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Old 09-30-2007, 09:47 PM
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Re: Implementation of CIC decision

Quote:
Originally Posted by sngupta View Post
The implementation of decision once again comes under civil procedure code. Please say me what is actual position
Going through the entire post several times, it is very difficult to understand just exactly what you want to know?

Q. If its whether the Govt. employees can ask info under RTI?
Ans Yes, they can. As they are Citizens of India who have been given an opportunity to work for Govt. of Indian under Article 309 of the Constitution.

Q. Can TA/DA be granted for inspection of documents under RTI?
Ans. No. As already described by Col. Kurup and Ganpat. TA/DA is applicable only for Govt. Services rendered under various rules like CCS etc. Please check FR/SR Part II which should be available with BSNL.

Q. When TA/DA allowed for inquiry etc. why not RTI?
Ans. Yes its true that TA/DA is applicable under CCS(CCA) Rules as well as under various other rules where the Govt. Servant has to appear in court etc. There are certain other conditions too, like the distance involved should be beyond 8 Kms etc. However this clause would not apply to the RTI Act. You have to be very carefull when you involve such rules to help you in your RTI Applications. The moment you make such mistakes, I am you are liable for penal action under various rules which apply to staff members of certain Govt. bodies, which include BSNL.

Q. Can the PIO ask you to "inspect the records at various places"?
Ans. Yes and No. Since it is you who need the information, you have to visit the office of the PA to inspect the documents held by it u/s 2(f) & (j). You have to do it at your own cost. However, if the records are with different offices of BSNL, you can ask the CPIO to obtain these records (if not volumous) u/s 5(4) to a particular office, say the nearest Head Office / Branch Office and that you will visit that particular office. You will have to give him sufficient time. Generally a week to fortnight should suffice.

And lastly, you have not informed us on the CIC decision. You have not told us of the contents and the order issued. Nor have to you intimated whether any deadlines was fixed.

Keeping member of this list in the dark would only cause you more harm.

Manoj
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