Sunday, August 16, 2015

RTI Discussions

NOTE:- Advise available for all countries laws vis-a-vis adultery & divorce so if you want divorce from your adulterous wife & want to have Consultation with ATUR CHATUR by paying him the consultation fees then contact him at +91-9873540498 & must also leave an email at ATURCHATUR@YAHOO.COM



EVIDENCES

Collect all photographs of wedding, honeymoon etc, other photographs of ceremonies, visits to any places with wife. When wife says in her petition or affidavit: “I was not given food”, you can show those cheery pictures of your honeymoon to her during her cross-exam to ask why her cheeks were so rosy and plump if she was starving all the time!







Where to send Second Appeal [SA]?
It is the procedure to first send copy to CPIO, obtain xerox copy of postal receipt, state about serving copy and enclose that copy with your original complaint set. Send SA to:-
Central Information Commission
Room No. 326, 2nd Floor, 
August Kranti Bhawan,
Bhikaji Cama Place 
New Delhi – 110066

PIO rejected 20/- IPO & asking for 10/- IPO
as per CIC decision No. CIC/SA/C/2014/000038 DATED 12-12-2014

(ii) All public authorities are required to direct the concerned officers to accept IPOs of the denomination of higher values vis├ávis the fee /copying charges when the senders do not ask for refund of the excess amount. 
To illustrate, if fee of Rs. 18/ is payable by the information seeker and if he sends IPO of Rs. 20/, this should be accepted by the concerned officer rather than returning the same, for practical reasons. The entire amount will be treated as RTI fee.

However as per RTI ACTIVISTS, it is advisable to file another RTI application with Rs.10/-
Therefore while making excess payment you should have enclosed the CIC decision which authorises the PIO to appropriate the excess amount to the Miscellaneous Account of the Public Authority, so as to make the PIO aware of such a CIC decision (also please note that this CIC decision is not applicable to State Public Authorities, and may only work as a persuasive precedent for the State PIOs).


NOTE:- Advise available for all countries laws vis-a-vis adultery & divorce so if you want divorce from your adulterous wife & want to have Consultation with ATUR CHATUR by paying him the consultation fees then contact him at +91-9873540498 & must also leave an email at ATURCHATUR@YAHOO.COM


FA Hearing - Audio/Video Proofs
Keep audio/video is play mode while entering FAA. Plead that you were called but not shown correct files. PIO may oppose & say that he showed relevant files. Insist to show some files during FA hearing which were shown to you during inspection. If he produces correct files insist FA to supply certified copies of relevant documents 

RTI to Create Pressure
SOME1 Wrote:- I got same information through RTI, As per my experience every private school is monitored my some Govt authority. You need to find which Authority is monitoring Pvt schools in your State. In my Case (Andhra) I have files RTI to MEO (Mondal Educational Officer) seeking list of teacher either temporary or permanent position  as well as non teaching staff in a particular school. You need to try and keep trying till you get this information. 

In my case it took about 6 months with 5 RTI applications to find out. 


If this does not work there is alternative way.


Every Private school should follow some rules set by government like Number of students in a class, Play ground area, Toilets, Fire prevention equipment etc. You can ask Govt authority who is responsible for this about if the inspection is done to insure these felicities are present or not. This will put lot of pressure on Govt officials as well as school management because most of time they dont follow these rules. If one school has to follow all these rules then it requires a lot of money. Ultimately Pvt school will come to compromise with you.


You can use this approach if first approach does not work.



RISKY INFO
The details of this application/appeal be treated in strictest confidence and should not be revealed to any other person/s, except to the third party u/s 11 of RTI Act 2005, if need be. If any person seeks copy of this application a notice should be served to me u/s 11 and I should be heard before parting with details. PIO and FAA are duty bound not to permit unauthorized access to govt. records. I shall hold PIO/deemed PIO/FAA responsible for unauthorised leakage of details of this application

COMPLAINT UNDER SECTION 18 RTI
[1] File a Complaint under Section-18(1)(a) of the Act before the State Information Commission for refusal to accept the RTI Request by the PIO in the office of DEO by referring to : HOW TO FILE COMPLAINT U/S 18(1) by JPS50

[2] Take out a print of the latest delivery status from India Post website and keep it on record. File an RTI application with the CPIO in office of Sr Supdt of Post Offices of your area (where the article was posted) attaching copy of delivery status print out and seek the reason on record for not delivering the article to the Addressee and reason for its return after 40 days.

