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    How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.


    I received reply of my application under this act from Brach Manager (capio) LIC that the required documents have been sent to higher public authority and they are unable to provide the required information. He did not transfer my application to that higher p.a. as per provision of section 6(3) of this act within time limit and also he give me incomplete, false and misleading information about other points asked in my application.


    › Find content similar to: How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.


    Last edited by Kaushal; 28-06-07 at 09:47 AM.

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    Re: How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.


    Kaushal,

    There is no such thing as a "higher Public Authority" under the RTI Act (probably PIO was referring to "higher authority").
    There is only a Public Authority (PA).
    Irrespective of who in the PA is in possession of the documents (in this case information), the PIO is supposed to collect that information and provide to you. That is the reason why there are PIO's, in the first place.

    Has the PIO replied in writing ?

    If No, then please either go for First Appeal or directly complain to the CIC (since LIC falls under CIC jurisdiction) under Section 18 for denial of information.

    If the PIO has replied in writing, then go for first appeal on the grounds that:

    1. There is denial of information (because he says that some documents are with higher public authority)
    2. The information provided is incomplete , false and misleading
    3. Delay in transferring the application as specified in Sec. 6, 3
    (Only if he needed to transfer to some other PA in the first place.
    Maybe he was wrong and there was no need to transfer to other PA
    because the information pertained to LIC itself).

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    Re: How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.


    Hello Karira
    Thanks for your posting.
    In my post I was mean that the branch manager LIC has replied me in writing that they have sent the desired document to division and zonal office therfore unable to provide the document.he did not transfer my application there. this is violation of section 6 (3) of this act.Is this treted as deemed to denied? Can I regiter compliant to cic on this ground along with ground of providing incomplete and false informaton.
    I also want to know the procedure and format in which complaint to be made.If any fee to be sent along with complaint letter.

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    Re: How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.



    Kaushal,

    If the information you asked for is with the division and zonal office, the first PIO must either transfer your application to the PIO in that office or make the effort himself to get the information.

    I think it is better you go in for first appeal.

    The ground can be "denial" of information as well as PIO not transferring the application under Section 6(3).

    The appeal has to be made to the Higher Officer than the PIO. LIC must have designated a AA in the same office as the PIO. Please ask the PIO. The first appeal has to be made within 30 days of you getting the reply to the original application. No payment is neccessary.

    Please also see the following threads:

    http://www.rtiindia.org/forum/ask-rt...authority.html

    http://www.rtiindia.org/forum/ask-rt...formation.html

    http://www.rtiindia.org/forum/ask-rt...formation.html

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    Re: How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.


    Quote Originally Posted by Kaushal View Post
    he did not transfer my application there. this is violation of section 6 (3) of this act.Is this treted as deemed to denied? Can I regiter compliant to cic on this ground along with ground of providing incomplete and false informaton.
    There is no question of transfer of application under Section 6(3) as the information is available within the same Public Authority. The PIO is supposed to get the information from the other offices under Section 5(4) and provide it to within the prescribed time limit.

    If no information has been provided, it is to be considered as "deemed denial". If you are aware of the address and designation of the AA you may go in for the first appeal. Else, you can directly complain under Section 18 of the Act and send it to the CIC, New Delhi.

    Manoj

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    Re: How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.


    Kaushal,

    Quote Originally Posted by mpai View Post
    There is no question of transfer of application under Section 6(3) as the information is available within the same Public Authority. The PIO is supposed to get the information from the other offices under Section 5(4) and provide it to within the prescribed time limit.
    Further to mpai's post quoted above, please refer to the following decision of the CIC:

    http://cic.gov.in/CIC-Orders/Decision_09102006_9.pdf

    Specifically, refer to:

    This being the same organization, it is not open to
    the PIO to ask the applicant to now approach another section of his own public authority. This information should have been obtained u/s 5(4) of the Act.

    You can cite the above decision of the CIC at the time of appeal.
    Last edited by karira; 08-07-07 at 07:53 PM.

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    Re: How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.


    I think the main aspect is not noticed. The ACPIO is not competent to furnish reply. He can only receive the application. The reply has to be furnished by the CPIO and not ACPIO. This case is as good as not furnishing the reply by CPIO and as such shall be deemed to have reused the request. Section 6 is very clear. In this case the appellant should make his First Appeal addressed to " the Appellate Authority & Divisional Manager". In case the prescribed period of one month is elapsed I suggest that he make a "Complaint under Section 18" to the CIC" within 90 days. In case that period is also over, I suggest he make a fresh application of the same case with litle bit of variation addressed to the CPIO of the Divisional Manager by remitting Rs,10/- afresh making no referene to thepast application. If I am in the position of appellant and if the period of 30 days allowed for filing the First Appealis over, I will straight awayfile a fresh application without even complaining to the CIC which is a time consuming affair and nothing stops the CICin notbringing in the limitation aspect.Of cource this is my own personal view but could be successful.

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    Re: How yo file complaint aginst CAPIO for not follow the procedure of the act and giving incomplete, false and misleading information.


    colnrkurup,

    Many thanks for pointing out about the CAPIO.
    2 months and 6 posts, but no one caught the glaring error.

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