One more step towards the RTI

[shibu_john]

hi all

I have a somr queries:
1. What's the hierarchy — Appellate Authorty, CPIO, CAPIO ie to whom we should first file the RTI.

2. Can I send my RTI to all of them simultaneously is to Appellate Authorty, CPIO, CAPIO, Ministry of Labour and Employement

3. How to make the court Stamp paper. Imean what should be the content of the stamp paper

4. Whats the meaning of the term suo motto

5. Instead of posting the RTI, if I go directly to the concern office, and ask for the required information. Is it possible? Will they give the acknowledgement that ur RTI has been accepted by us or something like that. What to do if they try to ignore or dont accept it and make lot of excuses.

Kindly guide me

thanks

Shibu John
Mumbai

[jiwateshwar]

q1. the hierarchy is CAPIO> CPIO> FAA> CIC> Supreme Cort of India
Your application has to be addressed to the CPIO only but can be submitted to the CAPIO who in turn forwards your application to the CPIO. CAPIOs are just facilitators and do not have any authority in concern to RTI other than forwarding your application to CPIO. CAPIO are appointed in sub-districts and since you live in Mumbai, I see no reason as to why you would need to interact with a CAPIO.

q2. No! Yes you can mail your application to all of them but that will serve you absolutely no purpose. Each copy would be treated as a separate application and thus require separate application fees. Moreover it would be highly unethical to do so.

q3. The method of paying through court stamps is not acceptable in all states. It is much easier to get an IPO or DD. If you were to make an application through court stamps, the contents would be the same as that of a normal RTI application, you just have to attach the stamps along with it. Te person issuing teh stamps would know and do the needful.

q4. Suo motu, meaning "on its own motion," is a Latin legal term, approximately equivalent to the English term sua sponte. It is used, for example, where a government agency acts on its own cognizance, as in "the Commission took suo motu control over the matter." Example - "there is no requirement that a court suo motu instruct a jury upon these defenses." State v. Pierson. (Refer Suo motu @ Wikipedia, by the way, you could have used GOOGLE for getting this information.)

q5. Yes you can walk into the office and make the application in person. In such a case, you would carry a photocopy of your application with yourself and get the receiving clerks signature on the photocopy for him having received the same. However, it is far more advisable to send the application by post as it is common practice for CPIOs to decline from receiving the application. Mostly you wont be able to locate the officer, or they will be on lunch, or their senior saab might have called em for a meeting, or his wife might have run of with the local Doodhwala and he might thus be on a holiday. So, it is best to send it by post. In any case, retain the postal slip or the signed photocopy. Retain copies of all communication made and received (this is very very important).

[wehelp]

Dear John May the forum member know what exact information u are looking for . So that our learned members guide u

[karira]

shibu,

Please also browse around the "Guide" segment of the forum and you will get lot of information and knowledge about RTI.
Please read some of the threads in "ask for RTI query" also.

[sidmis]

> the hierarchy is CAPIO> CPIO> FAA> CIC> Supreme Cort of India

Hello jiwateshwar,

Don't you think High Courts should be placed Before the Supreme Court in this pecking order.

CAPIO> CPIO> FAA> CIC/SIC > HC > SC

Just a passing thought.

Sidharth

[jiwateshwar]

I wasn't too sure whether HC has jurisdiction. The thought did occur to me, but only after having made the post. The only reason I placed judiciary in the line was is that I had read in many CIC decisions that the decision of CIC can only be challenged through a writ petition. Thus Im not too sure about HC. If HC has jurisdiction then please let us know.

[abhi987]

Yes one can file a writ petition in the High Court.

[sidmis]

First of all let me clarify one thing, that I have no formal legal training.

What I have seen so far all most all the cases against SICs & CIC are filed with the High Courts only and overturned there. A very few have been to SC (but right now I don't exactly remember which one).

No doubt Supreme Court is the ultimate arbiter on all things legal.
Since you have listed all the players I just wanted to put HC into it.

[mpai]

Originally Posted by sidmis

First of all let me clarify one thing, that I have no formal legal training.

What I have seen so far all most all the cases against SICs & CIC are filed with the High Courts only and overturned there. A very few have been to SC (but right now I don't exactly remember which one).

No doubt Supreme Court is the ultimate arbiter on all things legal.
Since you have listed all the players I just wanted to put HC into it.

Most HC decisions are single bench. You have to approach the Divisional Bench before approaching Supreme Court, else the latter will revert it back to HC, like it happened in a recent case.

Best wishes

Manoj