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Thread: Right to Life And Liberty Clause

  1. #17
    Posts
    72
    Name:
    Gurkirat Singh Dhillon
    Rep Power
    10

    Re: Right to Life And Liberty Clause


    And since i live in Patiala and the Punjab SIC is in Chandigarh ,

    should i send my compliant by speed post or try nd meet CIC in person

    with my compliant ?

    If i send it by speed post would it dilute my compliant in any manner?

    Ofcourse, the smart thing to do is to send it by speed post, making sure

    that the time of speed post is after office hours on the day 48 hour period

    expires.

    That is possible in every major city where there is a speed post centre and

    articles for speed post are accepted till around 7PM and all night in metros.

    By this , i will tell the CIC that i waited till office hours to receive reply

    and when i didnt get it , i filed compliant through speed post immediately

    since it could be received by him only the next day and speed post delivers

    next day .



  2. Re: Right to Life And Liberty Clause


    Do whichever you are convenient with. The mode of submission of complaint will have no bearing on the facts of the case. The commissioner who hears the complaint will, in all probabilities, never know or would want to know how you submitted the complaint.
    In case you are going personally, you need to submit your complaint in the registry and not to the CIC.

  3. #19
    Posts
    72
    Name:
    Gurkirat Singh Dhillon
    Rep Power
    10

    Re: Right to Life And Liberty Clause


    What i meant is that when i am invoking the 'Life and liberty' clause

    do my actions needs to also showcase the urgency of the matter ?

    Say, if i dont file compliant on the day the 48 hr deadline expires or mayb

    next 2 days,wouldnt the concerned PIO be able to argue that my actions

    differ from my written submissions and that could weaken my case ?

  4. Re: Right to Life And Liberty Clause



    Send the complaint by speed post. If things in Punjab SIC are similar to those in CIC, you will need to regularly follow up with the SIC staff to ensure that your complaint is heard on an urgent basis.

  5. #21

    Re: Right to Life And Liberty Clause


    As the fundamental rights incorporated in part III of the constitution ,(the article 21 )the right to freedom includes right to protection of life and personal liberty.that means every citizen of india have a constitutional protection of his dignity.and same is insured in the section 7(1) of the RTI.
    thus I think that it is your right to file an appeal with appelate authority after the expiery of 48 hours.

  6. #22

    Re: relationship between rti & constitution


    Hi everybody,
    This is my first post, so please excuse me and remind me if I break any rule or heart.

    Excellent explanation by ganpat1956.

    May I request esteemed members to help me regarding "Life and liberty" clause in a peculiar situation I am facing as part of my official duty?
    Sorry for a long story.

    I am a government doctor in a jail. I referred an undertrial prisoner with heart ailment to a private hospital in emergency situation due to following reasons.
    1. The prisoner is a retired government employee
    2. Prisoner is already under treatment for heart disease in that hospital
    3.The hospital is approved by respective state government for treatment purpose for all employees (incl. retired)
    4. There is a provision in Jail Manual to allow a prisoner to get treatment by an outside specialist approved by jail doctor at their own expense.

    The patient was sent to the pvt. hospital and later on I was called to explain in writing by jail admin. as to why I referred the patient to a pvt. hospital. I explained all the above points in writing, to which jail admin persecuted me showing doctored and unsigned photocopy contrary to 4th point.

    Can I file RTI to get attested p/c of said provision or any contrary notification under "Life" (of any future emergency patient) or "Liberty" (of a government servant).

    Please help.

  7. #23

    Re: relationship between rti & constitution


    Quote Originally Posted by aidniitr View Post
    The patient was sent to the pvt. hospital and later on I was called to explain in writing by jail admin. as to why I referred the patient to a pvt. hospital. I explained all the above points in writing, to which jail admin persecuted me showing doctored and unsigned photocopy contrary to 4th point.

    Can I file RTI to get attested p/c of said provision or any contrary notification under "Life" (of any future emergency patient) or "Liberty" (of a government servant).

    Please help.
    (1). Definetly you can seek the information, if not in 48hours, you are entitled for the same in 30 days.

    (2). Since your in anticipation of fututre emergency, you may not entitled for 48 hrs provison.

    (3). The life and Liberty is applicable if the person is in imminent threat and not the who is likely in future under threat.

    (4). ultimately issue to be decided by PIO , you can seek info in 48hrs, the PIO may help i giving the info, if it is available on record.

  8. #24

    Question About LIFE & LIBERTY


    Genrally, What are the situations or called LIFE & LIBERTY to get answers with in 48 hours. Likewise, if the Public Information Officer is failed to give answer within 48 hours excluding the postal dealy after receipt of RTI application, what will be 1 appeal time frame?

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