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  1. #1
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    Pulivarthi Narasimhulu
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    Default It does not comes under purview of the Act


    I have submitted an application to the PIO, o/o Commissioner for Disaster Management, Revenue (DM) Departmnet, Govt. of A.P on 02-03-2009 requesting to furnish information on the following.
    1. District-wise no. of cases claimed for payment of ex-gratia under "Apatbandhu" scheme form 02-10-2006 to 01-10-2008.
    2. District-wise no. of cases paid ex-gratia under the same scheme and for same period.
    3. Whether the scheme is extended for the period from 02-10-2008 to 01-10-2009. If yes, amount paid to Star Insurance co. /any other Insurancec co. If not, reasons for not extending the scheme.
    4. Details of cases paid ex-gratia under the above mentioned scheme and for the same period under various catergories of eligibility.

    The PIO of the said P.A issued a Memo to all the District Collectors to furnish the information to points no. 1,2,and 4 directly to me and advised me to remit Rs.44-00 to provide information to point no.3. I have paid the amount and got the information from the PIO. I have also got information to the point no. 1,2,and 4 from most of the District Collectors in the State. Some of the Collectors sent the lists of beneficieries also eventhough I have not requested in my application.

    But the PIO/ DRO, Ranga Reddy district gave a reply stating that AS PER THE DIRECTOR, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING, GOVT. OF INDIA, OFFICE MEMORANDUM No.11/2/2008-IR dt.10-07-08, '' ACCORDING TO SECTION 2(f) OF THE ACT "INFORMATION" MEANS ANY MATERIAL IN ANY FORM. THE ACT, HOWEVER DOES NOT REQUIRE THE PIO TO DUDUCE SOME CONCLUSION FROM THE MATERIAL AND SUPPLY THE CONCLUSION SO DEDEUCED TO THE APPLICANT AND IS NOT REQUIRED TO DO SEARCH ON BEHALF OF THE CITIZEN TO DUDUCE ANYTHING FROM THE MATERIAL AND THEN SUPPLY IT TO HIM". Hence the pertioner did not ask information as defined u/s 2(f) of RTI Act and the request does not comes under purview of the Act.

    I have got clarification from the Commissioner for Disaster Management and submitted 1st appeal to the Joint Collector, Renga Reddy dist. But no reply received. The I filed 2nd appeal to APSIC on 09-11-2009 stating that many of the District Collectors furnished information to the points raised in my application without any querry under section 2(f) and requested the APSIC to penelise the PIO. Now it came to hearing on 23-04-2010.

    In this connection, please suggest how to compile a strong
    "statement" to be submitted to APSIC as Iam not in a position to attend the hearing personally and if anyone is willing to attend APSIC on my behalf,I can send the copies of correspondance.



  2. #2
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    C J Karira
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    Default Re: It does not comes under purview of the Act


    You have already submitted Second Appeal to APSIC. This written second appeal presumably will have all the reasons/arguments.

    If the APSIC has asked the PIO/FAA for some comments based on your second appeal, and if they have provided them, a copy should be with you also.

    All you need to do now is to rebut those comments (of the PIO/FAA) in writing once again.

    Unless you attend the hearing, you do not need any new arguments.
    @cjkarira

  3. #3
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    Pulivarthi Narasimhulu
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    Default Re: It does not comes under purview of the Act


    Thanks to Karira Sir. Please provide me any decisions/orders issued by APSIC/CIC in respect of definition of section 2(f) so as to submit a fresh statement also as Iam unable to attend the hearing.

  4. #4
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    C J Karira
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    Default Re: It does not comes under purview of the Act



    Knowing the APSIC, I strongly suggest that you attend personally or authorise a representative to attend on your behalf.

    If you go through the decisions of the APSIC, you will notice that 2(f) is the reason given in majority of the orders for denying information.

    The only way is to go point by point of your RTI application and convince that what you asked for falls squarely within the definition of "information".
    @cjkarira

  5. #5
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    Default Re: It does not comes under purview of the Act


    Thanks to Karira Sir. I will try to attend the hearing.

  6. #6
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    Default Re: It does not comes under purview of the Act


    As Iam not in a position to attend the hearing, I request any local activist to attend the hearing as representative on behalf of me. By that the Information Commissioner can't give a decision in favour of the P.A as my appeal is filed on the defeniton of 2 (f) which was applied by the PIO by wrongly interpreted.

  7. #7
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    C J Karira
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    Default Re: It does not comes under purview of the Act


    Quote Originally Posted by Pulivarthi Narasimhulu View Post
    As Iam not in a position to attend the hearing, I request any local activist to attend the hearing as representative on behalf of me. By that the Information Commissioner can't give a decision in favour of the P.A as my appeal is filed on the defeniton of 2 (f) which was applied by the PIO by wrongly interpreted.
    Check your PM.
    @cjkarira

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