Need Help: RTI for IT Refund : Refund is Recvd but CPIO Rejects the Appn & gives no Information !!

[bhattsp]

For the Overdue IT Refund of AY 2007-08, I sent an RTI application on Sept 12 along with the Fee of Rs 10 by Regd AD

I signed the Application in as an Individual asking Information for the status of the Refund on behalf of the Company whose Refund was outstanding.
A Third Party No Objection Cum Authorisation Letter from the Company in my favour was also attached with the Application

The AD Ack returned showed that the Application had reached their office on Sept 15

On Sept 29, the CPIO / ITO Called to say that the IT Refund had been processed on Sept 26 and was on it's way and that he would Reply to my RTI application soon

Shortly after that the Refund order was recvd & on 7/10/08 - Recvd the Reply from the CPIO. He has Rejected the Application and Provided no Information on the grounds of Section 8 of the ACT and some Court Decisions.

Attached herewith is the CPIO's Reply - Even though the Refund order has been recvd - but that is NOT the point.
The CPIO has rejected and thus refused to provide information on Important Questions like when IT refund is generally due and why it is delayed..Etc.Etc..

Senior members & other Contibutors to the Forum, Please help on CPIO's reply-rejection and advise if to go for Appeals ?

Thanks

CPIO_Reply & Rejection.pdf

[sandeepbaheti]

The application has been rejected on extremely nonsensical grounds. Go for the first appeal with the appellate authority mentioned within the reply. File the first appeal within 30 days from rejection (i.e. by 6/11/2008)

[sandeepbaheti]

Anyways, even if the PIO felt(though there is no reason to feel so) that this information is exempt under sec 8, he has to provide that part of information which is not exempt. How on earth could he say that information pertaining to proactive disclosure u/s 4 is exempt u/s 8? Really weird. The rejection holds absolutely no grounds.

[karira]

Sundeep,

This PIO needs to be taken to the cleaners - like another ITO who gave a similar kind of reply to the applicant.

Just draft a First Appeal and put it up here. I will help you to make it water tight.

If you stop, because you have already got refund, this PIO will continue his wily ways and not only harass other RTI applicants but will also behave as if he is ignorant of the RTI Act.

[bhattsp]

Kariraji,

I will NOT stop only because the Refund has been Recvd because as you said it will only encourage him to harass other Applicants

I will draft the Appeal - Pls help me on it

Rgrds

[karira]

Sundeep,

Since the word NOT in your post was in capital letters, I was encouraged to draft the First Appeal for you (had to make changes from a draft made for someone else).

It is as "tight" as I could make it.

Other members are welcome to suggest changes/modifications and help Sundeep to make it even more watertight.

[advocate rajesh]

Sir
I am in agreement with karira ........wrongdoer should not be spared as they people do not so any lineancy towards , we must use RTi tool

[bhattsp]

Since the word NOT in your post was in capital letters, I was encouraged to draft the First Appeal for you (had to make changes from a draft made for someone else).

It is as "tight" as I could make it.
 

ThanK U - KariraJi,

The First Appeal draft is Indeed very good & water tight and is certainly going to shake them UP !