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Thread: For Your Kind Suggestion.

  1. #9

    Re: For Your Kind Suggestion.


    Whether I should appeal to the FAA , in his Name,designation & official address ?
    OR Simply as:
    First Appellate Authority.
    Office of the ..............
    ...............................



  2. #10
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    Name:
    C J Karira
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    Re: For Your Kind Suggestion.


    The Great,

    1. Address the First Appeal to:
    Designation of Officer
    First Appellate Authority under the RTI Act 2005
    Higher Officer than the PIO
    Office of the.......

    Avoid putting individual names because just in case the particular officer gets transferred then your First Appeal will get stuck.

    2. Postal Charges are not to be paid by the applicant for supply of information.
    Since you did not ask for photocopies , but just asked for "information" (I haven't seen your application so I really do not know), the PIO should have asked you as to which pages you wanted photocopies of:

    https://cic.gov.in/CIC-Orders/Decision_03082007_30.pdf

    Accordingly, he sent a communication to the Appellant dated 9 February 2007, making a demand for Rs.320/- which included the speed post charges of Rs.40/-. While making this demand, it was obvious that the Appellant had not been asked as to which pages he wanted photocopies of. Naturally before calculating an amount it would have been appropriate on the part of the Respondents to enquire from the Appellant the pages he wanted photocopies of and accordingly calculate the amount.
    8. It was also irregular on the part of the Respondent to ask for postal charges for sending the information to the Appellant by post.
    9. Under the circumstances, the Commission directs the Respondents to provide all the information asked for by the Appellant and provide photocopies of the pages that he requires free of cost.
    (NOTE: There was no delay but still the CIC asked for the information to be given free of cost).

    This will be the first ground for appeal.
    (Personally, I feel the above should be enough. However, if you really want to make it a tight and done case, then...)

    3. Vide my previous RTI Application Nr.....made by email on .........on the subject of........., the PIO did provide the information by email on .....vide ref....... Hence there is a a practice in your Public Authority for providing information by email, then on what basis is the PIO denying to supply me information by email ?
    Therefore, the PIO' reply to me that there is no facility to supply information by email is incorrect and misleading and when read with the other replies appears to be malafide.

    4. In case the PIO did not have malafide intentions, he could have supplied the information he wanted to supply on a CD and asked me to deposit the additional fees of Rs........ which are the charges as specified in the Orissa RTI Rules..................

    PRAYER/PLEA:

    • Instruct the CPIO in writing, to give complete information as requested in my above mentioned RTI Application. The information should be supplied Free of Charge as per the decision of CIC...........quoted above.
    • The CPIO should be instructed in writing to be aware of recent decisions of the CIC and other SIC's in India, given on important points of the RTI Act 2005 as well as visit the CIC website and other SIC websites regularly to update himself with the latest decisions of the CIC.<o></o>
    PS: Why do you want to withdraw your request for information ?
    This will show that you were also not serious when you asked for it in your application.
    If you really did not need it, you should have not asked for it.

  3. #11
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    Name:
    Col NR Kurup (Retd)
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    Re: For Your Kind Suggestion.


    I would have been in a better position to answer if I knew as to how far away is the PIO's office from your place. I put forth following views of mine:

    1, If the PIOs office is nearby, please ask for inspection of the documents. Seek copies of only those pages which you need. If you are not in a position to resort to inspection, and you find the information in a particular para is not required, please tell them that you donot need the copies of pages described in that particular page.In your reply you may add a work sheet showing the number of pages you need, its charges etc. You are not required to add postage charges.

    2. Since they clarified that they are not in a position to sent the information by e-mail, please don't press it. You will not get it that way. One can get the informtion in CD by paying the laid down charges only if the informtion you had asked for is already availble in the computer and they have the facility to burn the CD. Since they said that it isnot possible, forget the CD/e-mail aspect.
    3. The 30 days clock stops on the day the PIO had asked you to remit additional charges. His giving an ultimatum of 15 days does not mean anything,. The remaining period of 30 days will commence on the day you deposit the additional charges.

