using of letter head

[sunil sri]

dear all,

recently i asked information on the letter head of a simity but the same was denied on the following grounds:

not a natural citizen ;

letter head cannot be used.

However, i came to know that cic in its judgement has permitted the companies to seek information by using letter head.

let me know, whether i can appeal by using the recent judgement.

also please provide me the judgement.

[nile0611]

The reply to your query is in the featured thread "Can a Secretary ask for information"

[karira]

Sunil,
Please see the following thread:
Can a Secretary ask for any information?
Also read the following decision of the CIC:
http://cic.gov.in/CIC-Orders/Decision_17052007_04.pdf

Yes, you can go for 1st appeal and quote the above order of CIC.

[mpai]

Originally Posted by sunil sri

dear all,

recently i asked information on the letter head of a simity but the same was denied on the following grounds:

not a natural citizen ;

letter head cannot be used.

.

May I ask you the name of the PA and the PIO if possible. I would rate this PIO as a difficult person. When there are no prescribed formats for application etc. he has no business in tell you to that letter heads cannot be used. As long as the letter head contains your contact details, phone number etc. and you sign the application in your own name, it legit.

Further Section 6(2) clearsly states that "An applicant makin request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him."

If possible, let me have the address of this PA, I will file multiple RTI Applications seeking information like copy of rules which state Letter heads cannot be used etc.

[sunil sri]

Thanks Karira,

Your hardwork in this regard is excellent. However, I am now more specifically writing my question as "Whether an Secretary of Employees Sahkari Simity, can seek information under RTI Act by asking information on letter head of said Simity"

[karira]

Yes Sunil Sri, the Secretary can.

[mpai]

Originally Posted by sunil sri

Thanks Karira,

Your hardwork in this regard is excellent. However, I am now more specifically writing my question as "Whether an Secretary of Employees Sahkari Simity, can seek information under RTI Act by asking information on letter head of said Simity"

Karira has already replied to your query. However, I would still like to know the name of the Public Authority that dared to say that Letter Heads are not allowed under RTI Act.

Kindly give me the name of the PA along with the PIO details etc. Would like to file an RTI Application with them on my own letter head right away.

Manoj

[kushal]

The CIC in two of the recent decision has denied the information as the complainant has sought the information on behalf of the organization, of which he is a secretary, stating that the information seeker is not covered Under Section 3 of the Act.

Check up them here: http://www.rtiindia.org/forum/2924-post20.html

[ganpat1956]

From the minutes of the meeting held at CIC on 01 Aug,2006, the following approach to such cases can be found: "On whether a company or a corporation or a partnership firm or an association has a right to access information under the RTI Act, it was decided that cases would be dealt within the framework of legal ramifications arising from judicial pronouncements."

In a few of the cases decided during last month also, the CIC has taken a liberal view of the term "citizen" while applying it to the office-bearer of an association/society/union

1. http://cic.gov.in/CIC-Orders/Decision_16052007_02.pdf
2. http://cic.gov.in/CIC-Orders/Decision_17052007_04.pdf

However, in a few appeals decided by the CIC Prof. Ansari the liberal interpretation of the term citizen has not been applied. With such conflicting decisions over the interpretation of the term "citizen" , it will be prudent for the applicants to apply in their individual names till the matter gets settled.

[karira]

One good solution would be to apply on a letter head, but the signature should be of a person without mentioning his designation or post. This way the applicant can always claim that he has applied a s a "citizen" and that the letter head is being used only for the purpose of giving a address and number for reply.
There is a decision of the CIC which allowed such a appeal.
I will search for it and post it here.

As Ganpat pointed out, better to be prudent in such matters.

[maneesh]

In RTI there is no format and as mpai has rightly said there is no bar in asking information on a letter head.

On lighter side,

If we all start filling RTI application to teach a lesson to "DIFFICULT" PIO then all babus will be replying on RTI application and very well justify their existence. And for those application status we might get a reply, that all babus are busy replying RTI, You request will be considered on top priority when the job of RTI application is over

[p.esakkimuthu]

When using letter heads, you must state your name over which you have to sign.In one case when I sought the information saying my name and designation of office bearer of trade union, the PIO declined to furnish information. I appealed to the Appellate Authority stating that the designation and name of the union are part of my address and they indicate only address portion, the Appeal was allowed by the Appellate Authority

[mpai]

Originally Posted by p.esakkimuthu

I appealed to the Appellate Authority stating that the designation and name of the union are part of my address and they indicate only address portion, the Appeal was allowed by the Appellate Authority

You are lucky to have managed to elaborate to the AA. Over a half a dozen cases in June, have ruled against Office Bearers of Association and appeal was rejected as they did not satisfy Section 3 of the RTI Act.

Take care next time

Manoj

[karira]

Here is another decision which makes this whole issue even more confusing.

Please see:

http://cic.gov.in/CIC-Orders/Decision_12032007_16.pdf

In the comments, it is stated that earlier similar information sought by M/S Arjun Industries Ltd. was rejected on the ground that a company was not a citizen and that fee had not been paid in the prescribed mode by a decision dated 21.9.2006. Appeal
against the decision was also rejected by the AA by an order dated
20.10.2006. Therefore, both the CPIO and AA have disposed of the case in time.

DECISION

2. Without going into the correctness of the decisions of AA/CPIO in
regard to the application filed by M/S Arjun Industries Ltd., since the
present application has been filed by the appellant as an individual, even though in the capacity as the MD of M/S Arjun Industries Ltd., the same decision cannot be applied in respect of the present application. Therefore, if the information sought by her is not exempt in any of the provisions of RTI Act, the CPIO will furnish the information within 15 days.

Viewers are also requested to read the following thread:

Can a Secretary ask for any information?