[3] Simultaneously file a Complaint in the India Post Complaint Registration portal for recollecting the delivered article after 40 days and returning it back to the sender without any reason, and seek an investigation and take punitive action against the staff responsible for the laxity: Web Based Customer Grievance Handling System - Complaints Entry ; with a request to advise action taken on the complaint. 

[4] Also file a written complaint to the Senior Superintendent of Post Offices concerned along with a copy of latest delivery status with a request to investigate the complaint, take action and advise the complainant about the action taken against the staff responsible for the lapse. (this is required since the webportal complaints often deliver a standard message that the article is returned to the sender),

[5] File fresh RTI application to the same PIO of DEO seeking same information. You can post your RTI query here for our members to refine it.



Thanks, is there a standard complaint format u/s 18(1) as the above link posted by you has many sub-links so unable to find out which one suits best. Thanks



There is no specified format for complaint. However, basic information as in Second Appeal format may be used, such as name and address of the complainant; PIO and address; description of RTI request and its date; date of dispatch; date of delivery in PIO's office; information sought; response of PIO (in this case non-acceptance of the request by PIO and its return); grounds for appeal including malafide intention and contravention of provisions of RTI Law; prayer and verification; signature of applicant with date. 

Attach copy of RTI Request, Proof of Speed Post dispatch, Delivery report showing actual date of delivery and subsequent non-delivery etc.

FIRST APPEAL - DIRECTED TO APPEAR
The language of hearing notice has no bearing on the issue. Brush aside such petty issues and concentrate on getting information. Hearing is granted in compliance of the principles of natural justice and it is not mandatory for you to appear. However, if you appear for the hearing, you can argue before the FAA against the contentions of PIO justifying denial. 

If you don't want to appear or it is not convenient for you to appear before the FAA, you must immediately make a submission to that effect along with your written arguments.

Please refer : 

IS IT MANDATORY TO APPEAR FOR HEARING BY FIRST APPELLATE AUTHORITY?


SIMULTANEOUS FA & COMPLAINT
Your query itself seems to be erroneous. Since the matter was discussed in an earlier thread, the factual position is that you have sent an RTI Application, which the PIO received and after 40 days returned back to you in same envelop on receipt of which you have gathered that the envelop was opened and then repacked. If this is the fact, where is the question of rejection of request by PIO or returning of Postal Order (means IPO) only. It is a case of refusal to accept the RTI Application by the PIO.

Presuming that the facts are as stated above, you can file First Appeal u/s 19(1) to the First Appellate Authority, enclosing copy of RTI application, IPO and copy of returned envelop with a prayer to supply the information free of cost. 

You can also file Complaint u/s 18(1)(a) of the Act before the Central Information Commission for [1] with a prayer to conduct an inquiry on this matter of not accepting the RTI Request and [2] malafidely returning the postal envelop containing RTI request after a considerable period i.e. refusing to accept the RTI Request and [3] to impose penalty of Rs.25,000 on PIO. 

Please file RTI application as suggested in previous thread, to the CPIO of postal department in order to gather evidence to establish malafide intention on the part of CPIO - returning the request after its delivery at his office that too after 40 days.

Since first appeal lies to First Appellate Authority of the Public Authority and Complaint lies to the Central Information Commission, both can be sent simultaneously.

FIRST APPEAL - SUPREME COURT - GOD CAUSE
That the PIO must provide information subject to the provisions of the RTI Act instead of denying him his fundamental right.

That the PIO directed RTI applicant to approach the Supreme Court Rules 2013 vide Order V Rule 2 (37) read with Order XIII Rule 2 to obtain certified copies both of which inherently mentions a "GOOD CAUSE" which means the Hon'ble PIO indirectly directed me to mention a good cause before another authority only then I shall get the information which is against section ????????? of RTI Act

That subjecting the RTI applicant to another authority & mention reasons or good cause before that another authority means that the RTI Applicant has been subjected to the mercy of that another authority which might reject the plea of applicant for 'n' number of reasons hence it seems a denial of information to the RTI Applicant.

