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Thread: Strange request by CPIO

  1. #1

    Strange request by CPIO


    Hello Forum,

    Replying to my queries on Sec(4) implementation the CPIO has asked me to write a consent letter that I shall Pay the fees.

    Is it required on part of the CPIO to ask for such a written commitment?

    Kindly guide me on this.

    Sidharth

    Excerpts from CPIOs Reply:
    ---------------------------------------------------------------------
    7. Inspection :-
    Regarding inspection of records, your proposal is cordially accepted.
    The date of inspection and venue will be intimated after receipt of a letter as to your consent on the following.

    That you will be agree to pay the fees for inspection of records at the following rates.

    "No fee for the first one hour : and a fee of Rs. Five for each fifteen minutes (or fraction thereof) thereafter".

    Strangely enough there is no mention of any appeal procedure in the reply.



  2. #2

    Re: Strange request by CPIO


    Incidentally this is the same CPIO who also asked for Citizenship Proof to my friend Debadutt on his RTI Query some days back.

    see this post below.
    https://www.rtiindia.org/forum/867-30....html#post9904


    Sidharth

  3. #3
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    Re: Strange request by CPIO


    1. Details of AA must be informed by the PIO:

    https://cic.gov.in/CIC-Orders/Decision_31102006_2.pdf

    PIO did not give details of the AA. AA's office also mishandled the First Appeal.
    Compensation awarded to the applicant....to be shared by PIO and FAA.

    https://cic.gov.in/CIC-Orders/Decision_28052007_24.pdf

    PIO must indicate the name and address of the FAA

    https://cic.gov.in/CIC-Orders/Decision_05122007_02.pdf

    It is also correct that in responses to those similar applications, regarding which appellant Shri Manoj Pai has complained of inadequacy during the hearing, the name of the Appellate Authority has not been given. That in itself cannot constitute a reason for avoiding a first appeal because under Section 7 sub-section 8 of the RTI Act 2005, the particulars of the First Appellate Authority are mandated to be given only where a request has been rejected under sub sec. 1. We do, however, feel that because an applicant may not necessarily be fully satisfied with the information provided initially, it is advisable for Public Information Officers always to give the name and address of the First Appellate Authority, should the applicant wish to avail of the first Appeal.

    2. Consent for payment of further fees:
    Personally, I think that the PIO has some poor experience in the past when a applicant did not turn up for paying further fees and that is why he is asking for your consent.
    It could also be a delaying tactic.
    Normally, in my applications, I always add th following:
    "I agree to pay any further charges as decided by the PIO and communicated to me in writing with a reasoned order along with the details of the calculations to arrive at the further charges being asked by the PIO."

  4. #4

    Re: Strange request by CPIO



    Personally, I think that the PIO has some poor experience in the past when a applicant did not turn up for paying further fees and that is why he is asking for your consent.
    Liability to pay fees comes only when the inspection extends beyond First Hour. In that case the CPIO can insist upon payment of fees.

    "I agree to pay any further charges as decided....
    This is very good disclaimer.
    A Lesson Learnt.
    I shall incorporate the same in all my future RTI application.

    Sidharth



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