Can the RTI application be rejected on technical bases

[advocate rajesh]

sir,

Can a Rti application be rejected by SPIO Or CPIO on technical reason E.g if the application is not addressed to SPIo or CPIO but to the officer who is also SPIO.

In some states forms are prescribed say in haryana if the application is not filef as per the given formate can it be rejected by the spio or officer .

or he will have to intimate the applicant to remove the defeciency.

[jps50]

As on date PIOs are just waiting to find out smallest error to reject the appln, while they are supposed to help the applicant. If appln is sent to wrong PIO, he is bound to redirect it to correct PIO within 5 days of receipt of appln by him. Majority PIOs do not reply defective appln and keep mum. Complaint to SIC/CIC can be lodged in such cases. We should file appln not in personal name of PIO, but state only CPIO/SPIO/PIO.

[karira]

Originally Posted by advocate rajesh

sir,

Can a Rti application be rejected by SPIO Or CPIO on technical reason E.g if the application is not addressed to SPIo or CPIO but to the officer who is also SPIO.

In some states forms are prescribed say in haryana if the application is not filef as per the given formate can it be rejected by the spio or officer .

or he will have to intimate the applicant to remove the defeciency.

Did your application say "Request for information under the RTI Act 2005" anywhere in the application ?
If yes, then the officer cannot reject the application beaciuse it was addressed to the Officer and not to the PIO.

Regarding the form, there is no choice but to follow the rules. Unless someone files a PIL in the High Court, this problem will continue. If the application is not in te from prescribed in the rules, the PIO will not consider it as a RTI Application and you cannot do much about it. You know very well that most PIO's will find even the slightest excuse not to reply to your application.

[advocate rajesh]

but karika sir
if in between the application it is written "karipya suchna degia" only ,and it is not addressed ti spio .will it be considred a geniune application.

[karira]

The PIO will try to wriggle out of answering this application.

[jps50]

This type of appln will be treated as non-rti appln for info. U can later on follow up this appln through RTI questioning delay etc.

[DineshK]

Any application which is address with a subject "Request under RTI Act" and accompanied by a fee can not be returned by a PIO. He can only ask for the further details if needed.

RTI act clearly states that he has assist the applicant in filing the application and frame the questionnaire.

Though there specific form for appeal under Section 19 of the Act. I have rarely used it and my appeal has never been returned.

Even while submitting a prescribed form I normally use a covering letter which include details of Postal Order I have enclosed.

[advocate rajesh]

Dinesh ji ...............even all most all of are adopting this pratish and the same has never been returned but I have come across an instnce where such type of objection were raised .In such type of case The SPIO who is having tittle legal knowledge can delay the proceedings, say some day and thus have got a chance to send back the application if is is not in correct format. Most of the SPIO as on today are not having technical knowledge of the act.