Question: what has to be done ?

[ambrish.p]

I needed some informataion from Indian oil corporation so filed an RTI application
1. sent on 13/09/08 (by post)
2. reply received on 11/10/08 ( dated 23/09/08 and sent on 08/10/08)
Reply : CPIO (replied after 25 days) has returned IPO in origional with remarks that IPO in favour of Accounts Officer/A.O. is not valid so information asked by you cannot be provided.please send your RTI application again with IPO/DD in favour of I.O.C.L. and payable at Lucknow so the information could be provided (not returned my application).

DoPT Circular number 1/2/2007-IR:-
Quote:3. According to Right to Information (Regulation of Fee and Cost) Rules, 2005 as amended by the Right to Information (Regulation of Fee and Cost) Rules, 2006, the approved mode of payment of fee for obtaining information is by cash or demand draft or bankers cheque or Indian Postal Order to the Accounts Officer of the public authority. Non-acceptance of fee by way of Indian Postal Order or insistence that he demand draft/banker's cheque/Indian Postal Order should be drawn in the name of any officer other than the Accounts Officer of the public authority is not in line with the provisions of the rules.

5. In view of the above facts, all Public Authorities may ensure that: -
(v)......................
(vi) ...................
(vii) Demand Draft/ Bankers Cheques/ IPO made payable to Accounts Officer of the Public Authorities are accepted; and

AND

DoPT Circular number 1/4/2008-IR
Quote:
24. According to the Right to Information (Regulation of Fee and Cost)Rules, 2005 as amended by the Right to Information (Regulation of Feeand Cost) Rules, 2006, an applicant can make payment of fee in cash orby demand draft or banker's cheque or Indian Postal Order payable tothe Accounts Officer of the public authority. The public authority should ensure that payment by any of the above modes is not denied or the applicant is not compelled to draw IPO etc. in the name of any officer other than the Accounts Officer. If any public authority does not haveany Accounts Officer, an officer may be designated as such for thepurpose of receiving fee under the RTI Act or rules made there under.

What should I do?
1. Again send letter to CPIO with copy DOPT circulars.
2. Complaint to CIC
3. any other option?
plz guide me
regards

[sandeepbaheti]

Had the PIO replied within 30 days you could have contacted him again and informed the DoPT guidelines. But since he has crossed the 30 days time limit and refused the information, the next logical step is to approach the FAA with first appeal. Mention the details of the circular to the FAA and do ask for information free of cost.

[ambrish.p]

1.Should i send that same IPO along with DOPT circular/s to CPIO
2. what about the calculation of 30/35 days

Correction:CPIO replied after 25 days(not 35)

regards

[sandeepbaheti]

In that case send the same IPO with the circulars. It would be better to send a fresh copy of the application as the PIO might not have preserved it. Do mention to him that he has already exhausted his 25 days and has only 5 more days to answer your application.
These are my views. Suggestions invited from other members.

[colnrkurup]

If you need the information you had requested, you have no option other than complying with the directions of CPIO. Please make a fresh application. The period of 30 days will commence on the date of receipt of the new application with the IPO made the way the CPIO has advised reaches them. It is futile to think on appeal as there is no valid competently filed RTI application of yours exist

[jps50]

Pl send new IPO fvg correct name. Simultaneously file complaint with CIC with photocopy of original IPO, RTI appln, reply of CPIO and copy of DoPT circular. Ask comensation for malafide delay, and imposition of penalty. U can refer my blog at http://www.rtiindia.org/forum/blogs/...rs-appeal.html

Thus U will get the info and system will also be changed or CPIO will be suitably instructed.