Question: Can a PIO reply via Ordinary Post to a RTI Application.

[DineshK]

I filed a RTI application to Block Development Officer which was forwarded to the Sarpanch of the village as the information was concerning to Gram Panchayat and Sarpanches are designated as PIOs. However I have not received any intimation from BDO about it.

The Sarpanch has send me a letter by an ordinary post stating that the infomation asked by me contains 1000 pages and I should collect the information from Gram Pachyat Office after deposting Rs. 10000.00 (Rupees ten thousand !!) . Photocopy charges in the state is Rs. 10 per page.

Since my submission of application will complete 30 days in next week, will it be appropriate for me to ignore this letter,so that I can receive the infomation free of cost under section 7(6) of RTI Act ?

[advocate rajesh]

rti act says that if a application is to be transfered to the concerned pio it is the duty of the BDO ( in your case) also to inform you through letter that the application has been directed to the sarpanch,now if the sarpanch has calculated the amount and intimated you timely you should deposit the fees otherwise the application will be filed after 15 days if you faied to deposit the fees as per rti rule

[DineshK]

But how the sarpanch can prove that he has send a letter to me ? What records does he has to support his claim that he has informed me ? Since BDO has not informed me, I have to file my appeal on completion of 30 days.

[ganpat1956]

Originally Posted by DineshK

But how the sarpanch can prove that he has send a letter to me ? What records does he has to support his claim that he has informed me ?

Dinesh, ensure that the Sarpanch/BDO do not come across this thread. If they do so, then it becomes an evidence in their favour.

[dssampath]

Mr.dineshk,
You yourself first informed that, you had received a letter from sarpanch, who is also a PIO, asking fee to deposit for the information required by you. I think replying to the information seeker by ordinary post is enough. The concerned PIO will have despatch register and office copy of the reply tapal. You cannot expect reply from the office to whom you have applied. Sometimes in government set up after forwarding the request to the related department, the related department will directly reply to the consumer. To avoid the said fees, I think you cannot use as tactis, that the BDO is not replied to you.
SAMPATH.S.

[sandeepbaheti]

If you think 1000 pages is unnecessary and they are charging you unnecessary fees then you have the option of appealing against it. But if you were expecting 1000 pages and now want to evade the cost simply because you have got a chance to do so, I think it's unethical.

[DineshK]

Few more point to add about this letter ,,

1. Letter is not signed by any one and has no officie stamp.

2. While I submitted my application in English, this letter is in Hindi.

3. It is not addressed to any one. Only the main envelope has my address. The contain of the letter says that inforamtion has been asked by so and so and he should deposit the amount to get the information.

And one more doubt ... How the number of pages can be exactly 1000 ?

[sandeepbaheti]

In that case I take back my earlier post. There appears to be something dubious about the letter. Be careful.

[advocate rajesh]

in your case sarpanch is supposed to contact you in the capacity of spio the letter served to u is technically wrong and you can take benifit of that by claiming the documents free of cost more over the spio is also supposed to tell you how he has come to the conclusion that there are 1000 pages .

[ambrish.p]

[quote=DineshK;26419]I filed a RTI application to Block Development Officer which was forwarded to the Sarpanch of the village as the information was concerning to Gram Panchayat and Sarpanches are designated as PIOs.
Dear Sir,
1)Can this tranfer may be considered under section 5?
2) why rs.10/ page?

this is clear violation of this notification (as attachment)
I request advanced members to help us out
regards

[DineshK]

This notification is applicable only to central government departments.

State govt are given powers to notify fee and changes for their state under section 27 of RTI Act.

[colnrkurup]

Mr.Dinesh,
We got your point. You could have got it free the way you thought. But now you can forget it. It is a criminal act. By posting it here, you have created evidence of criminal intention. Please do not attempt it now.

[DineshK]

Col sir, you have not considered the following points

1. Letter is not signed by anyone and has no official stamp.

2. While I submitted my application in English, this letter is in Hindi.

3. It is not addressed to any one. Only the main envelope has my address. The contain of the letter says that information has been asked by so and so and he should deposit the amount to get the information.

And one more doubt ... How the number of pages can be exactly 1000 ?

Why should I even presume it as an official letter ? Even the from address at main envelope is missing.

[ambrish.p]

Dinesh ji , please see the last page of that notification.
case is related to DELHI or ?
regards

[colnrkurup]

All your arguements are correct. But unknowingly you had publicised that the PIO has send an intimation to you making the request for additional charges in terms of Section 7(3)(a) of the Act and you intend to claim that the PIO has not sent the intimation on various pretexes including sending it by ordinary post leaving no proof of its receipt by you. Do you think, you will be able to argue in any hearing that the PIO did not send you the intimation ? No. You will be forced to admit that the PIO has send you the intimation. Naturally no appellate authority will order issue of the information free of cost.

Yes. Had you kept quite and pleaded that you have not received any intimation, you would have been entitled to get the information free.

[taurus]

The letter from the 'PIO' has lot of technical lacunae. It is not signed. There is no from address. It does not let u know the details of appellate authority and your right to appeal. The computation of pages as exactly 1000 gives rise to doubt. In this background all that u have to do is to right back to the PIO and ask him to confirm whether he has written this letter. If so he should clear all these lacunae. He should provide u details of the calculation of the further fee. U may also add for good measure that since he has delayed matters wantedly beyond the time limit fixed for supply of info under the Act he supply it without fee! But please send your communication by registered post. For the PIO it does not matter even if he sends by ordinary post - as already clarified by Mr dssampath it is valid and defendable otherwise.

[DineshK]

OK. I will not take this letter as official in any case but will send a reminder to PIO on completion of 30 days stating that no reply has been received from him.

I will wait for 10-15 days for PIO to reply me before I file my first appeal on completion of 45-50 days.

[dssampath]

Dear Mr.dinesh,
Even though various opinions are comes here, you are in a mood to appeal to claim the document without any extra fee. Pl. wait upto the completion of the prescribed days then make an appeal. (Quote: How can be the fees is Rs.1000) the PIOs can first inform the approximate cost by calculating the pages, and he can claim additional charges if pages go beyond and can refund if pages works out lesser than that. - so it is not a big technical lacunae)

[colnrkurup]

If you are not mentally prepared to dish out Rs.10,000/- it will be futile to waste energy. I suggest that you resort to inspection and seek only copies of specifi