Page 3 of 3 FirstFirst 123
Results 17 to 24 of 24

Thread: deficient application, can the PIO reject it!


  1. yes, it is an order that Postal department will act on behalf of all central government ministries.

    With the coming into force in toto of the Right to Information Act, 2005 on 12th October, 2005, the Department of Posts has the responsibility to implement the Act in its own domain and also to assist other public authorities under the Central Government including Ministries, Departments, PSUs, Autonomous Bodies etc. in its implementation by acting as CAPIOs on their behalf. While its role in its implementation in the Department stems directly from the provisions of the Act, the latter role, and perhaps the more demanding one, arises out of a decision taken by the Prime Minister of India that the Department of Posts should provide its services to the whole of Central Government as a collection point for request for information under the Act by designating its CAPIOs as CAPIOs for the entire Central Government
    CONTENTS




  2. Thank you Aparna,
    I guess Kushal is doing a good job on behalf of his department

  3. #19

    Re: deficient application, can the PIO reject it!


    As per my knowledge a PIO should extend all resonable assistance to the citizen to get the Information Sectio 6 of RTI act and information can be denied only due to reasons mentioned in section 8 and 9 of the act.
    If a querry is rejected for any other reason I think it tantamounts to denial of information and can be appealed for a disciplinary action against the CPIO and fine can be imposed at Rs250/- per day.

  4. #20

    Re: deficient application, can the PIO reject it!



    I learnt from experience &CIC decisions thatPIO's rejection is valid if RTI application does not indicate exactly what information is to be supplied.To verify , pl read the CIC's various decisions.

  5. #21

    Quote Originally Posted by babloo View Post
    Anu why would anyone knowingly want to to apply to the information officer in a deficient manner?
    Babloo,
    In my case it has happened. I did not post it knowingly. In my application I wrote in point 9 to inform me the mode of payment of fees AND was not paid. When I appealed to FAA Pio replied as fees was not receuved your application was not registered hence your RTI query was not attended and FAA too given descisioin in that line.
    As per RTI ACT Section 5.3 Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
    SO as PER ME THE PIO SHOULD ASK FOR CLARIFICATION. IF HE IS NOTDOING, HE IS NOT ACTING AS PER SECTION 5.3

    Quote Originally Posted by anu View Post
    If I submit an application for information, but is deficient in asking or incomplete, should the information Officer call for better particulars or can he straight way reject the application?
    Anu He should not reject, as per

    section 5.3 Every Central Public Information officer or state information officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the person seeking such information.
    Hence as per me CPIO/ SIC or PIO should not reject it as it will be deemed refusal.
    Last edited by ganpat1956; 15-08-08 at 08:38 PM.

  6. Re: deficient application, can the PIO reject it!


    anu,

    actually the PIO has saved your time, now you are free to file your complaint directly to the commission without actually bothering for the 1st appeal.

  7. #23

    Re: deficient application, can the PIO reject it!


    I had already appealed it to CIC. Let me wait for the decision of CIC. As per me too my application should not be rejected under section 5.3. As RTI is pro citizen act my application is a query and if at all it is deficient a PIO has to assist me if at all there is a fault. In my case he has not assisted rather he is ignorant about the section 5.3 and FAA also has not dealt with section 5.3 of the act.

  8. Re: deficient application, can the PIO reject it!


    A person asking the information has asked the information for some motive purpose and bring the rti act was only to be transpirent with the public on the working of public authority except few exemptions as envisaged in the act. In view of this it will not be nice to reject the application straight way at least one effort should be made to sought the details from the applicant.

Page 3 of 3 FirstFirst 123

Tags for this Thread



About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook RSS Feed Apple App Store Google Play for Android