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Views: 1515 | 08-15-2010 #1
Can the Appeallete Authority save the PIO saying that the copies of documents demanded under RTI were not supplied being voluminious but can be inspected.
No, as long as you are willing to pay for the copies, the PIO has to provide the copies.
What exactly is the information you asked for ?
Did the PIO inform you the number of copies involved ?
How many copies do you think are involved ?Follow me on Twitter @cjkarira
In fact, I demanded some documents from some Govt. Institution carrying certain informations relating to admission, withdrawal of admission and refund of fee.Though, the documents were supplied but these were carrying irrelevant informations (except a few one). In other words, supply of relevant information was avoided by the PIO. Therefore, an appeal was preferred before the I Appeallate authority who in turn replied that the information sought by me was voluminous, hence not supplied and if I wish I could inspect the documents so required. But, only a few of the documents were during inspection and rest were denied for one or the other. Even, supply of copies of documents so inspected was denied at the time of inspection when requested for with the plea that I should make a fresh request to PIO for the same. Later, on taking up the matter time and again, copies of few more documents were supplied but file notings processed by the department against one of my letter was denied saying that my said letter was not received whereas the same was earlier replied by the deptt. As regards number of documents demanded, these could be around 20 (a few more or less). No payment was ever charged or demanded for the documents supplied/yet to be supplied. The matter is now in consumer court where this issue has also been pointed out/brought into notice.
In this case, the contention of the FAA is incorrect.
It is clear that both the PIO and the FAA are trying to avoid provision of information.
Go for Second Appeal for malafide denial of information and incomplete information.Follow me on Twitter @cjkarira
Thanks for responding with proper guidance. A complaint has been filed by me in District consumer forum against the institution concerned for not refunding the full amount of fee on withdrawal of admission by my daughter in which case these documents were also relevant. Being relevant to the case, the forum has also been informed in the complaint about receipt of incomplete documents and denial to supply copies of file notings, demanded under RTI, on the plea that my letter against which the said file notings were supposed to be recorded was not received (although replied earlier).
Since the matter is now pending decision by the learned district forum, would it be, under these circumstances, advisable to
make a second appeal before the appropriate authority till the announcement of the judgment in the above complaint ? I am of the view that I must wait for the judgment to be passed now in the above complaint. Your expert views please ?
swecond appeal under RTi
Can a second appeal could be filed simultaniously for non furnishing the information/ documents demanded under RTI by the PIO and the FAA, when a case has now been filed in the consumer court indicating the necessity of those documents, till a decision of the court is now arrived at in the related matter. Will that not be a case of bypassing the consumer court when the matter regarding non furnishing the information/documents demanded under RTI has already been reported to them while filing the complaint under reference.
Last edited by pandeyvd; 08-16-2010 at 11:15 PM. Reason: for future reference
The matter under RTI (second appeal) is distinct from the matter in the consumer forum.
You are only using the documents obtained through RTI in the court case.
You can go ahead and file second appeal.Follow me on Twitter @cjkarira
What is the time limit for filing second appeal. RTI application was given on 18.01.2008 and first appeal was made to the appellate authority on 26.02.08. Case was filed with consumer court on 16.07 09 on receipt of incomplete & incorrect information and denial of copy of file notings processed against one of my letters replied earlier but now said to have not been received to avoid supply of said file notings. It may again be stated that the case filed with the consumer court is something different i.e with regard to deduction of certain amount out of the total course fee paid on account of cancellation/withdrawal of admission by my daughter as per provisions of the admission prospectus and the documents under RTI were sought for with a view to see if the action of the institution was justified in accordance with the approval granted to that effect by the competent authority/board of directors in official records which was based for publishing and issue of said prospectus. Under these circumstances when the case is subjudice, though in some different matter, would it be in the interest of the case as to if a second appeal under RTI could be filed and if so whether the same is not barred by time now ?