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Thread: using of letter head

  1. Re: using of letter head


    From the minutes of the meeting held at CIC on 01 Aug,2006, the following approach to such cases can be found: "On whether a company or a corporation or a partnership firm or an association has a right to access information under the RTI Act, it was decided that cases would be dealt within the framework of legal ramifications arising from judicial pronouncements."

    In a few of the cases decided during last month also, the CIC has taken a liberal view of the term "citizen" while applying it to the office-bearer of an association/society/union

    1. https://cic.gov.in/CIC-Orders/Decision_16052007_02.pdf
    2. https://cic.gov.in/CIC-Orders/Decision_17052007_04.pdf

    However, in a few appeals decided by the CIC Prof. Ansari the liberal interpretation of the term citizen has not been applied. With such conflicting decisions over the interpretation of the term "citizen" , it will be prudent for the applicants to apply in their individual names till the matter gets settled.



  2. #10
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    C J Karira
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    Re: using of letter head


    One good solution would be to apply on a letter head, but the signature should be of a person without mentioning his designation or post. This way the applicant can always claim that he has applied a s a "citizen" and that the letter head is being used only for the purpose of giving a address and number for reply.
    There is a decision of the CIC which allowed such a appeal.
    I will search for it and post it here.

    As Ganpat pointed out, better to be prudent in such matters.

  3. Re: using of letter head


    In RTI there is no format and as mpai has rightly said there is no bar in asking information on a letter head.

    On lighter side,
    If we all start filling RTI application to teach a lesson to "DIFFICULT" PIO then all babus will be replying on RTI application and very well justify their existence. And for those application status we might get a reply, that all babus are busy replying RTI, You request will be considered on top priority when the job of RTI application is over

  4. Re: using of letter head



    When using letter heads, you must state your name over which you have to sign.In one case when I sought the information saying my name and designation of office bearer of trade union, the PIO declined to furnish information. I appealed to the Appellate Authority stating that the designation and name of the union are part of my address and they indicate only address portion, the Appeal was allowed by the Appellate Authority

  5. Re: using of letter head


    Quote Originally Posted by p.esakkimuthu View Post
    I appealed to the Appellate Authority stating that the designation and name of the union are part of my address and they indicate only address portion, the Appeal was allowed by the Appellate Authority
    You are lucky to have managed to elaborate to the AA. Over a half a dozen cases in June, have ruled against Office Bearers of Association and appeal was rejected as they did not satisfy Section 3 of the RTI Act.

    Take care next time

    Manoj

  6. #14
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    Re: using of letter head


    Here is another decision which makes this whole issue even more confusing.

    Please see:

    https://cic.gov.in/CIC-Orders/Decision_12032007_16.pdf

    In the comments, it is stated that earlier similar information sought by M/S Arjun Industries Ltd. was rejected on the ground that a company was not a citizen and that fee had not been paid in the prescribed mode by a decision dated 21.9.2006. Appeal
    against the decision was also rejected by the AA by an order dated
    20.10.2006. Therefore, both the CPIO and AA have disposed of the case in time.

    DECISION

    2. Without going into the correctness of the decisions of AA/CPIO in
    regard to the application filed by M/S Arjun Industries Ltd., since the
    present application has been filed by the appellant as an individual, even though in the capacity as the MD of M/S Arjun Industries Ltd., the same decision cannot be applied in respect of the present application. Therefore, if the information sought by her is not exempt in any of the provisions of RTI Act, the CPIO will furnish the information within 15 days.

    Viewers are also requested to read the following thread:

    https://www.rtiindia.org/forum/ask-rt...formation.html

  7. #15

    Re: using of letter head


    sunil please send me also the cic order which allowed the company to use the letter head for seeking information (Posting of mail ids is against RTI India - Forum Rules - hence deleted)
    Last edited by ambrish.p; 27-11-10 at 09:19 PM.

  8. Re: using of letter head


    Dear Member

    Please refer post # 14 (no of post is mentioned on top right of every post) & also read: https://www.rtiindia.org/forum/328-ca...formation.html

    Also go through the attachments

    regards

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