That since PIO of Supreme Court is in itself a very high rank official so I am also following his advise side by side and sending an additional Application under above sections today itself mentioning a good cause i.e., Since it is a matter concerning transparency of Delhi Police working vis-a-vis CCTV's hence this is a matter concerning public interest & hence the good cause for me to inspect the relevant file for larger public interest (annexed for your kind perusal). If this application is rejected then that will also prove side by side that I have been denied the information from both RTI as well as SC route. Whereas, If I get the information from any route it will be a win for Indian Judiciary's aim towards transparency which will be highly appreciated & thanks in advance to Hon'ble FAA & Hon'ble Supreme Court for fulfilling this transparency.

Experts, please add PRAYER CLAUSE to it besides other additions that u seem relevant. Thanks

Continued . . . GOOD CAUSE THIRD PARTY
Attached is JP Shah ji's write up related to sub-judice in courts. 


=========

INFORMATION RELATING TO SUB-JUDICE MATTER UNDER RTI ACT

Of late, PIOs are denying information sought under RTI Act with the reason that matter is sub-judice i.e. matter is pending with a court of law or tribunal or consumer forum/commission etc.

RTI Act no where permits refusal of information just because subject of information is sub-judice. Under section 8.1.b only that information, which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court, has been exempted from disclosure. But PIOs extend to all information relating to court cases out of misinterpretation or ignorance or malice just to dodge information. 

Following decisions of Central Information Commission are relevant:

1. Decision No.456/IC(A)/2006 F. No.CIC/MA/A/2006/0694 dated 18-12-2006:

“There are no provisions in the RTI Act to reject an application for information merely on the ground that the matter is sub-judice. In the instant case, there is, however, no evidence to indicate that exemption from disclosure of information u/s 8(1)(b) of the Act has been sought by the CPIO. Therefore, the denial of information by the CPIO and appellate authority on ground of the matter being sub-judice is unjustified.”

2. CIC/SM/A/2008/000106 dated 22-10-2009

“………..The denial of information on the ground that the matter had been pending before the DRT is not supported by any of the provisions of the Right to Information (RTI) Act. Merely, because a matter has been pending before a Court or Tribunal, it cannot be denied to a citizen………”

3. CIC/SM/A/2012/000067 dated 27-09-2012 
[Against CPIO, High Court of Calcutta, Appellate Side]

“In respect of the reply given by the CPIO, we have to say that no information can be denied merely on the ground that the matter is subjudice. There is no provision in the Right to Information (RTI) Act which exempts any information from disclosure only on this ground. Information can be denied only under the exemption provisions of the RTI Act. We hope the CPIO will keep this in mind in future.”

4. CIC/SM/A/2010/000966 dated 11-04-2011

“After carefully considering the facts of the case, we do not find either the decision of the CPIO or the Appellate Authority in conformity with the provisions of the Right to Information (RTI) Act. There is nothing in that Act which prevents
disclosure of information merely on the ground that a related matter is pending
before a court of law…………….”

5. CIC/LS/A/2009/000937 dated 10-06-2010

“After hearing the Respondents and on perusal of the relevant documents on file and keeping in view the written submissions the Commission first of all make it clear that the matter being sub-judice is not ground to withhold the requisite information under the RTI Act, unless the desired information has been expressly
forbidden to be published by any court of Law or Tribunal or the disclosure of which may constitute contempt of court, in terms of the Section 8(1)(b) of the RTI
Act. In the present case the Respondents have not produced any order of the Court which has expressly forbidden the disclosure of the desired information. After making the legal position clear about the matter being sub-judice, the impugned points of the RTI application are discussed and decision on the point is
given below…..”

Note:

I would suggest that this note may be attached to RTI application as an annexure, so that despite this information if PIO supported by FAA ventures to deny information for it being sub-judice, they will have tough time in convincing Information Commissioner that both acted in good faith and without malafide during hearing of second appeal or complaint. Under section 19.5 of RTI Act the onus to justify replies rests with PIO. Under section 20.1 the burden of proving that PIO acted reasonably and diligently is enjoined on the PIO.



Authored by: J. P. Shah jpshah50@yahoo.co.in 15112012


UNBECOMING OF A GOVERNMENT SERVANT
I am highly thankful that the Hon'ble PIO has agreed to provide the certified copies of Departmental Enquiry against its officer named SATNAM SINGH.

However, the PIO has denied the information with malafide intent because this policeman named SATNAM SINGH is famous in Dwarka Sec-10 PS and also Dwarka Sec-7 PS and I as a normal citizen neither have the courage nor the authority to goto any PS and ask rank, belt number of an officer under Delhi Police so how can I get rank, belt number of a policeman.

