Do queries/clarifications not fall under previw of the ACT ?

[Tarsem singh]

i asked some questions from State Information Officer of State Electricity Board giving him a questionery and to reply these in "Yes or No" manner. Question were relating to charges imposed on me in a chargesheet served to me 4 years ago.PIO replied this request by just writing that information sought by me does not fall under the preview of section 2(f) of the act.
He did not inform me whether my application has been rejected or not! He did not even mention the period in which i should appeal against this and to whom.
I replied to him in this regard that as per Act even Advices and Opinions are also regarded as Information, hence my questions seeking verifications of facts mentioned in the chargeseet and opinion of the Board thereon do fall under the preview of the section 2(f) of the Act.
I think that PIO of the State Elcecy.Board is relying upon the clause j of sub section 1 of section 8 of the Act, i drew his attention toward the proviso under this clause that information which cannot be denied to Parliament or State Legislature cannot be denied to public also!
Am i right and entitled to file an appeal before CIC Punjab ? What is the manner of filing appeal and can it be filed through regd post only or is it necessary to engage an Advocate for this purpose ?....Please guide me in detail .......... Tarsem from Dhuri.

[taurus]

Your post does not give all the details. Has the inquiry and departmental action over or it is still in progress? What sort of advice or opinion you sought for? Does it already exist with the PA in one form or other or he has to give a new advice or opinion for you?

[Tarsem singh]

yes dept action is over. Dept has stopped my 3 increments without future effect without holding any enquiry.

[ambrish.p]

Mr. Singh from your post it is unclear what information you needed.If you dont want to post details on the forum, send it to advanced members via PM . They will try to help you out.
regards

[Tarsem singh]

Deptt chargesheeted me on the allegations which were false even as per rules of the Deptt, for example they said in the chargesheet,that calculation of average consumption ( of an industrial consumer whose meter was burnt )made by me was wrong and it was less that what it should be. I replied in my answer that it was worked out as per regulations notified by dept and asked if it was wrong then what should be otherwise, and according to which rules ? But dept did not replied my questions and without elobrating reasons for disagreeing with my reply and without holding any enquiry stopped 3 increments (without future effect)My appeal was also dismissed without assigning any reasons as how was i wrong in my action.
Meters of various consumers are found dead/burnt or damaged in electricity board , and for the period meter remains dead or burnt (i.e. not replaced) they are billed on average basis,for which formula is prescribed in the regulation book and my calculation was exactly as per that.But the checking authority made the report that average calculated by me was less and got issued chargesheet . Checking authority oredered to calculate average on another formula which was not applicable in this case (it is clearly mentioned in the regulation book). Some other facts which were recorded in chargesheet were also apparantly false,but dept did not took any cognizance of those errors pointed out by me in reply, nor they refuted my points. Now i want to know (get said by Deptt. it self) that what was the average chargeable in that case and as per which rules?(They will have to state the right figure which will tally with my calculation) My question are like these:-
1 is this right the chargesheet no xx dtxx was issued to sh.......?
2 kindly tell the name and authority on whose instance above said c.s. was issued/ initiated.
3 Is there any regulation in regulation book bearing no. xyxyxy ?
4 Is it right that connection Namely..... was checked by officer.... ?
5 Is it true that regulatiion no xxx is applicable for working out average of consumption when meter is found dead / burnt?
6 Kindly tell the average which was chargeable to consumer Name..... during the period xxxxxx during which his meter remained burnt, as per rules of Dept.
7.Has the officer xxxx any power to get charged the averaged to consumer higher than what it becomes chargeable as per rules ?
8 Please send the photocopy of record where reading of conn.xxxxx was being recorded.

[Tarsem singh]

i just want to know what is the adress of chief information commissioner of Punjab and how can an appeal be filed before him i.e the proforma, other documents/affidavits/fees to be attached with it and manner in which it should be filed. Is it necessary to engage advocate for this purpose or it can be filed by post only ?

[ambrish.p]

Mr. Singh
Add. is State Information Commission Punjab
SCO 84-85, Sector 17-C Phone: 0172-4630054
SCO 32-34, Sector 17 C Phone: 0172-4630072
Chandigarh - 160017
E-mail- scic@punjabmail.gov.in
You can see it here:
About Us
Punjab CIC: Home Page
Punjab RTI rules: State Govt. Rules

RTI Act itself do not solve any problem, but the information obtained through it can be used through some other channel.

Suggestion: Plz do see the threads given below
1. RTI Application : Information vs Question
2.Difference between Question & information

revert back if still have any doubt, advanced members will help you out
regards

[taurus]

There is definitely denial of info in your case. (Ofcourse, the questions could have been framed in a different manner so that it does not appear to be asking for opinion. For example sl.no.3: Furnish me copy of regulation no.xxxxxx. 4. Copy of the checking report of connection no. xxx for the period...5. Copy of calculation made for charging .... for the period..... etc.) That is by the way. Now you can file first appeal to the appellate authority.

[Tarsem singh]

Thanks Ambrish!
Further tell me am I right ?
but how to file an appeal ? Through Advocate or by post ? perhaps my question is not read complete by respected members.

[ambrish.p]

Originally Posted by taurus

There is definitely denial of info in your case. (Ofcourse, the questions could have been framed in a different manner so that it does not appear to be asking for opinion. For example sl.no.3: Furnish me copy of regulation no.xxxxxx. 4. Copy of the checking report of connection no. xxx for the period...5. Copy of calculation made for charging .... for the period..... etc.) That is by the way. Now you can file first appeal to the appellate authority.

Mr. Singh have you seen the (above) post by Taurus Sir and links given by me in post #7
you can file First appeal by post.
For help please see this:
http://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/how-to-write-first-appeal-under-rti-2/

And find well prepared first appeal for deemed refusal of inforamation as attachment.
revert back if still have any doubt, members will help you out.
regards