CIC decision against PIO passing personal comments against the RTI applicant

[Avani_activist]

Dear fellow members,



A CPIO has termed an RTI Applicant as seeking information with "oblique motive" when CIC in various decisions has given the same information to many more applicants and this applicant had even cited the same. Since matter is pertaining to false dowry case against the applicant, it is critical for the falsely acused applicant. CPIO seems to have strongly connived with the third party and not just not providing the info but infact he is also passing personal comments against the senior citizen woman applicant. Do we have some CIC decisions where PIO was fined / penalized for passing personal remarks on applicant ?


Any help with this would be appreciated ... thanks !

[karira]

Sponsorer

Don't get into these types of issues with the PIO.
Just stick to and concentrate on your objective of getting "information" that you are seeking.

If you are nor satisfied with the PIOs reply, file a first appeal citing those CIC decisions that you know of.
Ask for a personal hearing during first appeal and appear in person to argue your case. That will dramatically increase you chances of getting information.
During the hearing and depending on how it is going, you can always mention to the FAA about the type of language used by the PIO and his casting aspertions on you. This you can do provided he has put that in writing. If it was verbal, you do not have enough proof !

[Avani_activist]

Yes, he has made the remarks in writing .. The First Appellate Authority of the same department (in a previous RTI) had also done similar acts. They have tried their best to not give the sought information. Even mentioning that in first appeal would not help as the same happened in the past also when they rejected an RTI and even asked the applicant to ask for the information in a different manner (according to CIC judgements cited) ... mentioning that if the applicant asks accordingly, it would be provided.

Now when it was asked as per CIC judgements (second RTI by the same applicant), they have given very abusive reply and still not provided sought info. Now the matter will go back to the First Appellate Authority who is also the same (have experienced a previous first appeal with him).

I have appeared for First Appeal hearing in-person and realized that the public authority is hands in gloove with our powerful opponent. Even if he is not providing information (though as per 3 CIC rulings cited by the applicant, it has to be provided), he should not be allowed to give such insane comments against the RTI Applicant just to please the third party who they are conniving with. I am sure that lot of bribery is involved here as the third party has a possibility of being exposed in the matter of a major fraud played upon the applicant as well as her family and so they are all trying their best to deprive the applicant of the info which has been EXACTLY provided to MANY applicants in the past even by CIC.

[karira]

Then you have no other choice but to file a first appeal and then second appeal and let CIC decide the matter in your favour.

[jetley]

To counter the intimidating tactics, you can take (with prior intimation to FAA) one or two respectable citizen along with you as a helper, when you attend hearings, and they can serve as witnesses, in case you need to lodge a complainant with the Head of Department or SIC/CIC about the PIO-FAA's behaviour.

Also, you can locate and download Circular no. RTI-2007-457297(Goi)-RTIcell of GAD, Sachivalay, Gandhinagar dated 16-7-2008 from website of General Administration Department, Gujarat Govt., that refers to GoI, DOPT OM No. 4/9/2008-IR dt. 24-6-2008 that specifically deals with guidelines for cordial behaviour to be done with RTI applicants, and you can lodge complaint with GAD and SIC on basis of violation of this circular. For some technical reason, I am unable to attach this circular with this post, and can send it to u by e-mail if you give me ur mail id on pm