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Thread: Proactive disclosure under section 4 of RTI Act 2005

  1. #9
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    C J Karira
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    Re: Proactive disclosure under section 4 of RTI Act 2005


    abhijeet,

    Thanks for bringing this up !

    Section 4(1)(d) is avery important part of Section 4 and has been overlooked by many citizens.

    There have been many arguments on this forum about the possibility of asking for "reasons" and everyone seemed to agree that you cannot ask for reasons. Then the discussion went to the "correct" framing of the application so that the applicant can know the "reasons".

    In ALL my cases where I have wanted to know "reasons" I have used Section 4(1)(d). ALL PIO's have told me that they had never been approached by anyone using this section....in fact a few PIO's frankly told me that they were not even aware of that section because they (like all of us) felt that Section 4 is only for the PA to proactively disclose and did not read it in depth.

    Please ask your friend to appeal to the First AA.

    I had kept quiet all this time with this "information" waiting for the right occassion to come up and highlight it on the forum.

    All members are requested to note that if you are the person affected by a administrative decision or a quasi-judicial decision of a PA, just make a one line RTI application to the PIO:

    "Under Section 4(1)(d) of the RTI Act, please inform me the reasons for your.....................decision in regard to................."

    I have used it 6 times till now (personally and helping others) and each time I have been able to get the PA to "reverse" its decision...obviously because the decision was wrong in the first place.....however none of the applications were replied to....but the purpose was achieved.

    Please read the act again and again and again and again and again........each time you will find a nugget buried deep inside, which you either never noticed before or can find "new" uses for that bit in the act.


    Last edited by karira; 25-11-07 at 11:32 AM. Reason: punctuation

  2. Re: Proactive disclosure under section 4 of RTI Act 2005


    Quote Originally Posted by karira View Post
    abhijeet,

    Please read the act again and again and again and again and again........each time you will find a nugget buried deep inside, which you either never noticed before or can find "new" uses for that bit in the act.
    Thanks for this very practical suggestion.

  3. Re: Proactive disclosure under section 4 of RTI Act 2005


    Thank you all for taking interest in the point raised by me regarding section 4(1) (d).
    As Karira suggested to go for 1st appeal, but there lies a peculier difficulty, as the reporting SPIO is a Senior officer than the 1st AA, so there is no possibility of any proper response from him. This is my experience , attending 3 previous appeals in this Dept. So should I go for complaining as per 18 (e) to the SIC ? ---- Abhijeet

  4. Re: Proactive disclosure under section 4 of RTI Act 2005



    Thank you all for taking keen interest in my above raised discussion. i had submitted a few application as per 4(1d) , but the result were not at all encouraging. SPIO is very much reluctant to expose the corrupt activities of his colieague. As suggested by Mr Karira I may submit 1st Appeal, but the point is in this Dept the concerned SPIO is Senior to the AA, in this peculier situation, should I go on complaining to the SIC (Section 18 e? )-Abhijeet

  5. Re: Proactive disclosure under section 4 of RTI Act 2005


    Quote Originally Posted by abhijeet View Post
    Thank you all for taking interest in the point raised by me regarding section 4(1) (d).
    As Karira suggested to go for 1st appeal, but there lies a peculier difficulty, as the reporting SPIO is a Senior officer than the 1st AA, so there is no possibility of any proper response from him. This is my experience , attending 3 previous appeals in this Dept. So should I go for complaining as per 18 (e) to the SIC ? ---- Abhijeet
    The AA can not be a junior officer than the SPIO. If this is the case, you need to challenge the appointment / designation of the AA. In such circumstances, you need not to file the first appeal with the AA and you can file the appeal directly with the SIC. Please note that you must also mention in your appeal that the AA is junior to the PIO and hence you are filing appeal with the commission directly. In the relief portion also, you shoul pray for direction that the present AA should be removed and new AA should be appointed.

  6. Re: Proactive disclosure under section 4 of RTI Act 2005


    Dear Abhijeet.
    In this regard kindly also see my thread:
    The o/o Advocate General directed to re-designate PIO and AA<!-- google_ad_section_end --> .

  7. #15

    Re: Proactive disclosure under section 4 of RTI Act 2005


    Dear Karira,
    You emphasized to use section 4(1)(d). I am sorry to say that public authorities are not supplying the supporting rules regulations which was used to discharge the function. CIC and public authorities are allowing the information which is availbale with public authorities. If any public authorities has been done something wrong he is unable to provide rules and regulations and non of is supporting. The day we will be in position to ask reason of action and CIC will support to provide the reason the day will be first step of "Ram Rajya"

  8. #16
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    C J Karira
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    Re: Proactive disclosure under section 4 of RTI Act 2005


    Quote Originally Posted by sngupta View Post
    Dear Karira,
    You emphasized to use section 4(1)(d). I am sorry to say that public authorities are not supplying the supporting rules regulations which was used to discharge the function. CIC and public authorities are allowing the information which is availbale with public authorities. If any public authorities has been done something wrong he is unable to provide rules and regulations and non of is supporting. The day we will be in position to ask reason of action and CIC will support to provide the reason the day will be first step of "Ram Rajya"
    Sorry, I cannot understand clearly.
    Section 4(1)(d) is very clear and there is little or no scope for the PIO or the "concerned" officer to deny the reasons.
    Can you please give a specific case or example ?
    Last edited by karira; 25-11-07 at 09:21 PM.

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