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

**chaglasmc** · 09-02-2008, 11:39 PM

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.

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**jiwateshwar** · 09-02-2008, 11:55 PM

Sponsorer

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** · 09-02-2008, 11:56 PM

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** · 09-03-2008, 10:43 PM

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** · 09-03-2008, 11:46 PM

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.