Can the PIO not receive the RTI Application ?

[ravikumar_108]

Hi,

My name is Ravi. I had filed a RTI a month ago to a state Road Transport Corporation, requesting information under RTI Act 2005.
The information was required on Mr. X who works as a conductor and had filed false dowry harrassment cases against my family. In his complaint he had claimed that he had spent exorbitant amount of money (Rs 8 Lakhs) far beyond his reach and capacity as expenses for the wedding.

I got the information of the PIO through a friend, gave a phone call to the PIO office to confirm if it is the correct PIO for getting my information. The PIO answered the phone call and gave her name and confirmed the address. I briefly told about the information that I'm seeking. She asked me to send the application addressed to the PIO (that's her) and asked me to send it in a normal post. She also asked me to provide the complaint copy and also the case details since these were personal details.

I believed her words and I sent the application in speed post, in August second week 2008, and I requested for the below informations.
1. The salary grade of Mr X
2. Date of Joining of Mr X
3. Last Promotion Received date of Mr X
4. Loan Details if availed by Mr X
5. Leave Record for the last 3 years of Mr X
6. Any Suspension Pending Enquiries for Mr X

I tracked the post through the tracking number in the speed post website of India posts. I found that it was not delivered with the message " The Mailbox is locked" I called up the PIO to request her to see if she has received the same. She began shouting saying that, What do you think about RTI ? You cannot use RTI to get personal information ? I cannot provide any information in this regard etc etc
I told her to please check if she has received the FIR copy and the complaint copy by the individual, claiming money, loan from government. I was sure that his salary would be less than 5 thousands and was told that his salary was around 3.5 thousands per month three years before. I tried to explain her that I need this information to prove innocence of a family wrongly accused and traumatized by his claims with the intent of misusing judiciary for extortion.

She said that she has read through the whole content and said, she cannot provide me any help and disconnected the call, when I requested her to provide a written reply.

Next day, I found that the india post website was showing the delivery confirmation for my tracking number. The confirmation was reading "Delivered to PIO".

Hoping that I would get a reply from the PIO per the RTI Rules, I was preparing the application for appelate authority to get the information. And I wanted to have a proof of the delivery of my application. Therefore I again visited the Speed post website to take a print. To my surprise.. "The status has been changed to
There is no record of this item." and in the movement tab, I found that it is undelivered.

The PIO had not received the speed post, or has returned back my RTI application to the Postal services. I SHOULD HAVE SENT IT THROUGH REGISTER POST.
I now remembered, the first conversation intially, when she asked me to send it via a regular post. So that she can selectively reply to my queries.

Learned users in the group, please reply me what are my options now..
I. Should I file a fresh RTI through Registered Post ?
II. Should I try to trace out the missing parcel ?
III What actions can be taken against the PIO for not providing me the information?
IV Are the informations sought in my RTI application invalid and can be rejected ?

Please visit www.498a.org the site for the misuse of Dowry harassment act by frivolous women and her family to criminally intimidate and extort through Legal Terrorism.

Regards,

Ravi

[jps50]

Welcome to this portal with 9300 members. If the envelope is not returned to you, U should apply for acknowledgment and delivery details from the concerned post office. If it is delivered and U have not received reply within 40 days of mailing [inclg 10 days of postal delay], pl file first appeal. PIO will raise section 8.1.j of RTI act to decline your request. In appeal U may quote CIC decision No.ICPB/A-9/CIC/2006-3 April,2006 and section 4.b.x for salary details and biodata. I also suggest that U may request the Court to order your fatherinlaw to file details as required by you on affidavit in the court to meet ends of justice and to give you fair opportunity to defend. If U think concerned PIO is trying to play mischief, U can file another appln under RTI with another PIO of another city, but of the same organisation. He will then be required to forward the appln within 5 days to the correct PIO! Pl do not speak or visit PIOs- write to them.

[ravikumar_108]

Thanks for the quick reply.

I agree that we should not visit or speak to the PIO's.. Lesson Learnt..
Where can I view the decision of Chief Information commission: No.ICPB/A-9/CIC/2006-3 April,2006 ?
Is it available on Internet ?

Cheers,

Ravi

[prbhat_gen]

ravi kumar,

the hyperlink is http://cic.gov.in/CIC-Orders/CIC_Order_Dtd_03042006.pdf

alternatively you can get it at CIC