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Thread: RTI reply from Navy: what steps need to be taken now

  1. #1

    RTI reply from Navy: what steps need to be taken now


    dear experts,

    I had sent an rti application to cpio,Indian Navy at their bombay address on 02 dec 2016,seeking the present position of an application sent to them earlier. since no reply came,I sent a first appeal to their appellate authority on 10 Jan 17 at their New Delhi address. Now I got the following reply/correspondence copy dated 06 Feb 17,which was sent by the bombay office to delhi office. the letter received today is reproduced below

    Naval Pension Office
    Bombay


    To,

    The Chief of the Naval Staff(for PIO Navy)
    new Delhi

    Information under RTI act 2005-shri.....................................

    1. Refer tonthe first appeal dated 10 jan 17 from shri.............(copy of first appeal on rti enclosed).

    2. Reply of rti application dated 08 dec 16(the date is wrongly quoted as 08 dec,instead of 02 dec 16) has already been forwarded to IHQ,MOD(Navy),Delhi vide this office letter of even number dtd o4 jan 17 (copy enclosed)


    signed by

    xxxxxxxxxx
    APIO
    for logistic officer in charge

    encl: as above

    copy to:xxxxxxxxxxxxxxxxxxxxxxx
    xxxxxxxxxxxxxxxxxxxxxxxxxx(ie me)

    Kindly advise me on the following.

    1. My rti application dated 02 dec 16(wrongly quoted as 08 dec 16) was addressed to the Navys cpio at bombay,has not been replied till date.

    2. the first appeal sent to navy's,delhi address not been replied(still time left,as my appeal date was 10 jan 17). I could not understand the meaning of this correspondence from an APIO,to me. The reply of my rti application is to be made to me.Instead,it is mentioned in para 2 of the letter,the reply is sent to Mod(ministry of defence). I havent got a copy of that reply even.

    I am totally confused.



  2. re: RTI reply from Navy: what steps need to be taken now


    These are not the orders and only communication within their office marked to you for your information and not information provided.

    Wait for another 45 days from date of filing first appeal, and if there is no response file second appeal before Central Information Commission, New Delhi stating the following:
    Grounds for Appeal: Information was neither provided nor denied within 30 days by PIO for RTI Application dt..... First appeal dt........received no response. Hence the information was treated as deemed denial of information.
    PRAYER: Appellant pray for directions to CPIO for providing the information as expeditiously as possible free of cost, and prays for penalty and recommendation for disciplinary action against CPIO who failed in performing his statutory obligation, though he is supposed to follow strict discipline as an officer in Service unlike ordinary civilian bureaucrat.

  3. #3

    Re: RTI reply from Navy: what steps need to be taken now


    you have not mentioned what exactly you wanted from Navy and in the absence of that it will be difficult to study your case. Further defence services CBI , IB are having lot of exemptions from disclosing informations.

  4. #4

    Re: RTI reply from Navy: what steps need to be taken now



    Quote Originally Posted by koteswararaonerella View Post
    you have not mentioned what exactly you wanted from Navy and in the absence of that it will be difficult to study your case. Further defence services CBI , IB are having lot of exemptions from disclosing informations.
    based on a supreme court judgment granting special pension,to a group of ex sailors,many people applied to the navy for the payment of pension. since there was no response rti applications and first appeals sent. so the information is not an exempted one under rti

  5. Re: RTI reply from Navy: what steps need to be taken now


    Pension is a property as per Indian Constitution Article 300A and as ruled by Supreme Court.
    As per CIC and HC decisions, the pension being sustenance and income is to be provided on priority basis under life and liberty clause within 48 hours as stipulated under RTI Act. No person should be deprived of the proper save under the law. This is a right to property under Indian Constitution.
    Please file first appeal bringing these constitutional violations and earlier precedents to the attention of FAA and seek directions to PIO to provide the information as expeditiously as possible free of cost.
    Also post this as grievance in both pgportal and navyportal as grievance, and any grievance must be responded within 24 hours. Bring all the past correspondence and not responding to information to the attention of grievance officer and pray for immediate directions.
    Contact your ex service men associations and submit a memorandum through mail and the irresponsible attitude of concerned officials towards their statutory obligations.
    This is all that can be done at present.
    If all the pensioners are united they can engage a competent Advocate and arrange to file a writ mandamus to be issued to concerned officials ordering them to pay the benefits as per Government orders with interest at 12%. If it is collective it carries weight and the expenses can be shared.
    Other than these approaches, nothing can be done in the issue and persistence and regular follow up is a must.
    They can not deny but there may be delay and any of the above steps certainly helps to speed up the issue and helpful to establish that you have made several efforts before coming to HC and HC is bound to pass strictures, as they are always kind to pensioners issues.

  6. #6

    Re: RTI reply from Navy: what steps need to be taken now


    Quote Originally Posted by G.L.N. Prasad View Post
    Pension is a property as per Indian Constitution Article 300A and as ruled by Supreme Court.
    As per CIC and HC decisions, the pension being sustenance and income is to be provided on priority basis under life and liberty clause within 48 hours as stipulated under RTI Act. No person should be deprived of the proper save under the law. This is a right to property under Indian Constitution.
    Please file first appeal bringing these constitutional violations and earlier precedents to the attention of FAA and seek directions to PIO to provide the information as expeditiously as possible free of cost.
    Also post this as grievance in both pgportal and navyportal as grievance, and any grievance must be responded within 24 hours. Bring all the past correspondence and not responding to information to the attention of grievance officer and pray for immediate directions.
    Contact your ex service men associations and submit a memorandum through mail and the irresponsible attitude of concerned officials towards their statutory obligations.
    This is all that can be done at present.
    If all the pensioners are united they can engage a competent Advocate and arrange to file a writ mandamus to be issued to concerned officials ordering them to pay the benefits as per Government orders with interest at 12%. If it is collective it carries weight and the expenses can be shared.
    Other than these approaches, nothing can be done in the issue and persistence and regular follow up is a must.
    They can not deny but there may be delay and any of the above steps certainly helps to speed up the issue and helpful to establish that you have made several efforts before coming to HC and HC is bound to pass strictures, as they are always kind to pensioners issues.
    thanks for your reply.

    first appeals to rti applications were already initiated by the affected members. My post was made after the same. since the granting of special pension was based on a supreme court judgment,we are approaching the supreme court shortly for implementation. However,to save the time and the inherent cost,we thought of using the rti channel,to know the authorities response to our requests.

    I had sought the opinions of the experts here to explore the remedial actions envisaged in the rti acts like,scope for any complaints to the CIC and the possibility of involving CIC on an immediate basis,because of the nature of the issues as well as the indifferent way of handling our rti applications.

  7. Re: RTI reply from Navy: what steps need to be taken now


    Do not expect any miracles through CIC and simple getting information is not a remedy, explore filing of contempt petition or even PIL if the employees can not afford legal costs.
    Now citizens whose per annum income is less than Rs.7.5 lakh can avail free legal assistance at SC. The details were made available in the forum. Hope it may work and reduce your costs.

  8. #8

    Re: RTI reply from Navy: what steps need to be taken now


    Quote Originally Posted by G.L.N. Prasad View Post
    Do not expect any miracles through CIC and simple getting information is not a remedy, explore filing of contempt petition or even PIL if the employees can not afford legal costs.
    Now citizens whose per annum income is less than Rs.7.5 lakh can avail free legal assistance at SC. The details were made available in the forum. Hope it may work and reduce your costs.
    thanks sir,

    actually,I wanted to confirm,whether,there is any scope for complaint to CIC in our issue? Or the procedure adopted by Navy,was OK,as per the rti act

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