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  1. #1
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    Hari Om
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    Default (writ) high /supreme court judgment on cic/sic decision to impose penalty on the pio


    sir
    kindly help with minimum of 6 link to (writ) high /supreme court judgment on cic/sic decision to impose penalty on the pio for not repling / not replying properly/ late to respond available on our RTI org.

    in a meeting with pio asked him to draft my RTI letter was confused as he had been evading to reply my letter all this day U/s 5(3)1 no assistance received , i asked to take my oral rti. the pio asked me to put the requet in writting and then call for confirming for the time he would be availabe to wrire the rti for me,
    do i have to seek the pio appointment to take his assistance to write an rti.

    thanks for going through my request
    Hari Om


    take CARE

  2. #2
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    Surendera M. Bhanot
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    Default Re: (writ) high /supreme court judgment on cic/sic decision to impose penalty on the pio


    You are putting the PIOs to the acid test. Well its good.

    PIO cannot claim the appointment for the same. It has to be done then and there only. PIO can only call for appointement if the inspection of record has to be done.

    The proviso to Section 6(1) is quite clear in this matter:

    Proviso to Section 6(1) - Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
    This is also a gross refusal of the PIO and a complaint u/s 18 can be made to the IC (Would you do it orally?).

    18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
    (a) who has been unable to submit a request to a PIO either by reason that no such officer has been appointed under this Act, or because the APIO has refused to accept his or her application for information or appeal under this Act for forwarding the same to the PIO or senior officer specified in sub-section (1) of section 19 or the Information Commission.

  3. #3
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    Hari Om
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    Default Re: (writ) high /supreme court judgment on cic/sic decision to impose penalty on the pio


    thanks for kind reply SMbhappy sir

    is quoting of section 6(1) mandatory
    just stating as per provision available under rti for oral application kindly take my oral application of rti ( is this not enough/acceptable)

    some link to judgment as need to quote to sic earliest
    Hari Om
    take CARE

  4. #4
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    Default Re: (writ) high /supreme court judgment on cic/sic decision to impose penalty on the pio



    There is nothing available on this issues. But one thing is clear. The application has to be in written form, whether it is given in writing or it is reduced in writing by the PIO. here in one other thread on this subject you may go through it : http://www.rtiindia.org/forum/22-oral-request.html

  5. #5
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    Sharad S. Phadke
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    Default Re: (writ) high /supreme court judgment on cic/sic decision to impose penalty on the pio


    Quote Originally Posted by hari om View Post
    sir
    kindly help with minimum of 6 link to (writ) high /supreme court judgment on cic/sic decision to impose penalty on the pio for not repling / not replying properly/ late to respond available on our RTI org. thanks for going through my request
    Hari Om
    There is this judgment I remember:WP (C) No.3845/2007
    * IN THE HIGH COURT OF DELHI AT NEW DELHI
    Pronounced on : 28.04.2009
    MUJIBUR REHMAN ..... Petitioner Vs CIC for not imposing penalty. See if useful to you. This is available in this forum some where.

  6. #6
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    Hari Om
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    Default Re: (writ) high /supreme court judgment on cic/sic decision to impose penalty on the pio


    thank you for the reply
    i have quoted this judgment some more could add more weight

    sir
    in one of your post i read OF A COURCE ON RTI IN PUNE CONDUCTED
    KINDLY POST IT ON THE SITE FOR INTERESTED MEMBER TO TAKE BENEFIT OF

    REGARDS
    Hari Om
    regards
    take CARE



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