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Thread: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.

  1. #17

    Re: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.


    same problem...i am unable to see the link...



  2. #18
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    Re: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.


    the judgment has already been put by Aksmat ji at following thread in General Discussions .
    https://www.rtiindia.org/forum/60601-important.html

    Otherwise I have now uploaded the file and it may appear after moderation by site managers .

  3. #19

    Re: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.


    I read it multiple times but i doubt if i have any clue or deduced anyhting...pls simplify

  4. #20
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    Re: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.



    Haryana State Information Commission had been sending the Appeal Notices by UPC Post and some of the letters in Appeals and Complaints were sent by Ordinary Post . My prayer to Hon'ble Court was that UPC should not be used for the purpose .
    The Hon'ble Court found the UPC unsatisfactory , but its use was allowed subject to the condition that if someone does not get Notice of hearing sent by UPC Post , the Commission will not dispose off the case without first making sure that the person was served by Regd Post .
    The interpretation is that service by UPC is a rebuttable presumption . In simple language , it is not pucca proof of delivery .

  5. #21
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    Re: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.


    Quote Originally Posted by sunandoghosh View Post
    I read it multiple times but i doubt if i have any clue or deduced anyhting...pls simplify
    Haryana changed its RTI Appeal Procedure Rules in 2009.

    Please see: https://www.rtiindia.org/forum/42081-...es-2009-a.html

    One of the points added was that the "Notice of Hearing" can be served by UPC.

    Hence - some of the last few posts in this thread.
    Twitter: @cjkarira

  6. #22
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    Re: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.


    Karira Sir is right in that the amended rules for Haryana contain provision for use of UPC Post . I had filed the said Petition in March 2009 when Haryana RTI rules 2005 were in force which prescribed use of only Regd Post for mailing of notices . It was during pendency of the matter that the new rules were framed and notified in December 2009 .

    Crux of the matter is that UPC should not be used if you do not want to court any controversy on the delivery front . I will put here excerpts from Judgments of Hon'ble Supreme Court on the issue which I had referred to in the petition .

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