My First Appeal

[Mukesh]

A reply from Sr Supdt of Post Offices has contradicted his earlier information under RTI Act and so have prefered First Appeal with Appellate Authority Director of Postal Services awaiting outcome
would like to seek clarifications on this
Mukesh

[ganpat1956]

Hello Mukesh, please post the details of your case and the clarifications that you need on it under the thread "Ask for RTI Query". Our experienced members will be happy to provide you the necessary guidance.

[kushal]

Moved to RTI General Discussion. As Ganpat said what was the question about; if you share will benefit us all.

[Mukesh]

My first RTI question was to Sr Supdt P O about details of Post Offices Shifted/Closed after 1995 in Goregaon
The reply was Nil
I had Ministers letter stating 2 Post offices had ben Closed/Shifted
so along with my First appeal I attached the copy of Letter
A continuation letter folowed giving me details of 3 Post Offices Shfted/Closed last one being in 2006
The reason for false answers was that old records were not available
Now this was done purposely as this closing and hand over of Premises involved corruption
I wrote a rejoinder to First Appeal with a prayer to recommend the case to CIC
its over 1 month 3/1/2008 no reply from Appellate Authority.
Mukesh

[kushal]

Closing down of Post Offices is the policy decision at the top level approved and executed at the Circle level (State HeadQuaters) and not by Divisional head (Senior Superintendent of Post Offices)

I am not sure why would you pray for rejoinder for First Appeal, when there is no provision like this. If you are not satisfied with the reply of CPIO and decision of AA, you can file Second Appeal with CIC directly. But as I can see you had already got the reply, and if in case you are not satisfied by the reply, there seems no point in pursuing for Information under RTI Act with AA.

In any case, the AA has already decided your appeal, which is final and he cannot reconsider his decision. The AA does not have power of review of his own decision.

Can I & II appellant authority have power of review of their own order?


Let me know if there is something other than what I understood?

Regards,

[Abhinav Bohare]

I am also unable to understand , in fact would like to know that was it for public utility or services or for something else you are pursuing the case further after getting the almost reply

Or you want to file some thing against the Postal Dept

In both the cases you query is resolved

Now what For ?

Pl let us know in more details so that understanding your positive intentions we can assist

[Mukesh]

Yes you are right having the correct information even after getting the wrong one earlier my work is done as far as R T I Act is applicable.
The point is if I did not had the letter of Minister and kept quite believing the words of PIO it would be misleading information under the Act.
So can a PIO change his given information by giving totally contradicting Information after knowing that First Appeal has been filled?
I am not interested in penalty, so would not go for appeal with CIC.
Any way b'cause of RTI i got correct information and this will help me to fight out a legal battle for vacating my premises, as instead of shifting PO from my premises they have vacated another Premises which has been bought for redevelopment by a builder in 2006.
see if we can debate on this issue of misleading and false information given with full knowledge and vested interest by a govt officer.
Thanks

[taurus]

The fact remains that a PIO can give wrong or misleading info and get away with it as long as it is not challenged and proved wrong etc. In your case you could do so because you had solid evidence to prove the PIO wrong. Now that chapter is over. IF you want to take that to the logical conclusion you can go on appeal to CIC and ultimately penalty may be levied on the PIO for knowingly furnishing incorrect information, provided you can prove that he did it 'knowingly'. But as already stated by you the PIO says that the records have been weeded out. That is a valid reason.

[Mukesh]

I got the copy of letter which directed the Sr Supdt of PO written by Asstt DPS stating that as per direction of Competent Authority
I therefore asked again under RTI as to who is the Competent Authority is and in the reply Sr Supt PO states that he has forwarded this to Asstt DPS to reply
Can a PIO do this ? Aren't they having the knoweldge as to who the Boss is?
Or is this like the Suspense thriller?
my application was dt.28/12/07 relpied on 16/1/08 and I have not yet heard from Asstt DPS(Bldg) as yet as to who the Competent Authority is?
Do i file a First Appeal? if so against Sr Supdt po or asstt DPS A A in this case Is DPS

[kushal]

The building matter of the circle/Region is handled by AD (Building) and SSPo had done the right thing as far as asking the information from AD (building). However, the onus of replying to you solely rests on SSPO and not on AD (building). In case there delay in reply, you need to file the complaint with the CIC directly and not the 1st Appeal as per the RTI Act.

However, while fixing the responsibility, AD (building) would be equally liable for the delay in response, if of course AD(Building) is able to justify the delay.

[Mukesh]

THANKS KUSHAL,
I would have made first Appeal if not for your guidance.
One more query since I had made 3 applications all inter related can I take more than one issue in my Complaint to CIC or do I need to make seperate Complaints
Do I have to pay any fees for this Complaint being with CIC related to Central Govt as there is no fees for First Appeal
Regards
Mukesh

[Abhinav Bohare]

Dear Mukesh

The best suggestion and most virtual help can only be done by ME

and that suggestion is

DO WHAT Mr. KUSHAL IS TELLING YOU

HE AS AN EXPERT AS FAR AS THIS SUBJECT LINE IS CONCERNED

FOR REST WE are THERE in LINE alongwith HIM though

Good Luck

[karira]

Originally Posted by Mukesh

THANKS KUSHAL,
I would have made first Appeal if not for your guidance.
One more query since I had made 3 applications all inter related can I take more than one issue in my Complaint to CIC or do I need to make seperate Complaints
Do I have to pay any fees for this Complaint being with CIC related to Central Govt as there is no fees for First Appeal
Regards
Mukesh

Each application.....each First Appeal.....each Second Appeal.....
(one for one) Please do not bunch more than one application in the first/second appeal.
Although you can ask for all the appeals to be heard together for convenience of all concerned.

[Mukesh]

THANKS AGAIN
KUSHAL and ABHINAV
I will make seperate complaint with a request that it be heard together
RTI ACT has indeed make each of us Shehensah of Lok Sahi as Shailesh Gandhi always says. Earlier this Officers were acting like KINGS with me.
None of my letters were even acknowledged by them.
Regards
Mukesh

[taurus]

This sort of confusion about 'competent authority' has come because of the ignorance of Public Authorities about how to furnish info under RTI Act. In the normal course most letters from Govt say - ' I am directed to say..' or '...hereby conveyed' or 'the competent authority has decided that....' so on and so forth. The person signing that many times does not know who that 'authority' is. It may sound incredible. But ours is an incredible India, in deed! When a PA furnishes info under RTI Act it should not use such language and get bogged down with issues such as you have rightly raised.

[Mukesh]

THANKS
TAURUS
i need to know who the Competent Authority is because the direction to shift and surrender the premises has been issued on the file carrying correspondence of another premises. Moreover the Sr Supdt PO had remarked that the current market rent could be Rs 40,000/- while they are paying Rs2700/- and shifting was not possible. Further Dept is also floating tender to find alternate accommodation in same locality. Once I get the records it will be good ground to challenge the decision.
Gradually I am learning the importance of R T I Act hope the system will soon improve.