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Thread: Can anyone put objection to provide the information asked under RTI

  1. Re: Can anyone put objection to provide the information asked under RTI


    Law is always above Truth

    And who else But Manoj can appreciate this better....

    Well done everyone and all of US


    Last edited by Abhinav Bohare; 23-08-07 at 10:47 PM. Reason: add

  2. Re: Can anyone put objection to provide the information asked under RTI


    Hello everybody,

    First of all i thanks all the members for their valuable suggestions..

    After a month i go a reply to my 1st appeal on below issue.. Its a 2 page history given by the Appellate auth in the sections like :
    1. Appeal hearing
    2. Analysis
    3. Order

    In the appeal hearing section, it is the entire history of the information asked along the letter nos & reply given to us.

    In the analsysis section, the appellate auth. says that ' The appellant should have been given the reply on each of the points raised by the applicant. The PIO have not applied his mind while rejecting the information'

    A surprising reply from Asst. Commissioner, BMC (Appellete Authority)

    Morever, in the order section they have written that they will seek the owner of the said hotel abt the questions asked by us, & then we will be given the information after considering his (owner of hotel) views within 15 days..

    Is the appellate auth. has passed the proper order ?

    Why they are considering his view ? Offcourse he will deny them for providing the information to us..

    Should we wait for 15 days & then put 2nd appeal to CIC ?

    Pls suggest..

    Thanks in advance.
    //Nikhil

  3. #11
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    C J Karira
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    Re: Can anyone put objection to provide the information asked under RTI


    nik_in,

    The AA does seem to have passed the correct order.
    It was the option of the PIO to ask the Hotel owner as a "third party" especially about the points 1 and 2 of your querries.
    Even now, the PIO must apply his mind and give a reasoned order in case he decides not to give you the information you asked.

    Did you see the relevant sections of the BMC act (sections 394 and 412A) ?

    Even if you haven't, you can file another RTI with the same PIO on th following lines:

    1. If Hotels and Restaurants in Maharashtra are supposed to publicly display their licences ?
    If yes, under what or which section of which act ?
    2. What type of information is to be contained in the licence ?
    3. If Hotel/restaurant called ..........located at...........has been issued a licence ?
    Since the licence is for public display and you are the issuing/controlling authority, please provide me a certified photocopy of the said licence of the abovementioned hotel/restaurant ?
    4. Please also provide me the certified copy of the application made by the owner of the hotel/restaurant mentioned above for obtaining the licence.

  4. Re: Can anyone put objection to provide the information asked under RTI



    Quote Originally Posted by nik_in View Post
    ' The appellant should have been given the reply on each of the points raised by the applicant. The PIO have not applied his mind while rejecting the information'

    Morever, in the order section they have written that they will seek the owner of the said hotel abt the questions asked by us, & then we will be given the information after considering his (owner of hotel) views within 15 days..
    Since the AA has in his quasi judicial role, already given his decision, the CPIO cannot apply the third party clause here in seeking the owner of the hotel. Even if the AA has mentioned it in his own decision, the same is not tenable for as per the rules, the respondent i.e. the CPIO cannot come up with the 3rd party clause.

    The CPIO has no option other than to give you the information immediately. Further the penalty clock has already started ticking for the CPIO with the start of the start of the 15th day.

    Manoj

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