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Thread: non-acceptance of RTI application at STATE BANK OF MYSORE, HEAD OFFICE

  1. #9

    Re: non-acceptance of RTI application at STATE BANK OF MYSORE, HEAD OFFICE


    'Reasonable assistance' used in Sec 5(3) of the Act quoted by you is susceptible to interpretation. Only a very liberal interpretation would mean that the PIO will accept the application without fee. The Act does not say that the fee should be accepted at any time and in any manner at any place. It goes without saying that normal procedure should be followed while remitting the fees. Following normal office procedure cannot be construed as inconsistent with the Act.



  2. #10
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    Re: non-acceptance of RTI application at STATE BANK OF MYSORE, HEAD OFFICE


    1. There are several decisions of the CIC posted earlier on the forum (I just cannot get them after a search on the forum) where CIC has ruled that PIO should have accepted the RTI application and given the reply after receiving the fees.
    One reference is:
    https://www.rtiindia.org/forum/867-30....html#post3767

    2. There are also some decisions of the CIC ordering that "normal office procedures" will not apply in case of replies to RTI Applications.

  3. Re: non-acceptance of RTI application at STATE BANK OF MYSORE, HEAD OFFICE


    karira sir,

    can you explain No.2 some what details.

    rakatkam.

  4. #12
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    Re: non-acceptance of RTI application at STATE BANK OF MYSORE, HEAD OFFICE



    rakatkam,

    1. https://cic.gov.in/CIC-Orders/Decision_07122006_4.pdf

    Therefore, the CPMG may advise all the CPIOs under her control to ensure that all the RTI applications are disposed of under their own signatures and that normal office procedure to convey decisions, is not applicable in communicating decisions under the RTI Act.”

    2. https://cic.gov.in/CIC-Orders/Decision_11042007_09.pdf

    Please read the full decision.

    3. https://www.cic.gov.in/CIC-Orders/Dec...03072006_2.pdf

    The usual office procedure has no place in the matters of RTI Act.

  5. #13
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    Re: non-acceptance of RTI application at STATE BANK OF MYSORE, HEAD OFFICE


    taurus,

    Here is a decision of the CIC asking PIO to consider a application as a valid application even though the fee was paid by a "judicial stamp" stuck on the application (rather than by BC/DD/IPO/Cash).

    https://cic.gov.in/CIC-Orders/Decision_05032007_16.pdf

    One has to go by the spirit of the RTI Act.

  6. #14

    Re: non-acceptance of RTI application at STATE BANK OF MYSORE, HEAD OFFICE


    Ofcourse the facts and circumstances of this case warranted such a decision. As is mentioned in the order, the commission accepted the contention of the PA that the applicant did not remit the fee by any of the valid modes of payment and hence they did not furnish the required info. However, taking into consideration that the applicant had no intention not remitting the fee, and also the fact that the PA failed to inform the applicant that they could not furnish the info because the fee was not paid through the valid mode, the commission directed to furnish the info. This is an exceptional circumstance. This cannot be construed to mean that the info can be furnished even if the fee is not paid.

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