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Thread: Can a Secretary ask for any information?

  1. #33
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    C J Karira
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    Re: Can a Secretary ask for any information?


    Kushal,

    Frankly, I am very confused about this issue.
    You once mentioned, that "the latest" prevails.
    But, in this case, one "latest" is quickly replaced by the next "latest".



  2. #34
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    Re: Can a Secretary ask for any information?


    Dear friends,
    Suppose a citizen asks for an information and adress is only as Secretary of such Union but in identification the personal identification such as voter id is there and the format used is a plain paper, In the place of signature too there is no stamps will it be taken as office bearer of an organisation or it will be treated as a citizen.
    I am of opinion that the applicant is a citizen of India and any judgement given is contrary is wrong.
    Please send your opinion.
    Hemant

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    Re: Can a Secretary ask for any information?


    As has been the precedence, it does not matter if you give in union/organization pad, the only pre-requisite seems to be that you must write your own name and sign it, irrespective of whether you have used the seal, letter pad, or any other information along with it.

  4. #36
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    Re: Can a Secretary ask for any information?



    I believe that aspect holds good. That a person indicating his name along with designation of company and asking information should be given information.

    Further the Chief Information Commissioner Order is most reasoned order.

  5. #37
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    Re: Can a Secretary ask for any information?


    Posted from other thread:

    http://www.rtiindia.org/forum/ask-rt....html#post3770


    <table class="tborder" id="post2974" align="center" border="0" cellpadding="6" cellspacing="1" width="100%"><tbody><tr><td class="alt2" style="padding: 0px;"><table border="0" cellpadding="0" cellspacing="6" width="100%"><tbody><tr><td nowrap="nowrap">karira<!-- google_ad_section_end --> <script type="text/javascript"> vbmenu_register("postmenu_2974", true); </script>
    Helpful Member

    </td> <td width="100%"> </td> <td nowrap="nowrap" valign="top"> Join Date: Mar 2007
    Posts: 483
    Rep Power: 106
    Thanks: 0
    Thanked 1 Time in 1 Post


    </td> </tr> </tbody></table> </td> </tr> <tr> <td class="alt1" id="td_post_2974"> <table border="0" cellpadding="0" cellspacing="0" width="100%"> <tbody><tr><td> <!-- google_ad_section_start -->Re: using of letter head<!-- google_ad_section_end -->
    </td> <td>permalink
    </td> </tr></tbody></table> <hr style="color: rgb(209, 209, 225);" size="1"> <!-- google_ad_section_start -->One good solution would be to apply on a letter head, but the signature should be of a person without mentioning his designation or post. This way the applicant can always claim that he has applied a s a "citizen" and that the letter head is being used only for the purpose of giving a address and number for reply.
    There is a decision of the CIC which allowed such a appeal.
    I will search for it and post it here.

    As Ganpat pointed out, better to be prudent in such matters.
    </td></tr></tbody></table>

  6. #38

    Re: Can a Secretary ask for any information?


    Here is another "latest".

    Even though in terms of RTI Act, only a citizen has the right to seek information from a public authority, this Commission has taken a view that directors of companies, partners of firms and office bearers of associations of persons could also seek information on behalf of the companies, firms and associations respectively. Therefore, the CPIO/the AA could not have rejected the application on the sole ground that a company is not a citizen.

    Decision No. 908/ICPB/2007 dated 17/09/2007 on Appeal from Mr. R.K. Morarka Vs Central Bank of India
    Last edited by ganpat1956; 21-09-07 at 11:42 PM.

  7. #39

    Re: Can a Secretary ask for any information?


    Here is the counter-point

    On the same day, the IC Prof Ansari has held that the President of an Employees Union is not a citizen u/s 3 of the Act.

    The appellant had asked for certain information on behalf of the Employees’ Union of which he is the Present. Information asked for relate to service matters.

    Under section 3 of the Act, this appeal is however not maintainable and is thus disposed of.

    (Decision No. 1245 /IC(A)/2007 dated 17/09/2007 on Appeals from Shri Harindra Tiwari Vs Airport Authority of India.)

    It is time that this matter is decided by the CIC once and for all to avoid any further conflicting views.

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    Re: Can a Secretary ask for any information?


    Quote Originally Posted by ganpat1956 View Post
    Here is the counter-point

    On the same day, the IC Prof Ansari has held that the President of an Employees Union is not a citizen u/s 3 of the Act.
    Yes, the decision of Prof. Ansari is absolutely correct. How can the President of an Union be considered as a citizen. He should have applied in his own name and address to seek the information. Besides he also made the mistake by asking "on behalf" of the members. Probably he (the President) wanted to show off.



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