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Thread: representation

  1. representation


    can i represent a citizen before a public authority?

    The PIO advised me that i could only be authorised to hand over documents or collect documents but not scrutinise or inspect files.

    The Goa State Chief Information Commissioner agreed with the PIO and suggested that i file the application myself

    Are there any decisions by CIC SIC on the matter



  2. Re: representation


    From your query, it is not clear regarding the purpose of your wanting to appear as a representative of another citizen before a public authority. If you could elaborate a little more, our members may be able to help you out with their suggestions.

    As regards CIC, there have been several cases where the CIC has permitted authorised representatives to represent the appellant in the course of the hearings and they same have also been duly recorded in the various decisions of the CIC.

    I suggest you to go through the following threads also which may be of some help to you.
    1. Presence of another person while inspecting document
    2. Can a lawyer be present

  3. #3
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    Re: representation


    Glenn,

    The Goa SCIC is correct in not allowing inspection of files by a representative.

    Although your case has reached the SCIC and is over, please remember that although you cannot represent the applicant, you can accompany him/her for inspection of the file under certain conditions.

    For this purpose, the applicant will have to convince the PIO as to why he needs to be accompanied by a assistant or assistants (yes, you can take more than one assistant with you !). It is upto the discretion of the PIO to allow that. However, the applicant has the option to appeal against the decision of the PIO.

    Please read the following citations of the CIC:

    http://cic.gov.in/CIC-Orders/Decision_10052007_11.pdf

    It is also noticed during the hearing that the appellant has got some eye sight problem and he requires assistance during the inspection. The appellant is directed to obtain necessary authority letter from the company concerned to permit the representative to provide assistance to the appellant.

    http://cic.gov.in/CIC-Orders/Decision_20042007_11.pdf

    The respondents also raised a question about whether the file and the documents should be allowed to be inspected by the appellant himself or by his representative or by both. In this connection, it needs to be stated that inspection of the documents by the appellant himself is the rule. However, there may be exceptional circumstances in which the appellant may be physically challenged, or may not be conversant with the language in which the information is held, or for any other disability which he might suffer, which may compromise his capacity to meaningfully inspect the documents. In such cases, the appellant may make a formal application to the CPIO, who may in his/her discretion, for reasons to be recorded, allow the appellant to be accompanied by one or more assistants for the inspection of the files and documents.

    I am sure, that we Indian Citizens are capable enough to "generate" many many excuses to justify "exceptional circumstances". But, please remain within the framework of the RTI ACT and use this only if absolutely neccessary. Don't misuse this avenue.

    The other option is to let the applicant inspect himself and take photocopies during the inspection, which he can share with you later.

    I am posting a link to this thread in several other threads on this forum with similar queries.
    Last edited by karira; 08-07-07 at 08:53 PM.

  4. Re: representation



    thanks karira.
    there were four RTI applications all related to queries about safety/accidents, in a pvt company , which can be accessed by a govt dept under the Factories act 1948.I filed a single RTI application in my name and requested for information on the 4 letters which i enclosed.
    The PIO has said that he would allow me to inspect the files

  5. Re: representation


    That is a good work Glenn. Please post us further developments after completion of your inspection of records and collection of required information.

  6. Re: representation


    I was dismissed from the services of Zuari Industries Ltd for seeking information with regard to safety/accidents inthe factory on 2.11.07 on the grounds that i was trying to bring the company into disrepute and show the company as a bad corporate citizen(even though i filed my application to represent my union leader). There was no warning or inquiry. It was brutal. I worked in the company for 25 years.I would like to meet any member of rtiindia.org. from Goa ,personally, for help to post my story on this site.
    Last edited by Shrawan; 25-02-08 at 01:00 AM. Reason: email link deleted

  7. Re: representation


    Dear Glenn, for posting of issues on social causes other than RTI, please utilise our sister site, Big Helpers.
    Defeat is not final when you fall down. It is final when you refuse to get up.

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