I would like to know if an applicant can be compelled to write an application under RTI in prescribed format? and if yes, under which provision of act? can postal order as fees be refused and applicant can be compelled to remit the same in the office?
also in many cases i have experienced sadly that application are not forwarded in prescribed time limit as per section 6(3) and again they are not forwarded clearly writing application is invoking RTI, which makes it teethless. could anyone suggest remedy?
also application forwarded to different authorities by PIO are replied in different manner altogether, like one sending the information and the other says that it can not be provided. please suggest the way out.
Which state are you located in ?
Was it a SPIO or a CPIO to whom you adressed your RTI application ?
No need for the application in a specific format.
Application cannot be rejected on this basis only.
Although some states have formats prescribed in rules, I have seen
many decisions of SIC's of those states allowing appeals against PIO
because he rejected application due to this reason.
2. Payment Mode for FEES:
Again depends on the State you are in.
There are different rules for each state.
Please see the following two threads:
However, the application cannot be rejected by the PIO.
Neither can he delay the information beyond 30 days on account of this
There are cases where CIC has ruled that the PIO should have returned
the mode of payment to the applicant (and informed him to correctly
remit the fees) BUT he should have continued to collect the information
and given it before 30 days, in case the fees were recieved before the
30 days were over.
As per Section 5(3) the PIO is supposed to render "reasonable assistance" to RTI applicants.
Further, Section 7(1) states that: ".......on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed......."
Therefore, nothing stops him from collecting the information and provide it to you after you remit the fee by the correct mode of payment.
3. Section 6(3):
It is obligatory for the PIO to transfer the application and also inform
you about the transfer within 5 days.
If he delays, make it one of the grounds for appeal during your First
Please read the following post for citations: http://www.rtiindia.org/forum/1288-l....html#post4477
4. Different PIO's give different replies:
Perfect case for "misleading" reply under Section 18(1)(e).
Maybe, you can also attribute "malafide" intentions of the PIO,
if you smell something fishy.
This can be another ground for appeal uring your First Appeal.
If you come across item 3, please put the following in your "plea" or "prayer", in the First Appeal:
"The PIO may be instructed to strictly adhere to time limits as specified in Section 6(3) of the RTI Act and also respect, observe and follow the letter and spirit of Section 6(3). Please enquire into this matter and if the PIO is found to be habitually doing the same in more than a few cases, I request you to take appropriate action against the PIO as per service rules and regulations, for not discharging his duties properly in his official capacity"