    4. Your RTI request appears giving enough opportunity to the PIO to charge so much additional charges. If I am in your position I will make a fresh application wording it suitably from the lessons learnt in such a way that the PIO does not get a chance to direct you to pay additional charges. In case you are making a fresh application, you may specifically say that you are not asking copies of the letters but only seeking certain specific information held by the PIO.
    3. After remitting the charges, the way you had worked out showing your worksheet, ensure that it is properly receipted by the PIO. On expiry of the prescribed period you should file First Appeal showing that you have remitted the charges and how you had worked it out.

  4. #12

    Re: For Your Kind Suggestion.



    Thank You Karira Sir, your guide lines will be of very much importance for me. But I could not open the cic decision pages. I will try it in the cic website.

    1. Address the First Appeal to:
    Designation of Officer
    First Appellate Authority under the RTI Act 2005
    Higher Officer than the PIO
    Office of the.......

    Avoid putting individual names because just in case the particular officer gets transferred then your First Appeal will get stuck.

    2. Postal Charges are not to be paid by the applicant for supply of information.
    Since you did not ask for photocopies , but just asked for "information" (I haven't seen your application so I really do not know), the PIO should have asked you as to which pages you wanted photocopies of:

    https://cic.gov.in/CIC-Orders/Decision_03082007_30.pdf

    Accordingly, he sent a communication to the Appellant dated 9 February 2007, making a demand for Rs.320/- which included the speed post charges of Rs.40/-. While making this demand, it was obvious that the Appellant had not been asked as to which pages he wanted photocopies of. Naturally before calculating an amount it would have been appropriate on the part of the Respondents to enquire from the Appellant the pages he wanted photocopies of and accordingly calculate the amount.
    8. It was also irregular on the part of the Respondent to ask for postal charges for sending the information to the Appellant by post.
    9. Under the circumstances, the Commission directs the Respondents to provide all the information asked for by the Appellant and provide photocopies of the pages that he requires free of cost.
    (NOTE: There was no delay but still the CIC asked for the information to be given free of cost).

    This will be the first ground for appeal.
    (Personally, I feel the above should be enough. However, if you really want to make it a tight and done case, then...)

    3. Vide my previous RTI Application Nr.....made by email on .........on the subject of........., the PIO did provide the information by email on .....vide ref....... Hence there is a a practice in your Public Authority for providing information by email, then on what basis is the PIO denying to supply me information by email ?
    Therefore, the PIO' reply to me that there is no facility to supply information by email is incorrect and misleading and when read with the other replies appears to be malafide.

    4. In case the PIO did not have malafide intentions, he could have supplied the information he wanted to supply on a CD and asked me to deposit the additional fees of Rs........ which are the charges as specified in the Orissa RTI Rules..................

    PRAYER/PLEA:


    • Instruct the CPIO in writing, to give complete information as requested in my above mentioned RTI Application. The information should be supplied Free of Charge as per the decision of CIC...........quoted above.
    • The CPIO should be instructed in writing to be aware of recent decisions of the CIC and other SIC's in India, given on important points of the RTI Act 2005 as well as visit the CIC website and other SIC websites regularly to update himself with the latest decisions of the CIC.<O></O>
    PS: Why do you want to withdraw your request for information ?
    This will show that you were also not serious when you asked for it in your application.
    If you really did not need it, you should have not asked for it.[/quote]

  5. #13

    Re: For Your Kind Suggestion.


    Thank you Karira Sir, Your information is of great value for me. But I could not open the decision of the cic. I will try it on the cic website.

  6. #14

    Re: For Your Kind Suggestion.


    Thank you Sir, for your prompt valuable replies.

  7. #15
    Posts
    44,512
    Name:
    C J Karira
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    Re: For Your Kind Suggestion.


    CIC website seems to be down for last couple of hours.
    So are the websites of many central govt. ministries.
    Please try after some time.
    Aap kaatar mein hain........

  8. #16

    Re: For Your Kind Suggestion.


    Thank You Karira Sir, I will not withdraw my self from that particular question. I am able to open the cic decision to day. The Information is actually asked in the name of my wife to my Head of the Dept. I think I will be able to represent her for physical presence before the Appllette Authority,in case necessity arises,obtaining an authorised declaration from her.....Yours, Ashok Mishra.

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