On the other hand, Delhi Police is an efficient police force of the country and further as a matter of fact there could be only very few police officers who keep/ kept a mistress especially when we talk about a particular PS. Now , if such an efficient Delhi Police is unable to trace such police officer despite lot of information provided by me & denies me the information with malafide intent then this also becomes a serious error on the part of Hon'ble PIO.

Immediately file first appeal stating that PIO has evaded providing information though he can secure it from other offices of his own dept., and evasion is malafide. Pray for directing PIO to provide information as expeditiously as possible free of cost.
First appeal dt.......under RTI Act filed before
First Appellate Authority,........................New Delhi

Public Information Officer...................
Appellant:............................

Grounds for appeal: Appellant on.........has sought information about particulars of a constable working with his PS and even if he is transferred, PIO can secure the information, as entire data can be accessed through on line.
PIO has deliberately evaded providing information with malafide motive of suppressing the facts.

Prayer: Appellant prays for directions to PIO for providing information as expeditiously as possible free of cost, as PIO, a Police official himself is not being whereabout of a person working in his own dept., speaks bad of functioning of Police dept., whose work is to book unknown criminals and to investigate and trace unknown person.

Place
Date....................Appellant.
RTI Application & PIO information copies are self attested and pasted on back of this appeal..

Please file through local speed post. Preserve copy of postal receipt duly pasted on appeal copy.


NOTE:- Advise available for all countries laws vis-a-vis adultery & divorce so if you want divorce from your adulterous wife & want to have Consultation with ATUR CHATUR by paying him the consultation fees then contact him at +91-9873540498 & must also leave an email at ATURCHATUR@YAHOO.COM



FIRST APPEAL NOT MANDATORY FA HEARING = 27/28 PIO COURT 10th October
There is no provision under the said Rules for calling Appellant for hearing. On the face of record, that there is no such provision in Delhi District Courts (RTI) Rules, 2008 the contention of PIO in his decision that the information is available in Delhi District Courts (RTI) Rules is false to the knowledge of the PIO himself. Therefore information on item no.1,2 and 3 are denied without assigning any reason. 

Rule-14 of the Delhi District Courts (RTI) Rules, 2008 unequivocally stipulates that the PIO shall give reasons for declining the request for information. In this case, the information is declined falsely by stating that the provisions for calling appellant for hearing, as framed by competent authority and/or appropriate government in terms of sec-27 and 28 are contained in Delhi District Courts (RTI) Rules. 

Similarly, the applicant asked for the certified copy of the say / remarks submitted or submissions made by PIO before the FAA on which hearing is scheduled. PIO instead of supplying the information sought, made reference to FAA's order. FAA's order is an event subsequent to submissions made by PIO with respect to the appeal. What material submissions made by PIO before the FAA which necessitated the FAA to call the appellant for a hearing is important. If no such submissions are made by PIO, then PIO should have decided item no.4 of the query accordingly, whereas the PIO denied the information by vague reply.

False & Evasive Reply


FIRST APPEAL NO DISCRETIONARY POWERS = 27/28 PIO SOL
The Hon'ble PIO has given false & evasive reply.

There is no provision under the RTI Act'2005 for calling Appellant for hearing. On the face of record, that there is no such provision in RTI Act'2005 the contention of PIO in his decision that the "FAA has the discretionary powers" is false to the knowledge of the PIO himself. Therefore information on item no.1,2 and 3 are denied without assigning any reason. 

That the RTI Act'2005 unequivocally stipulates that the PIO shall give reasons for declining the request for information. In this case, the information is declined falsely by stating that the remarks were submitted before the FAA after getting the inputs from the concerned section. 


Similarly, the applicant asked for the certified copy of the say / remarks submitted or submissions made by PIO before the FAA on which hearing is scheduled. PIO instead of supplying the information sought, falsely stated that the remarks were submitted before the FAA after getting the inputs from the concerned section. FAA's order is an event subsequent to submissions made by PIO with respect to the appeal. What material submissions made by PIO before the FAA which necessitated the FAA to call the appellant for a hearing is important. If no such submissions are made by PIO, then PIO should have decided item no.4 of the query accordingly, whereas the PIO denied the information by vague reply.


