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Thread: Delay Tactics by PIO

  1. Re: Delay Tactics by PIO


    Should I file a complaint or second appeal? What is the difference between a complaint and second appeal?



  2. #10
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    Col NR Kurup (Retd)
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    Re: Delay Tactics by PIO


    My suggestion for not to mention to SIC about the belated reply of PIO seeking your identity is deliberate. A complaint or even an appeal to the SiC is not likely to be settled within 3 months. Meanwhile if you innoscently send some sort of your identity establishing your cityzenship to the PIO, he will be forced to settle it within a month By the time your complaint is taken up by the SIC the PIO will not have any excuse of your not establishing your identity as he would have got another 30 days or more after you sent copy of some sort of your identity.Since the PIO and AA has not furnished any reply it has to be only Complaint under Section 18(1)(c) so that you can reserve your right to Second Appeal after the PIO furnish the reply in case you are not satisfied.

  3. #11
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    C J Karira
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    Re: Delay Tactics by PIO


    infogirl,

    Complain under Sec 18(1)(b):

    Section 18
    1.Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
    b.who has been refused access to any information requested under this Act;

    Second Appeal under Sec 19(3):

    3.A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

    Since you already made a First Appeal , you can make a Second Appeal under Section 19(3).
    You also have the option of complaining under Sec 18(1)(b)

    It really does not make a difference.
    Twitter: @cjkarira

  4. Re: Delay Tactics by PIO



    Under Section 3 of the RTI Act, the CPIO has the right to seek the identity of the applicant / citizen as the case maybe. However, looking into the above case, that already the period of 30 days had transgressed, there is certain malafide interest on the CPIO.

    The CPIO could have sent in his communication to the applicant immediately or not later than five days since the receipt of the original RTI Application. Since he had not done that, then the identity of the applicant is deemed to have been accepted.

    You may go in for a complain Under Section 18. Second appeal Under Section 19 shall not apply.

    Good luck.

  5. Re: Delay Tactics by PIO


    I invite you to refer following thread for filing second appeal or complaint with CIC. It will help you:
    http://www.rtiindia.org/guide/how-to...l-under-rti-3/
    It takes each of us to make difference for all of us.

  6. #14

    Re: Delay Tactics by PIO


    Since 19-03-2008,this thread was not being discussed,how did it become active suddenly after two months? The person,infogirl,who initiated this thread never gave any input on the query raised or on the outcome of the case. Can someone please throw somelight on how and why of this revival?

  7. #15

    Re: Delay Tactics by PIO


    Dear Sirs,
    In Orissa RTI rules, there is a provision for providing " particulars in respect identity of the applicant" The same rule might be there in Maharashtra. And there are rejection cases at orissa, for not submitting the identity proof. Though it is not required as per Act no:22 of the 2005
    Yours A.K.Mishra
    Fight for the Right.

  8. #16
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    Re: Delay Tactics by PIO


    Please read my post #3 above once again

    Proof of identity and proof of citizenship are two totally different things.

    If I am asked to prove my "identity", I can even show my ID card issued by a private company and whosoever is interested can cross verify with them. I can even show my driving licence issued in a foreign country as a proof of my identity (although I am a Indian citizen).

    Please do not confuse the two.

    RTI Act is for Indian citizens (as per Sec 3), OCI's and PIO's (Persons of Indian Origin) and therefore the PIO can (although I will always attribute malicious intent to such actions by the PIO) ask for proof of citizenship, proof of OCI, proof of PIO, etc...

    The PIO has no business to ask for "proof of identity" at the time of application.

    If the drafters of the RTI Act wanted anyone to show his identity or prove his citizenship at the time of application, they would have expressly included that in the RTI Act itself with the words..."information will be provided on payment and on proof of identity by the applicant....."

    These days, CIC and some SIC's, are liberally allowing Companies, Associations, Samitis, Unions, Trusts, Cooperatives, etc.... to apply under the RTI Act. Please show me one instance where a PIO has asked for proof of identity or citizenship to any of these. How did they prove it ?

    By the way, how many times have any of you gone to a Government office to submit a application under RTI and ask the PIO his proof of identity and for proof that he is really the PIO ? Try it and see the reaction.

    In the absence of anything specific in the RTI Act, please do not allow the PIO to get away with murder, by giving any benefit of doubt.

    opsharma,

    The thread became suddenly active since manoj just saw it today and posted in it.
    Last edited by karira; 14-05-08 at 08:11 AM.

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