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Thread: Should I run around?

  1. Should I run around?


    Sir,
    I had applied for information under RTI regarding the measures taken by the police department to implement the orders of Supreme Court of India for use of loud speaker menace and to prevent noise pollution. My application in the standard format was received by the Commissioner of Police, Bangalore City alongwith Rs.10/- IPO. I have the Ack card from the post office.
    After about a week a letter was sent (with a copy marked to me) from the Office of CoP, B'lore asking the DCP, Bangalore South to look into the matter and provide me the information I had sought since the matter pertained to Blore South.
    The DCP, Blore South has again sent me a copy of letter and requested me to contact the local Information Officers in several local police stations for the information on payment of prescribed fee of Rs.2/- per page.
    I feel this is just an escapist tactic.
    Am I supposed to run around for the information or is it the responsibility of the central authority (CoP, Blore) to whom I have applied and who has the power and authority to obtain the required information and pass it on to me?
    Can I be made to go to different police stations and contact the respective Information Officers?
    The 30day deadline is nearing in this matter.
    Bhanu



  2. #2
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    C J Karira
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    Re: Should I run around?


    bhanua,

    No, you are not supposed to run around and get the information from individual PIO's of all Police Stations under Bangalore South DCP.

    First, do you belong to the area covered under Bangalore South ?
    Did you ask for information only for Bangalore South area or whole of Bangalore ?

    1. First the Bangalore Police is ONE and SINGLE Public Authority as defined under the RTI Act 2005.

    2. Secondly, only for administrative reasons and to faclitate the citizens for getting information, different PIO's have been appointed, at different Police Stations, ACP Office, DCP Office, Commissioners Office, etc.(This is as per Section 5(1) of the RTI Act:
    Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act. )

    3. Even if you address the RTI Application to a wrong PIO....let us say you sent the RTI application to the PIO in the office of Registrar of Cooperative Societies instead of Bangalore Police.....he is supposed to "transfer" your RTI application to the correct PIO in the correct PA
    to whom the information asked for closely relates to....this is as per Section 6(3) of the RTI Act:Where an application is made to a public authority requestingfor an information,—
    i.which is held by another public authority; or
    ii.the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:
    Provided that the transfer of an application pursuant to this sub section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.


    4. Therefore, irrespective of the fact whether you asked for information pertaining to just one police station, or just Bangalore South, or the whole of Bangalore, it was the duty of the first PIO in the Commissioners Office to "collect" all the information and provide it to you. This could have been done under Section 5(4) of the RTI Act:
    The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.

    Since you mention that 30 days are not yet over, please make a nice and polite letter pointing out the above points and explaining the correct position vis-a-vis the RTI Act.
    At the end of the letter mention that "as per the RTI Act 2005, the information requested by me was to be provided within 30 days of the application, that is by............(date). I therefore request you to provide me the information within the time frame as specified under the RTI Act in order to avoid unneccessary appeals."
    This letter is to be sent to ALL the people who have written to you and for good measure mark a copy to the PIO Commissioner Office, PIO in DCP Office Bangalore South as well as The Commissioner and the DCP himself. All CC's should be clearly mentioned at the bottom of the letter and get acknowledgement for all the copies from everyone so that no one can say in future that they were not in the loop.

    In case 30 days are already over, please file for the First Appeal straightaway, citing the above deficiencies in the handling of your RTI application. The First Appeal should be filed with the Higher Officer to the PIO in the Police Commissioners' Office, since that was the first place where you filed your RTI Application.

    You also have the option of lodging a direct COMPLAINT (not a appeal !), to the Karnataka SIC under Section 18(1) of the RTI Act.

    There are several decisions of the CIC supporting what I have said above, but no point in citing those because this case is very clear.
    Last edited by karira; 22-10-07 at 02:21 PM. Reason: correct the formatting...but unsuccessful

  3. #3
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    Re: Should I run around?


    Sorry, I forgot to add that the Fee of Rs. 2.00 per page is only chargeable if you are taking/asking for photocopies.
    If you are just asking for ordinary information, no fee is payable except for the initial Application Fee of Rs 10.00, which I presume you have already paid.

  4. Re: Should I run around?



    very detailed and studied reply from KARIRA. On completion of 30 days from the date of receipt of RTI application by the first PIO, First Appeal should be filed.

  5. Re: Should I run around?


    Dear Sri. Karira,
    Thank you very much for the enlightening response to my query. I shall follow your instructions.
    I will also keep the forum posted on the progress in this matter.
    Bhanu

  6. Re: Should I run around?


    i am planning to file an rti regarding the noise levels in Bangalore especially during festival times as a result of use of loud speakers and crackers bursting late into the night. When i complained to the commissioner about it he said permissions are given to any such functions that happen. How many such permissions can the department write out ? If they are going to give permissions that flout the KSPCB law then why even have the law ? The number of public functions (and the nuisance therefore) that happens through the months of august-december is crazy and all of them seem to get permission from the police with ease !!



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