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  1. #9
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    Re: Should I point out?


    Dear linardni
    From your posts, it appears that you filed the first appeal directly with the Commission and not with the AA. If that is the case then you must file the first appeal with the AA immediately.


    › Find content similar to: Should I point out?


    Last edited by vashisthvivek; 01-11-07 at 09:48 PM. Reason: typing mistake

  2. #10
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    C J Karira
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    Re: Should I point out?


    Quote Originally Posted by abhijeet View Post
    use RTI like playing a game of chess, always looking at the possible future moves. At this rate, you will soon start enjoying the use of RTI Act like Karira does now.fficeffice" /><o>></o>>
    <o>> </o>>
    It is exactly like playing a game of chess, but the difference is that we have to wait much longer period of time for the next move. In one case I had received different reply from two different sections of the Co operation Department, ffice:smarttags" /><st1>lace w:st="on">West Bengal</st1>lace>, on the same query. Now I am waiting for the next move, only thing how it would be utilized. Should I simply ask which one is correct or request once again to furnish the correct information. It was related with illegal construction of buildings. One office had intimated that Minister in charge had virtually stopped the ‘inquiry’ started,( It also came into the Statesman, which one was reproduced by Ganapatji) whereas other informed that inquiry has not stopped by anybody. But progress of the enquiry ‘could not be ascertained’

    Abhijeet
    I had a very similar experience with a PA.
    In a response to a normal querry from another PA, this particular PA replied (through a Junior Officer) and gave some information.
    In response to my RTI Application, the PA gave a different answer (which I felt was the correct one).
    I put in another NEW RTI Application attaching the copies of both the contradictory replies and simply asking 3 pieces of information:

    1. Which of the two pieces of information is correct and which is wrong ?
    2. If there are any departmental rules to act against a officer who gives
    incorrect information, under ordinary circumstances, to another
    Government department ? If yes, Please give a copy of the rules ?
    3. Has the PA taken any action (departmental or otherwise) against those
    officers or staff who are responsible for such gross negligence of
    their work ?
    If yes, what action has been taken ?
    If no, why is the action not taken and by when will action be taken ?

    That did the trick. The PA wrote to the other PA and withdrew the earlier communication and gave the correct information.

  3. #11
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    Re: Should I point out?


    linardni,

    The correct procedure is:

    1. RTI Application...
    2. First Appeal OR Direct Complaint to SIC in case of no response
    3. Second Appeal to SIC

    In your case, it seems that you directly made a complaint to the WBSIC on not receiving any reply from the PIO. That is why, the WBSIC has sent a communication to the PIO asking him to reply and take action within a 15 days.

    Please read the following post and follow the same route as suggested to Abhijeet:

    http://www.rtiindia.org/forum/1845-d....html#post6750

  4. #12
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    Col NR Kurup (Retd)
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    Re: Should I point out?



    Following the Supreme/High court practice may not be of much help in RTI cases as the Judges of RTI cases may not be of their calibre and maynot be aware of the Supreme/High Court judgements on different issues. I fully agree that it is like a game of chess. The PIO/AA may not be able to grasp as to where the appellant intend to use the information if given. One should be able to get different informations on same issue and confront the PAs with the contradictions exactly as stated above. This is how corruption is expossed. The PIOs are afraid of only such exploitations which is the glory of the RTI Act.

  5. #13
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    Re: Should I point out?


    There is no harm in following the Supreme Court / High court practice if this is beneficial for the concerned person. If the first appeals are filed with the different AAs and both the AAs upheld the version of their PIOs, even then the Commission will have to be approached. It is better to skip the AAs by following SC/HC practice and save time by approaching the Commission directly. Since the penalty cannot be imposed to the AAs, therefore, no useful purpose will be served by roping in the AAs also. Moreover, the AAs are not authorised to impose the penalties and the applicant can request the Commission to impose penalty to the PIO, who has provided a wrong information.
    Secondly, it will be difficult for the applicant to prove in the first appeal that the PIO has provided wrong information as PIOs will be presenting themselves before the different AAs. However, in case of Commission, both the PIOs will be called together and the onus of proving that the information was correct will be on the PIOs. Let the PIOs fight their case in front of Commission and you enjoy it.

  6. #14
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    Re: Should I point out?


    Quote Originally Posted by karira View Post
    The correct procedure is:

    1. RTI Application...
    2. First Appeal OR Direct Complaint to SIC in case of no response
    3. Second Appeal to SIC

    Dear Karira Sir,
    Due to misinterpretation of the Act, I've made the application of First Appeal bearing the subject "First Appeal under RTI Act 2005" to The Chief State Information Officer (WB).
    Will it be considered as a complaint or First Appeal?

  7. #15
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    Re: Should I point out?


    I believe it should not be considered as complaint as there is no provision of complain under RTI.

    SIC should have forwarded to correct address but i doubt there have the detail address of all First Appeal Authority with the SIC.

  8. #16
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    Re: Should I point out?


    Quote Originally Posted by maneesh View Post
    I believe it should not be considered as complaint as there is no provision of complain under RTI.

    SIC should have forwarded to correct address but i doubt there have the detail address of all First Appeal Authority with the SIC.
    There is a provision of complaint under S.18 of the Act. Moreover, the SIC have the directory of all the Public Authorities and their PIOs/APIOs and AAs.

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