FIRST APPEAL PRAYER (FOR ABOVE)
http://righttoinformation.wiki/guide/applicant/first-appeal/faa

8(1)(J) - Personal (Exemption)
Exemption can be claimed under sec-8(1)(j) only with respect to those information which relates to personal information, the disclosure of which has no relationship to any public activity or interest.
Detailed Arguments at:- http://righttoinformation.wiki/guide/applicant/first-appeal/faa

SECOND APPEAL CHECKS
SOME THREE = Copy of RTI, All Docs Self Attested, INDEX of Documents
1.Is affidavit necessary with SA? Why?

1.No. Affidavit is not neessary.

2. Is it necessary to give mobile phone/ email because I do not want to include those & want all communications ONLY through 1 mode i.e., post?

No. Giving E mail Id /mobile Nos. are not necessary. Even you provide it CIC rarely uses the same to communicate. It is just a formality.

3. Is there possibility that they will decide the SA without personal hearing if I do not put that in prayer?
Without Personal Hearing, there was never a decision from Information Commission. This is just a formal way of prayer seeking personal hearing or VC hearing.

4. Is it necessary to self-attest each page of SA?

It is mandatory to self attest each page of enclosures made to First appeal, if they are not originals.
Is it necessary to self-attest each document annexed thereto?

5. Instead of annexing FA Decision if we simply mention the ref no like No.F/SA/RT/125-128 Dated 12/09/2015 alongwith PIO/FAA complete particulars then will that suffice because all discussions have to be done on day of SA hearing when we & PIO will be taking everything along with us?

Appellant is bound to enclose all enclosures, if they are part of Appeal. There can not be presumptions. The set will be immediately returned even without admission, if appeal is not having such enclosures.
6. If we do not include verification para then will the SA be rejected? (Is it mandatory under some section of RTI Act'2005 & the purpose thereof) 
Verification is mandatory. If rules and regulations specify that appeal has to be in such a manner and style, appellant has to follow laid down procedure, if he wants admitting of second appeal. This verification is just a legal formality admitting facts stated in SA.

7.One state of India from Nov'2013 allows Post Box Number which means complete anonymity & complete anonymity means nothing like verification, affidavit, signatures etc. How those anonymous RTI's work in SA (this query is out of my curiousity only)

This is not relevant during second appeal. That is specific at the time of RTI Application only.

8. Why four copies need to be sent to CIC when we are already attaching the postal proof of sending to PIO?

Only one set of appeal is necessary with service proof of copy of appeals to PIO & FAA.

9) Can we hand over these 4 copies to DAK (Room No.326 of CIC building) & does he gives any receiving?
Yes. You can deliver set in in ward Registry at CIC, and verification will be done right in your presence and you will be given Diary No. immediately.

10.What is the benefit of giving by hand instead of post?

It has to be decided by appellant. First advantage is he will be savings costs of postage. Second advantage is that he is sure of getting the number of diary at the time of submission of appeal, instead of searching in websites.

11. Someone told me that when u go yourself then you can request to request them to put an earlier date, Is that so?

Ask that person to help you in this regard. The entire inward tappal is controlled by data entry system, and right before you they complete the formality of giving diary no. When the continuous number and date is generated by system automatically, normal persons like our members can not even imagine such unauthorised insertion and advantage of such prior dating to appellant.

12)It is more convenient for me to mention all assertions in para form instead of making headings like facts, grounds, synopsis etc because I think that I can get my points included more clearly by that mode? Is there any section of RTI which hinders it? Any other impedient?

The laid down procedure was time tested, uniform and contains essentials as stated in RTI Act. If you wanted to follow your own procedure, instead of laid down, it is left to you . But if you want second appeal to be decided without any obstacles, follow laid down procedure, even Hon Karira and Previous IC SG follows.

13)What is the deep weblink to check status of our posted CIC SA after 15 days?

Every appeal/complaint received by CIC after entering into Diary can be seen in CIC Home website- in Tab form Status of Appeals and Decisions, Diary No by entering name of complainant/appellant.

14.What is deep weblink to check status of filed SA if given to them by hand?

Generally if appeal is given through hand, Inward Registry is making direct entry then and there and even provides diary no. on duplicate copy of the appeal with their Stamp.

15.jps50 blog says 1 copy to PIO & 1 copy to FAA and proof of those postings to CIC (2 copies)? what to do?
First send copy of appeal to PIO & FAA and then enclose copy of service proof (Postal receipts) with such mention as enclosure.

16.do we need to do all that 4 copies activity in case of complaint also?

Only one copy is enough for appeal/complaint. In case of complaint it may not be mandatory to send complaint to PIO/FAA but desirable.

