Need Help for Further Action

[Nudrat Sayed]

We had sent an RTI application to the salt commissioner seeking information on salt pan lands in Maharashtra. They gave us pretty flimsy answers to some of our question and rest they refused on the grounds of Rule 8 1 (b) of RTI rules 2005. The appeal to the Appellate Authority was rejected on the same grounds. We seek only copies of court orders in salt pan land matter. Please guide me as t owhat should be the next step of action.

[jps50]

Within 90 days of receipt of reply by you from first appl authority under RTI, you can prefer second and final appeal to State Information Commission. U may refer GUIDE section [top right hand side of this page] for RTI rules of Maharashtra. As regards sec 8, I suggest reference to my blog on IMP DECISIONS ON SEC 8 OF RTI ACT. You can quote them in second appeal. U can also apply under RTI to PIO of the court for copy of required order of the court. U need to follow RTI rules framed by High Court, Mumbai for this purpose. U can show your locus standi for obtaining copy of such order or public interest etc, if U are third party to the case.

[shakti]

1. If possible please post your application under RTI Act-2005,reply of PIO,Ist appeal,decesion of first appeal. etc on the forum's web site.
2. In case you need the copy of any specific court order's you can find the same on the web site of the concerned Court.
3. In case you know the title of the court case(s) please inform the same to our members

I'm citing the details of few land mark Judgements.You can go through the same and inform

1. Arnold Rodricks v. State of Maharashtra, (SC) 1966 A.I.R. (SC) 1788 : 1966(3) SCR 885
2. Gulabbhai Vallabbhai Desai v. Union of India, (SC)
   1967 A.I.R. (SC) 1110 : 1967(1) SCR 190

RTI forum members are pledged to advice every body to the best of their knowledge

[karira]

Originally Posted by Nudrat Sayed

We had sent an RTI application to the salt commissioner seeking information on salt pan lands in Maharashtra. They gave us pretty flimsy answers to some of our question and rest they refused on the grounds of Rule 8 1 (b) of RTI rules 2005. The appeal to the Appellate Authority was rejected on the same grounds. We seek only copies of court orders in salt pan land matter. Please guide me as t owhat should be the next step of action.

Nudrat,

1. Section 8(1)(b) states:

information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; PIO's and AA's routinely take protection under this clause even if a matter is pending in court. Unless it is expressly forbidden by the court, the information cannot be denied to you. If it is denied to you, then the PIO or AA must show you some written orders of the court expressly forbidding publication or disclosure of that information. The PIO should have also explained to you as to how Sec 8(1)(b) is applicable in your case. Just quoting the section number or quoting the section "ad-verbatim" is not enough. Please go in for Second Appeal to the CIC since the Salt Commissioners Office is a PA under the Centre. CIC has a specific procedure and format for Second Appeals. Please read that in the Guide segment of this portal (link available on the top right hand side of every page) for details, otherwise you second appeal will be rejected. 2. For other replies that you are not satisfied with, you can raise them in the Second Appeal under the relevant grounds. If you post your RTI application and the PIO's reply here, members will study those and suggest suitable grounds for Second Appeal.

[jps50]

If salt commissioner is a central govt P.A., I stand corrected in my posting No.2. My blog also contains format and guidelines for filing first and second appeals for central govt info.

[Nudrat Sayed]

Thank you very much all u people as i really had no idea what to do . Thanks once again.

Nudrat