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Thread: Should I point out?

  1. Should I point out?


    As I have not received any response against my two RTI Applications dated 17-08-2007 & 21-08-2007 to the SPIO, WBPDCL within the stipulated period I made first appeals to the Chief State Information Officer, WB on date 22-09-2007 & 26-09-2007. After that I received a copy of the letter dated 11-10-2007 from the Secretary, WB Information Commission to the SPIO carrying the instruction “I am directed to request you to furnish reports on the action taken in the said two matters within a fortnight of the receipt of this letter.” Moreover I received a letter dated 18-10-2007 from the concerned SPIO which states “We are in receipt of your application dated 17-08-2007 through the Secretary, <st1>West Bengal</st1> information Commission, recently. We are in the process to put forward our reply shortly.”
    Please note that the SPIO has mentioned receipt of only one RTI Application though he has been forwarded two applications from me as well as from the Information Commission. Furthermore he has intimated to reply “shortly”. Is it necessary to address the SPIO pointing out submission of two RTI applications, not one and that the duration “shortly” should not be more than 15 days as delimited by the Commission?
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    Last edited by linardni; 23-10-07 at 06:00 PM. Reason: to delete emoticons

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


    linardni,

    Yes, better write to the SPIO and point out that you have 2 applications as well as a gentle reminder that the SIC vide letter Nr....... dated........has requested you to furninsh the said two matters within a fortnight which implies before.........

    Alternatively just sit back and see what happens...it will give you two grounds for First Appeal.

  3. Re: Should I point out?


    Hi Indranil,
    Karira is not just offering suggestions, he is preparing you to 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.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  4. Re: Should I point out?



    Quote Originally Posted by karira View Post
    linardni,

    it will give you two grounds for First Appeal.
    In fact I have received the mentioned response from the SPIO only after sending the first appeal. So do you mean that I'll have two grounds in the second appeal?
    Last edited by linardni; 23-10-07 at 09:29 PM.

  5. Re: Should I point out?


    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.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><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, <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-comffice:smarttags" /><st1lace w:st="on">West Bengal</st1lace>, 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

  6. #6
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    Col NR Kurup (Retd)
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    Re: Should I point out?


    I would have gone for First Appeal projecting the contradiction in the replies (enclosing copies of both as Exhibits) seeking the correct information. If it pertains to differeant AAs make two First Appeals enclosing both replies as proof of your plea. I like such cituations.
    Last edited by colnrkurup; 24-10-07 at 02:54 PM.

  7. Re: Should I point out?


    Inspite of receiving advice from the Secretary, WB Information Commission to the SPIO to furnish reports on the action taken regarding my two RTI Applications within a fortnight of the receipt of Commission’s letter I haven’t received any response from the SPIO after the intimation of putting forward the reply shortly.
    After the expiry of 15 days I have sent a letter to the SPIO through e-mail and FAX to send me quick intimation either through telephone or email about the advancement in processing of my application. However I received no response to that also. May I file the second appeal right now? Will it be a viable step if I write to the Minister-in-charge and Secretary of the department for necessary action before I file the second appeal?

  8. Re: Should I point out?


    Quote Originally Posted by colnrkurup View Post
    I would have gone for First Appeal projecting the contradiction in the replies (enclosing copies of both as Exhibits) seeking the correct information. If it pertains to differeant AAs make two First Appeals enclosing both replies as proof of your plea. I like such cituations.
    I agree to the extent that first appeal may be filed projecting the contradiction in the replies (eclosing copies of both as Exhibits) seeking the correct inforamtion, if the AA is same for both the SPIOs. However, if the AAs are different there is no use to file two first appeals with both the AAs. In that case, appeal can be filed directedly with the Information Commission, without filing first appeals with the different AAs. In this appeal the reasons for filing appeal directly with the Commission will have to be explained. It is pertinent to mention here that if two appeals are filed with different AAs and both passed orders in favour of the PIOs, even then the appeal has to be filed with the Commission. I would also like to add here that if a matter is related to two different States have jurisdiction of two high Courts, there is no need to file cases in both the HCs and a person can directly approach the Supreme Court. On the same analogy, the appeal can directely be filed with the Commission.

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