Question: Can a returned RTI application from a correct address be treated as refusal to accept the RTI application?

[chaglasmc]

One of my friend had submitted a RTI application along with the 10 rs. postal order to a gram panchayat office that she has visited several times. She sent the application by speed post(with acknowledgement), but did not receive the acknowledgement for several days. Few days back the letter came back to her- unopened. The address used to send the speed post was correct(we already have a letter from the gram panchayat from this address). How to handle this situation?

a. Can we treat the returning of the RTI form as refusal to accept the RTI application?
b. If yes, can we take this to the first - appeallate or have to take it directly to the State Information commision.

[jiwateshwar]

First of all, it is important to find out as to whether the given gram panchayat has a CPIO/SPIO or not. Most likely the gram panchayat would only have a APIO/CAPIO/SAPIO. There are two things you can do,
1. Instead of making the application to the PIO at gram panchayat, make the application to the CPIO/SPIO at the District Collectors Office.

2. Write a complaint letter to teh District Collector telling him how the gram panchayat is refusing to accept applications made under RTI.

I would prefer the first approach as it is hassle free and making complaints serves no purpose, specially when the information you request for is very important. Stick to teh first approach, and at the same time write a complaint under section 18 of RTI Act to the CIC/SIC telling them how the gram panchayat returned your application.

[jps50]

In one such case, I mailed the unopened cover to the PIO of Office of Chief Secretary of Revenue Dept at State Capital and they forwarded to the concerned PIO within 5 days. U can send the unopened cover, with a covering letter giving the facts to SPIO of Dist. Collector Office of the district.

[chaglasmc]

Originally Posted by jiwateshwar

First of all, it is important to find out as to whether the given gram panchayat has a CPIO/SPIO or not. Most likely the gram panchayat would only have a APIO/CAPIO/SAPIO.

Thanks for the response. The village secretary is the designated PIO. For this particular Panchayat, a Village secretary is available. The attached AP govt. order mentions that the Village Secretary is the PIO(Page #5)

[jiwateshwar]

The attached document doesn't really say specifically that the Village Secretary is the PIO. If I'm right, then the village secretary is most likely to be an APIO. I would still stick to the method described above by either me or JPS50 sir. The easiest would definitely be to send the RTI application to the PIO at the office of District Collector. Just request teh information from the PIO of District collector and let him worry about the rest.

[hkdubey]

The letter was returned without opening means it is not delivered. There must be a reason of non delivery such
1. Addresse not found.
2. Insufficient address etc.
3. Denied to receive etc.
Whats the reason of non delivery? If it not accepted by the addresse then only it is refusal to receive or else enquiry must be made. The address may be insufficient or addresse may not be there. Before further action one must be confirmed reason of non delivery. In case addresse has refused to accept then one can file an appeal to FAA.

[advocate rajesh]

Mr. H.K dubey has very rightly pointed that the returned letter will be have some reasons. More over you can file appeal with FAA. In Haryana we are facing this problem where also Sarpanches have been made PIO. They are not having any officer where letter can be dilivered personally or through post. In one of my case the RTI was was sent to the Sarpanch who refused to take and said that sent it by post and when the letter was sent through it returned back after 10 day with report not met. What the sarpanches are doing ,when they find that the letter is RTI application they do not accept. The Govt has created problems for people.

[Dr. M. Faiyazuddin]

In such cases the report of the postman is very important. Why the letter was not received , must be made clear by the postman who visited the concerned address.

[hkdubey]

Originally Posted by Dr. M. Faiyazuddin

In such cases the report of the postman is very important. Why the letter was not received , must be made clear by the postman who visited the concerned address.

yes, invariably it is written at the cover of the letter. the cover should be kept intact without tampering it to be presented at the time of appeal to FAA and CIC if necessary