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Thread: First Appeal for rejection u/s 8(1)(g)

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    First Appeal for rejection u/s 8(1)(g)


    Hello Dear Members,

    We have filed couple of RTI's seeking for Service, Asset details, Dowry declaration & Leave details of a Govt Employee working for Andhra Pradesh. I received a reply with 2 weeks stating that such information is exempted under section 8(1)(g) of RTI Act.

    I've typed the rejected letter sent by PIO and attaching for your reference. Also attaching the two RTI's which we have posted. I'm also attaching the First Appeal, i drafted with my limited knowledge on First Appeal draftings. Kindly help me in framing a much better First Appeal.


    Background for Filing these RTI's: We have been falsly implicated in Dowry laws within 6 months of marriage and my relatives who stay in USA were also falsly implicated and the girl side want HUGE money to compromise the case just by threating the legal implications. We go by our ethics and inner voice and will fight against these false cases and hence approached RTI as one of the mediums to gather evidences to prove our innocence.

    Why did wei File RTI for Service Details and dowry Declaration Forms? boy's family have never taken any dowry and the girl claims to have given Few lakhs worth of properties. ironically boy married girl knowing that she is educated even though girl's side doesnt have ANY properties who stays in rented premises. These are false claims and the only way to disprove it is to get the Annual propert Asset details.

    Why did we file RTI for leave details? One of the worst allegations from girl is that boy harrasses girl for her salaray and the girl is house arrested for 3-4 days after every pay date in her office. There was not even an imagination of house arrest and the girl has attended office every single day to office. By getting Leave details, we can dispove her allegations.


    KIndly, Please kindly help me draft this First Appeal to save 6 innocent people in falsly implicated cases.


    Thanks Karira Sir, its only because of your help and other members help i could atleast draft these RTI's and i hope to get contineous help in getting RTI expertises. With your suggestion & help, we have filed
    19 RTI's till date for various issues roght from colony roads to PF account details and were succesful in someof these efforts.


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    Re: First Appeal for rejection u/s 8(1)(g)


    That is a good first appeal.

    1. Cut out the mention of 8(1)(j). The PIO never brought it up. Why do you want to bring it up ?
    2. File 2 separate first appeals - one for each of your RTI applications. Does not matter if PIO gave only one reply.
    3. Mention in both your appeals that PIO should be warned to consider each application as separate one and not reply to them jointly.
    4. When giving citations, refer to each specific item of your application, like: Information requested in item X, Y & Z of my application request for Leave details and attendance records. These are disclosable under the RTI Act as per the stand taken by the CIC vide decision Nr...
    5. When you are giving that decision, also quote the relevant extract of that decision.
    6. One major ground for first appeal you forgot is that the PIO has mentioned about a court case. This cannot be grounds for denial. Just because a case is pending in court does not mean that a citizens fundamental right to information can be overruled.
    ===
    File a separate RTI application, immediately, and ask for:

    1. A certified copy of the letter written by the PIO to AAAA
    2. Certified copy of the letter received from AAA to PIO
    Twitter: @cjkarira

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    Re: First Appeal for rejection u/s 8(1)(g)


    Please also refer

    Sec 8:
    http://www.rtiindia.org/forum/blogs/...decisions.html
    It takes each of us to make difference for all of us.

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    Re: First Appeal for rejection u/s 8(1)(g)



    Thanks Karira Sir for your valuable inputs. After carefull re-examination of PIO's rejection i believe he started with Sec 7(7) (Treated this as Third Party info) and follwed Sec 11(1), 11(2) and came back to Sec 8(1)(g) and denied the information which is technically/legally/any other means is wrong. Please have a look at my re-draft which also includes your point . This is a kind of HARSH First Appeal i have drafted to remind PIO about the proper implementation of RTI ACT.

    Also, that he did mention about Privacy under Sec 8(1)(g) which does not cover PRIVACY.

    Looking forward for your valuable comments.
    Attached Files Attached Files

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    Re: First Appeal for rejection u/s 8(1)(g)


    It is not at all harsh.
    You should see some of the first appeals I file !

    Be ready with the relevant portions of those citations you have given, during the first appeal hearing.

    It seems you want to file only one first appeal for both your RTI applications.
    Nothing wrong in that (because PIO gave only one reply).
    However, I still feel that you should file 2 separate first appeals.
    Twitter: @cjkarira

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    Re: First Appeal for rejection u/s 8(1)(g)


    The Leave/Attendance Record is not Personal information, it is the Office Record.
    No Case for Third Party is made out. PIO was erred.
    Even if the case of Third party is made out, PIO refer it to third party only when he intends to disclose information (Section 11)
    Mere forwarding the reply of the Third Party or quoting the section from the ACT is not sufficient. The reasons under Section 7(8) as to why PIO do not want to provide information is vital.
    PIO should severe the information that may be which would endanger her life or Physical safety & privacy, under section 10, and provide the inform that is not exempted under section 8 & 9.

    Relevant Sections are reproduced below

    Section 7(8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
    (i) the reasons for such rejection;
    (ii) the period within which an appeal against such rejection may be preferred; and
    (iii) the particulars of the appellate authority.
    Section 10. (1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
    (2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing—
    (a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
    (b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
    (c) the name and designation of the person giving the decision;
    (d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and

    (e) his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of acces
    Section 11. (1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:

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    I will be filing two sets of First Appeals, one for service particulars and another for Leave Details. I attached only Service particulars as FA for Leave details will be exactly same with a change in CIC decison references. I'm loving these RTI's while bringing irregularities within govt services, once again thanks a TON for all your valuable suggestions....

    Thanks SMBHappy for your valuable suggestions and time for helping me for FA procedures.
    Last edited by ambrish.p; 25-07-10 at 07:44 PM.

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    Humanitarian Grounds basis for rejection


    Filed RTI and FA's to get a govt servants property/asset/Dowry Declaration/Leave details but on both occasions my RTI is rejected u/s 8(1)(g). My First appeal has been rejected on HUMANITARIAN GROUNDS.

    I know this is utter non-sense to reject the RTI's in this manner. Attaching all the documents exchanged with PIO/SPIO during the process for you reference.

    PLEASE PLEASE HELP ME DRAFT A VERY GOOD SECOND APPEAL AS THIS DATA IS VERY USEFUL TO PROVE THE ALLEGATION MADE ARE BASELESS.


    Background
    We are fighting against LEGA Terrorism Laws - Sec 498a of IPC where on mere allegation of a wife can put husband and his family members in jail before even conduction peiliminary enquiry. To disprove the allegation, we have filed RTI's to wife's office seeking for Property details, Leav details, Dowry Declarations which reveal the actual truth in these false cases.

    For members Information, as per NCRB statistics 98.2% of cases are in false nature and resulted as aquittals in various courts of India.


    Why did i file these RTI's is described in this thread
    http://www.rtiindia.org/forum/57189-...tml#post139672



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