Application under Life and Liberty Clause

[ketan.bhatt]

Hello.

I made an application under Life&liberty clause of RTI Act.

1. What are the remedial options open to me in case (a) PIO does not respond within 48Hrs (b) PIO gives only part of information requested.

2. Where to file the appeal (a) Appellate authority within same organization OR (b) Central/State Information Commission OR (c) High Court

3. What are the issues I need to address (care to be taken) while filing appeal under Life & Liberty clause?

Thanking in anticipation.
.................................................. ....

[karira]

Ketan,

I hope you read the other thread where you made the same post as above:

Right to Life And Liberty Clause

Unfortunately the RTI Act 2005 does not segregate applications, processes to be followed, time limits , etc....as per whether they are "normal" or under "life and liberty".
The only mention is that the PIO should reply within 48 hours to a RTI application made under the "life and liberty clause".

1. If no reply from PIO then either First Appeal to FAA under Sec 19(1) or Complaint to CIC/SIC under Sec 18(1)(c) - no reply received/no information received.
2. If part reply received from PIO within 48 hours, then First Appeal to FAA under Sec 19(1) or Complaint to CIC/SIC under Sec 18(1)(e) - incomplete information.
(Please note that for both points 1 and 2 above, it is strongly suggested that you go through the process of First Appeal, since it is seen that CIC/SIC are routinely sending back the Second Appeals to FAA with the comment: "Since the FAA has not addressed the issues raised by the applicant.....the matter is being sent back for the FAA order").
3. If your case for "life and liberty" is strong, then please file a First Appeal with the FAA in the same organisation, BOLDLY saying in red colour at the top:

"TOP URGENT - RTI First Appeal under Sec 19(1) in LIFE & LIBERTY CASE"

This should wake up the FAA. As soon as you file the First Appeal, start personal follow up with the FAA from the very next day on phone, followed up by written request to hear you matter urgently.

[ketan.bhatt]

Thanks a lot karira.

Guidance was very much valuable for an amateur person like me. I shall follow your advise and appeal to FAA (First Applet Authority. Pl correct me if wrong).

If I may briefly describe the scene, so as to receive precise advise.

It is a service matter. MOST of the employees in my department had troubled relationship with an individual who was in charge of this department for several years. The official was chairperson of committees which changed arbitrarily minimum eligibility criteria (advt published in newspaper) for accommodating pre-selected candidates. Apart from that there are scores (10+) documented grievances expressed (against the same official) by employees collectively (4) as well as individually.

NOW, on 22 Aug, 2008 management made announcement to the effect that the same official will (on 1 Sep, 2008) take charge of much higher position in the institute. Organization chart (available on website as RTI declaration) shows that higher position as reporting/evaluating authority for employees in this department. This is likely to pose significant threat to employment of many people.

RTI application under Life and Liberty clause was filed by email on 25 Aug (fees paid in cash next day). Application listed 15+ documents (with specific dates mentioned). Information sought
(a) name/design of decision making authority who selected the official for higher position
(b) if management considered 15+ documents listed
(c) if NOT, then list of those documents not considered
(d) speaking orders on decisions/grievances mentioned in 15+ documents listed.

RTI application of 25 Aug also requested review of management decision. Response urged under Life and Liberty clause of section 7(1).

Personal follow-up done yesterday as well as today. Just now PIO said (orally) that he will respond within 30 days only.

Please advise effective remedy.

Thanking you/all in anticipation.

- Ketan




All, sorry for repeat post.

I would also appreciate suggestions for writing to another discussion group/forum. Eagerly look forward to valuable guidance. Sooner the better.

Thanks

- Ketan

[karira]

Ketan,

The situation you described cannot be considered as a "life and liberty" issue. PIO will reply only within 30 days.

But what is the hurry ?
Even if someone takes up charge and the documents/information you obtain through RTI shows that the decision was not correct, then the PA should "reverse" the decision.

[ketan.bhatt]

Thanks a lot.

Do I need to make fresh application?
Am I asking the right questions to be effective?
Is this the right forum, or do I need to move to "RTI India > RTI Community Support > Ask for RTI Query"

Thanks.

- Ketan

[karira]

Ketan,

1. Just wait for the 30 day period to be over. Add another 5 days or so for postal delays.
2. Your questions seem to be correct in the context that you have given.
3. If neccessary, the moderators will move this thread.

[ketan.bhatt]

Thank you sooo much karira for your advise. I know its value.

You have not advised fresh application. Waiting is fine as well.

Writing on a public forum, I had to take care not to disclose names of organization/individuals, as well as details that are specific to this instant. Else I am sure, an expert would have been able to give much focused and effective guidance.

By any chance if there are any voluntary groups around Ahmedabad, please let me know.

Thanks again.

- Ketan

[colnrkurup]

I could not find out as to how the life and liberty is affected in this case. The PIO is correct in conveying that he will repy in 30 days.