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Thread: Delay Tactics by PIO

  1. #17

    These days, <ACRONYM title="Central Information Commission">CIC</ACRONYM> and some <ACRONYM title="State Information Commission">SIC</ACRONYM>'s, are liberally allowing Companies, Associations, Samitis, Unions, Trusts, Cooperatives, etc.... to apply under the <ACRONYM title="Right to Information">RTI</ACRONYM> Act. Please show me one instance where a <ACRONYM title="Public Information Officer">PIO</ACRONYM> has asked for proof of identity or citizenship to any of these. How did they prove it ?
    Even the CIC send out conflicting signals on these issues. I am refering to the https://www.rtiindia.org/forum/3287-c...ation-law.html post.

    Asking for Proof of Citizenship is mandatory in Orissa. You simply cannot file your RTI Application without it.


    Last edited by sidmis; 14-05-08 at 08:24 AM.

  2. #18
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    Re: Delay Tactics by PIO


    Quote Originally Posted by sidmis View Post

    Asking for Proof of Citizenship is mandatory in Orissa. You simply cannot file your RTI Application without it.
    Sidmis,

    In view of my above post #3 in this thread, how can anyone give proof of citizenship and who will decide what constitutes a proof of citizenship ?
    What are Orissa PIO's doing in this regard ?

  3. #19

    Re: Delay Tactics by PIO


    Karira,

    Asking for Proof of Citizenship is mandatory in Orissa. You simply cannot file your <ACRONYM title="Right to Information">RTI</ACRONYM> Application without it.<!-- google_ad_section_end -->
    It is Proof of Identity.

    I was a bit confused about your analogy between Proof of Identity and Proof of Citizenship.

    In case of Orissa PIOs mandatorily insisting upon proof of identity. Since the same is hardwired to the Rule Books.

    https://www.orissasoochanacommission.nic.in/rti-rule.pdf have a look at the Form A in page 5.

    PIOs in Orissa also insist upon getting Identity documents issued by Govt. agencies only saying that some proof of citizenship is required. So no identity card from Private Employer will be sufficient. Rejection will be automatic. Please see the Form 'C' in page 7 in above rules. Which says about reasons of rejection.
    Your identity is not satisfactory.
    Also have a look at other reasons of rejections.

  4. #20
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    Re: Delay Tactics by PIO



    sidmis,

    As per the Orissa RTI Rules you refer to, Sec 2(e) says:

    (e) ‘identity’ means an evidence to show the citizenship like an electoral photo
    identity card, a passport or any other document which can satisfy the
    authority about the citizenship of the person;


    It seems even the person who framed these rules is confused about "identity" and "citizenship" !

    Further, as per Sec 4(2), the PIO will only acknowledge the application if he is satisfied with the applicants "identity"
    Form A asks for "identity" in item 4
    Form C rejects application because of "not satisfactory identity" in iii)

    Sidmis, if you want to go all the way, look for below 17 year old in your family or neighborhood who:

    - Does not have a passport
    - Does not have a driving licence (below 18 years)
    - Does not have a voter id card (below 18 years - not allowed to vote)
    - Does not have a ration card

    Ask him to file a RTI application with the education department or youth affairs or sports department or any PA where he can show some "interest" or "linkage".
    Let the PIO reject the application.
    Complain to SIC under Sec 18 about this peculiarity.
    Simultaneously create ruckus over this , just like Karnataka activists have cornered the Government on the latest amendment of rules.

    Till then , as they say, a rule is a rule........

  5. Re: Delay Tactics by PIO


    in maharashtra i had filed many rti there is no requirement of either proof of idrntity or proof of citizenship

  6. Re: Delay Tactics by PIO


    I have filed a complaint to CIC under section 18 (1) (b).
    I sent five copies by speedpost and asked for an acknowledgement but have not received anything. Can one track the complaints on internet. Does the CIC respond to e-mails - please could someone tell me the e-mail id of CIC and CIC secretariat where I can enquire about my complaint. I wonder how long it will take for the matter to be heard.
    Meanwhile I have also sent identity proof to the CPIO but have not heard from him since. I think he is not inclined to give me the information. What do I do?

  7. #23
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    Re: Delay Tactics by PIO


    Quote Originally Posted by infogirl View Post
    I have filed a complaint to CIC under section 18 (1) (b).
    I sent five copies by speedpost and asked for an acknowledgement but have not received anything. Can one track the complaints on internet. Does the CIC respond to e-mails - please could someone tell me the e-mail id of CIC and CIC secretariat where I can enquire about my complaint. I wonder how long it will take for the matter to be heard.
    Meanwhile I have also sent identity proof to the CPIO but have not heard from him since. I think he is not inclined to give me the information. What do I do?
    1. Your complaint / second appeal to the CIC has to be as per the
    CIC Management Regulations 2007, which are available here:

    https://www.rtiindia.org/forum/1089-c...ns-2007-a.html

    Just recheck if all that you have done is as per these guidelines.

    2. After you complaint is registered by the CIC registry, they will allot a complaint number or a case number to it and inform you accordingly. Once you have the complaint number you can visit the CIC website: CIC to check the status of the case.

    3. email id's of CIC are also available at the CIC website, as indicated above.

    4. Present backlog is of 10 to 12 months.

  8. #24

    Re: Delay Tactics by PIO


    Hello InfoGirl,

    You can always seek compensation from the Public Authority for the delay. So don't forget to ask for compensation. But you have to justify the same.

    Please see para 21 of the Central Information Commission (Management) Regulations, 2007 referred by Karira above.

    21.Award of costs by the Commission:
    The Commission may award such costs or compensation to the parties as
    it deems fit having regard to the facts and circumstances of the case.

    In the past the commission had asked the Public Authority to pay compensation to the appellant/complainants. See this post here.

    https://www.rtiindia.org/forum/3264-c...pensation.html

    Sidharth

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