Quote:
Originally Posted by colnrkurup  The AA is generally the immediate superior officer sitting next door. In majority of cases theAAs finalise the appeal in consultation with the same PIO and his infrastructure. Naturally in such cases one cannot expect much variations in theAAs reply. The period 30 days prescribed for the PIO in practice stretches to nearly 80 days to him. The PIO reply putting a date near 30 days and it might reach the appellant after 35 days. The appellant take 10 days to prepare an appeal and make it reach the AA He get 30 days and the reply reaches nerly after 35 days. Now the total time taken is nearly 80 (35+10+35) days |
What you say is correct. Hence it is absolutely essential that we help as many applicants as possible in:
1. Proper drafting of the
RTI Application. A well drafted and thought out
application can never be circumvented easily by any
PIO.
In fact even before the draft is attempted, go through in your own
mind about
:
- Why am I asking for this information ?
- What will I do with the information thus gathered ?
- Am I adhering to the
RTI Act in ALL its aspects ?
- Be very dilligent and meticulous in drafting the application and using
the right language and words.
2. Even after all this, if the applicant reaches the First Appeal stage:
- If the first application was well drafted , it will be very evident that
the
PIO is trying to evade reply/ gove wrong information/etc.
This makes drafting the First Appeal very very easy
- In the First Appeal, make sure you quote the relevant sections of the
RTI Act (or atleast the numbers of the Sections) so that AA has little
chance of denying relief under appeal.
For Example:
If the PIO gave false or misleading information, then say: Ground for Appeal: Section 18(1)(e) of the RTI Act 2005 Explanation: I asked for the information if the Department maintains any account for refund of taxes with the State Bank of India, XXX, Branch, Hyderabad. The PIO has provided information about a account which is for collection and deposit of taxes and not for refund of taxes. Therefore the PIO is providing false and misleading information. My Plea in this appeal: Instruct the PIO to give me the correct information immediately. Even though the PIO and AA might be in league, please remember that as per the RTI Act, it is ONLY the PIO or the "deemed" PIO who is liable for penalty under section 20 of the Act. "Use" this to your advantage in the First Appeal and also during the hearing (in case the applicant is called for the First Appeal).
To reduce the time of 80 days as pointed out by colnrkurup, put the following point towards the end of the list of information you are asking for:
"The day by day movement of this RTI Application from the day of its reciept by the PIO till the information is despatched to me" Putting the above will sometimes cut the time period shorter. Even if the total time taken is 80 days, it will be amply clear from the reply as to who is delaying or where is the delay taking place, thus pinpointing responsibility.