Section 7(6) comes into play if the 30 days (or the 30 + 5 days) period is over.
LOL Karira, you have failed to mention Col. Kurup as well. In fact Col. sahib has vide his own post time stamped 09-07-2007 08:05 AM has only rephrased his comments to agree to what I had earlier posted.
Looks like he followed the Dominoâ€™s Pizza "30 minutes or it's free" policy.
Now here is yet another exercise for some of our Young RTI Turks to ponder over.
What if the CPIO returns your RTI Application in original along with the application fees paid and the AA / CIC directs the CPIO to provide the info?
This is readlly a brain-stormer. In case I have to deal with such a case my line of arguement will be as follows:
1. It is immaterial as to what the CPIO has done with my application. As for as I am (I mean the applicant) concerned I have competently filed my RTI application. i.e., applied for information accompanying the prescribed fees. The time-clock started when the CPIO has receipted my application.
2. He is duty bound to take actions as stipulated in Section 6. His action of returing does not have any place in Section 6 and naturally willbe ignored.
3. Since there is no provision for returning the application with the fees, he has no choice other than furnishing a reply.
4. In this case I will defenitely file a First Appeal under Section 19(1) for malafidely denying the information on expiry of the prescribed period from the date of receipt of my application by CPIO.
5. In my style of functioning, I will not mention in the appeal that he has returned the fee or returned the application. Let the CPIO say that in his defence and I am not responsible to provide him materials for his defence.. As for as I am concerned he has receipted my application accompanied by the prescribed fees and is deemed to have been refused the information on expiry of the prescribed period. That is good enough. When the AA or CIC order him to provide me the information I am not required to pay anything as the CPIO neither provided me the informtion within 30 days nor asked me to deposit additional fees before the expiry of the prescribed period.
It is another matter that PA 1 transferred a part of your application to PA 2.
You need to attach only the same proof of fees to the 2nd Appeal against PA 2 and the Complaint against PA 1. Explain clearly in your Second Appeal against PA 2 , the complete sequence of events under "Facts leading to this Second Appeal" so that there is no confusion in the CIC/SIC registry.
Siddharth,you yourself have clearly designated the PIOs as Regulator(1) and Service Provider(2) in accordance with Sec6(3) . It is the regulator who de- facto is the coordinator . In any case ,there is no provision in RTI Act to pay application fee to more than one PIO for one application.
if one had submitted the rti application along with indian postal order of rs.10 by speed post but pf office replied saying that there is no ipo in my application and hence they cannot provide info.
what do we do in such cases when the pf office can tear and throw the ipo. they reply after more than 35 days that there is no ipo so no reply canbe given.