View Poll Results: Are we being cheated by the PIO's, who gives vague Replies

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17. This poll is closed
  • Yes

    15 88.24%
  • No

    1 5.88%
  • Can't Say

    1 5.88%
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Thread: What steps are to be taken in order to get the information, which is not available with the PIO?

  1. #17
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    Col NR Kurup (Retd)
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Exactly. If the first PIO is holding only part of the information and the remaining part is held by another PIO of a different public authority,my interpretation is that the first PIO should forward the second part to the second PIO under Section 6(3)not later than 5 days and inform the applicant. The first PIO has got 30 days from date of receipt to provide the first part of information held by him . The second PIO has 30 days from the date the first PIO forwarded /the date he received the second part For First appeal if any required,the applicant has to approach separtely the FAA of First PIO and Second PIO. However the appellant can combine both cases together for Second appeal if required. The only disputable part is that whether the second PIO can insist submission of Rs.10/- to him also. The Act is silent.



  2. #18

    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    The question of again paying application fee of Rs 10/- does not arise since it is not a fresh application but only the transfer of an original application for which payment has been made.

  3. #19
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    Col NR Kurup (Retd)
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    This is purely accademic. The Act does not debarr the second PIO from asking for additional charges. How do we justify that he cannot charge the prescribed fee also ?

  4. #20

    Re: What steps are to be taken in order to get the information, which is not available with the PIO?



    6. Disposal of application by the authorized person.
    (i) If the requested information does not fall within the jurisdiction of
    the authorized person, he shall order return of the application to
    the applicant in Form `C’ as expeditiously as possible in any case
    within 30 days from the date of receipt of the application,
    advising the applicant, wherever possible, about the authority
    concerned to whom the application should be made. The
    application fee deposited in such cases shall not be refunded.

    The above para 6(1) is an extract from High Court of Punjab and Haryana(Right to Information) Rules,2007.
    Exactly same wording you will find in Delhi High Court(Right to Information) Rules,2006 Para 4.

    So much for RTI Act Section6(3).

    There is no forwarding of application to concerned /another PIO , and to rub salt in the wound ,your application fee,which used to be Rs500/-only (Para10 of Delhi High Court Rules),is also not returned-in other words confiscated. Both these courts are also kind enough to charge Rs100/Rs50 for daring First Appeal. Highly encouraging and helpful to seek information from these courts .
    Last edited by opsharma; 24-07-08 at 09:38 AM.

  5. #21

    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    I wonder how the Act provisions are not applicable to these courts. The rules regulating payment of fees etc is also not applicable to them it seems. Is it legally correct?

  6. #22
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    C J Karira
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Quote Originally Posted by taurus View Post
    I wonder how the Act provisions are not applicable to these courts. The rules regulating payment of fees etc is also not applicable to them it seems. Is it legally correct?
    Your observation is absolutely correct.

    If you go through the RTI Rules framed by some of the High Courts (at least those available on the internet), you will find major anomalies as well as the RTI rules violating the basic RTI Act itself !

    - Forms for application, rejection, appeal, etc.
    - Very high application fees (in some cases no mention of BPL category)
    - Cumbersome procedure for filing RTI applications
    - Asking for documents along with the application
    - Asking for "reasons" for seeking information, although no such
    provision in the Act
    many more...

  7. #23

    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    A separate campaign is required to set these things right it seems?!

  8. #24
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    Col NR Kurup (Retd)
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Let me come back to my oft repeated plea. Our campaign should be for establishment of "the Information Commission of India". It can incorporate Common/uniform Rules, Uniform procedure, control over the CIC and SICs including stream-lining a practicable procedure for sacking them, ensure that none of them proclaim/dictate own service conditions like leave, status etc, establish something like a court of rcords for RTI purpose, interact with RTI Activists etc., etc., etc., I think that no improvement to the present cituation is possible till we succed in establishing 'ICI"

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