Refusal to acknowledge application and appeal

[rsmandrekar]

The Registrar Cooperative Society did not even respond to the request to provide information. First appeal was mafe on 13-5-2008 yet no response. 2nd appeal was made to state commissioner against refusal/ acknowledge the appeal. Commissioner states that he will entertain the appeal partially as it is not clear whether the registra has to collect the information from the Concerned Society or not. When pleaded that there is no reason for the authority to keep quite and not even acknowledge the request and also appeal and therefore the authaurities should be punished. Is there is any rule/ law/ court case at high court level which specifically states that the information has to be provided by the registrar of cooperative society. ?

[sandeepbaheti]

The definition of information u/s 2(f) includes inter alia "information relating to any private body which can be accessed by a public authority under any other law for the time being in force".
Thus the point of argument should be whether the PA can access the information and not whether the PA is bound to access such information.

[rajub]

Here three points arise.

1] Whether the information sought is "information" as defined in RTI Act.

As Sandeep said above any information held by private body that can be accessed by the public authority is "information".

But the public authority should have powers to call for that information. In your case the registrar of cooperative societies has the powers to call the information.

It is not duty of the SIC to ascertain whether PA has this power. If the PA claims that it does not have powers to call the information it must mention it in its order.

Here Registrar has not replied so it it is not his claim that he has no such powers. So SIC cannot take the stand that he has to ascertain whether Registrar has powers to call the information or not.

SIC must issue notice to the Registrar. In its reply if the Registrar says it has no powers to call the information he must cite the relevent clauses of the Act under which the Registrar has come into existence.

2] If it is established that Registrar has powers to call the information. Then second point is whether that information falls under any of the exemption clauses of the RTI Act. Here again it is the responsibilty of the society/registrar to prove the information is exempted under a particular section of the RTI Act.

3] Third point is once above two points are in your favour it is the duty of the SIC to pass orders asking the Registrar to procure the information from the society and suply it to you.

I think you argue on above lines the SIC will definitely issue notice to the Registrar.

[karira]

Moved from "New Member Introduction" section

[advocate rajesh]

Very good suggestions by Mr. Sandeep Ji and Mr.Rajendra Ji . As we are facing very difficulties in RTI we must not loss even a single day in filing appeal. and one of avery good method of filing application Just Write The copy of the application is being sent to the concerned Minister. then see the result. If the PIO's are getting active we are also supposed to be .