'life and liberty' and what doesnt.

praveen sakhuja · #20 05-15-2007, 09:09 AM

matter mentiuoned are educative

**sunil sri** · #21 05-17-2007, 11:58 AM

The basic principle of RTI Act is to access the information under the control of the public authorities, in order to promote transparency and accountability in the working of every public authority.

Hence, in my view we can ask questions regarding availability of information held with public authorities i.e. what were the grounds for rejection etc.

Thanks to all,