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Chakradharpur Railway Division beyond the RTI act

This is a discussion on Chakradharpur Railway Division beyond the RTI act within the Ask for RTI Query forums, part of the RTI Community Support category; Dear Sir, I had put an RTI querry to PIO Chakradhrpur Railway Division. My application was neither returned not replied. When I appealed it to 1st appellate I received a ...


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  #1  
Old 08-01-2008, 12:37 PM
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Unanswered: Chakradharpur Railway Division beyond the RTI act

Dear Sir,
I had put an RTI querry to PIO Chakradhrpur Railway Division. My application was neither returned not replied. When I appealed it to 1st appellate I received a message as you have not enclosed requisite fees of Rs 10 your application was not registered. The 1st appeallate also given decision in that line. In my application I had mentioned to inform me the mode of payment. As per my knowledge Under Section cannot be declined Except in section 8 and 9 of the act. whether this is a case of declination.

Further that division has not given any information in its website as per section 4(b) of the act.
Can any activist can suggest me wht action should I take against the irregularities
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Old 08-02-2008, 07:18 PM
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Re: Chakradharpur Railway Division beyond the RTI act

hkdubey,

There are two ways to look at this situation:

1. From the PIO's point of view, your application was not "complete" since it did not
have the requisite payment by the correct mode of payment.

2. From the CIC's point of view (please note that there are also some decisions of some IC's which are contrary), the 30 day period starts from the day the application is actually received by the PIO. He has to keep the information ready and hand it over to you when he receives the fees:

Sec 7(1):
1. Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:Provided that where 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.


Some people have also argued that the "fees" referred to in the above are the "additional fees" for copies, etc.

Please also see the following thread:

30 days starts from which date?
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Old 08-03-2008, 05:48 PM
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Re: Chakradharpur Railway Division beyond the RTI act

It is also there in section
5. 3. Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
In my application para 9, I had mentioned to intimate the mode of Payment may kindly informed to me. I think the PIO has willfully with malafide intention has not informed rather after appeal he wrote me to deposit the fees there also he intimated that the 30 day will start from the date of receipt of fees which is also wrong, and supplied the information which is xeroxed illegibly and information is incomplete few points has not been dealt. Now I want to appeal to CIC but I am unable to get the name of PIO as it is not mentioned any where and there is no link on RTI in there web site too. I have got 90 days more time to file appeal.
As per section 4.
1. Every public authority shall—

b. publish within one hundred and twenty days from the enactment of this Act,—

xvi. the names, designations and other particulars of the Public Information Officers
But in the web site of Chakradharpur Division there is No link on RTI

Last edited by hkdubey; 08-03-2008 at 05:52 PM. Reason: half finished and got transmitted
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