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Thread: What to do if PIO & AA do not accept serving of notice for Second Appeal

  1. #17
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    Name:
    NK Agarwal
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    Re: What to do if PIO & AA do not accept serving of notice for Second Appeal


    Further to my previos reply, I would like to stress that:
    The applicant should always adopt humble practice, he does not loose anything on being humble and meek. Should always follow the provisions under RTI Act-2005.
    Delay-dallying tactics if adopted by PIO or appellate authorities would be seen by the CIC or SIC's.
    The purpose is seeking information and not settling scores.
    nk agarwal



  2. #18

    Re: What to do if PIO & AA do not accept serving of notice for Second Appeal


    As far as my knowledge goes the CIC asks for a proof of despatch and not the proof of the letter getting delivered. Even if the PIO/AA refuses to accept it and returns then also the purpose is served.

    Just attach the proof of post with your second appeal to the CIC and it will be accepted.

    The purpose of RTI Act is to seek information which in turn helps in exposing the corrupt practices being adopted by the Govt. Departments.

  3. Re: What to do if PIO & AA do not accept serving of notice for Second Appeal


    Quote Originally Posted by karira View Post
    Peculiar case.

    Both PIO and AA are refusing to accept and sign in acknowledgement, the notice served for Second Appeal.

    What to do now ?
    From the replies in the thread, I note that the topic is not understood. Nor is there any proper application of mind. Maybe the original RTI Act need to be re-read with the CIC(Management) Regulations. Before anybody shoots the next question, in the absence of any matter being raised in High Court, against the CIC(Management) Regulations, its perfectly legal.

    Did the appellant / complainant ever try to approach the APIO instead? Its very well within the act, that one can approach the APIO with an appeal / complaint.

    Options available are

    i) Approach the APIO with both notices marked CPIO & AA. He cannot possibly refuse.
    ii) If APIO refuses, send both the copies addressed to the Head of the Department of the respective Public Authority clearly indicating that the APIO, CPIO & AA refused to accept the notices.
    iii) You also have an alternative to approach the APIO of another Public Authority. This can also include the APIO of the CIC's / SIC's own office as the case may be.

    Supreme Court has made it clear, that any notice sent by Regd / Speed Post or reputed courier is deemed to have been served.

    Manoj

  4. #20
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    C J Karira
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    Re: What to do if PIO & AA do not accept serving of notice for Second Appeal



    Quote Originally Posted by mpai View Post

    Options available are

    i) Approach the APIO with both notices marked CPIO & AA. He cannot possibly refuse.
    ii) If APIO refuses, send both the copies addressed to the Head of the Department of the respective Public Authority clearly indicating that the APIO, CPIO & AA refused to accept the notices.
    iii) You also have an alternative to approach the APIO of another Public Authority. This can also include the APIO of the CIC's / SIC's own office as the case may be.

    Supreme Court has made it clear, that any notice sent by Regd / Speed Post or reputed courier is deemed to have been served.

    Manoj
    Manoj,

    The applicant landed up in this peculiar situation because:

    1. There is no APIO in the PA.
    2. It is a small PA of 15 rooms with 9 CPIO's.
    3. The FAA himself is the Administrative head of the PA

    The issue was resolved with a simple cellphone with camera and voice recording built in.

  5. #21

    Re: What to do if PIO & AA do not accept serving of notice for Second Appeal


    What if the CPIO has retd or moved to a diffrnt dept. In this case, would one need to locate their new address and serve them a notice? The CPIO I filed an appeal against has already retired. However a notice was served to the new CPIO and FAA. would that suffice?

  6. #22

    Re: What to do if PIO & AA do not accept serving of notice for Second Appeal


    No, you are not required to run after any Transferred/Retired PIOs/FAAs.
    Notice to current PIO shall be sufficient.
    If necessary the Current PIO will do the needful.

    Your RTI Application and related records are not supposed to move with the Transferred/Retired PIO. They should remain with the current PIO only.
    Last edited by sidmis; 06-08-08 at 04:31 PM.

  7. Re: What to do if PIO & AA do not accept serving of notice for Second Appeal


    Quote Originally Posted by jiwateshwar View Post
    What if the CPIO has retd or moved to a diffrnt dept. In this case, would one need to locate their new address and serve them a notice? The CPIO I filed an appeal against has already retired. However a notice was served to the new CPIO and FAA. would that suffice?
    Yes it would suffice. If the CIC or the SIC as the case may be, finds sufficient cause, then it would the CPIO who has retired, who would be penalized and the amount recovered from the pension. There are several decisions to this effect.

    Manoj

  8. Re: What to do if PIO & AA do not accept serving of notice for Second Appeal


    Quote Originally Posted by karira View Post
    1. There is no APIO in the PA.
    2. It is a small PA of 15 rooms with 9 CPIO's.
    3. The FAA himself is the Administrative head of the PA

    The issue was resolved with a simple cellphone with camera and voice recording built in.
    Non appointment of APIO can lead to non-implementation of Section 4 of the RTI Act, which should have been done before October 13, 2005. You can go in for a complain to this effect. Unless is a trust or something, this cannot possibly be such a small Public Authority with just 15 rooms. Surely it should be having some attached or subordinate offices. May I ask the name of this public authority.

    Further, I do not appreciate use of camera hand sets for such purpose. It amounts to sarcasm. Let us not stoop so low. Give the department some respect.

    Manoj

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