17 in appeal we write us as applicant & in complaint we write us as complainant (mandatory) or can we call us as RTI applicant also when making complaint?

One has to mention the capacity of a person while filing such appeal and naturally the capacity of person is appellant. RTI Applicant is one at the time of applying to PIO only.

18. Is verification required in case of complaint also? Why?

As far as I know, there is no format for complaint and no one is including verification in Complaint, though it is desirable.

19)Instead of writing INDEX OF DOCUMENTS if we simply in the end write ENCLOSURES & below that (1)(2)(3)(4)(5)(6) i.e., list of all enclosures from RTI to FA to documents annexed to RTI, FA Arguments, Additional Documents relied upon etc then is that a workable method?

It is a general practice to mention any enclosures in the first page as index, enabling the receiver to check the enclosure with such page numbers. Rest is left to your individual decision.

20.If I want each of my point written in my SA to be recorded in the SA Decision then what one-liner should I write in SA?

One can not expect and decide what SA decision should consist of , and appellant is supposed to state facts in chronological order and pray for a speaking order and for discussion of enclosures.

21)I just now while typing read somewhere that, "A minimum of Five copies of the second appeal have to be submitted to CIC as per CIC Circular No 1 Dated 20/06/2006" Is that correct?

That was a very old rule. Madam Raveena has provided correct link.

Please remember that your appeal may come up for hearing maximum within 8 months before Prof Sridhar Acharya, keeping in mind his style of decisions, you may file second appeal.

RTI on Sub-Registrar
You may file RTI Application with PIO of Sub-Registrar office and seek the -

[1] Monthwise No. of sale deeds registered in your public authority during 2013
[2] Monthwise No. of Agreement of sale registered in your public authority during 2013
[3] Monthwise No. of Mortgage Deeds registered in your public authority during 2013
[4] Monthwise No. of Lease deeds registered in your public authority during 2013
[5] Monthwise No. of Gift Deeds registered in your public authority during 2013
[6] Monthwise No. of Relinquishment Deeds registered in your public authority during 2013
[7] Soft copy of all Deeds registered in your public authority during 2013 in CD format.
[8] certified copy of the rules / regulations / notifications / policy / manual / code / circular / Govt Resolution or any such other document stipulating that Aadhar Card of parties to transaction is mandatory to register transaction like Sale Deed, Agreement of Sale, Lease Deed, Mortgage Deed by your public authority. 
[9] If no such document exists as requested in point 8 above, then please supply me the document based on which your public authority is insisting the parties to produce Aadhar Card for registering the transactions Sale Deed, Agreement of Sale, Lease Deed, Mortgage Deed by your public authority.
(Soft copy cannot be certified. It can only be supplied in soft form, if so maintained by the public authority.)

I asked:-
If a person possesses two aadhar cards then which one is treated as valid the first one or the subsequent one

PIO instead of replying which one is valid gave an evasive reply as follows:-
"If it is established that a person has got multiple aadhaar, then the aadhaar resulting from the earliest enrolment would be retained"

here the PIO is not ready to answer on validity. what to do?
PIO has rightly informed that the Aadhar Card enrolled on earlier occasion is retained, which means the older Aadhar card is valid one


thanks, can I use this as a legal document stating that "see, as per UIDAI the earlier aadhaar card is retained which means the earlier aadhaar card is valid. this also means the subsequent aadhaar card is not valid in the eyes of law"
now, since in this property transfer transaction this lady used a new enrolment number with alias name by fooling the UIDAI staff & used that enrolment number in such property transaction (& later on she did not updated the property department when such enrolment number got rejected by UIDAI) & after knowing that such UIDAI has been cancelled she went on to file DV case against her husband & asked for residence rights,

QUES 1
how to present this issue

QUES 2
do I need to send another RTI to UIDAI with both those enrolment numbers & ask them what questions so that I get a legal strong document under RTI. thanks
TTTTTTTTTTTTTTTTTTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTT


CD/ SOFT COPY related 
I had asked CIC to provide me cic decisions in CD from a particular date 
the reply from cic is "we have no such mode of delivery of cic decisions "
File First Appeal before the FAA of CIC on below grounds: An information should be supplied in the format it is sought unless it would disproportionately divert the resources of the public authority. It is a fact that CIC hold the decisions in soft form stored on computer. Therefore the information was required to be supplied to the appellant in soft form on CD as demanded. If an information is held by the public authority, it is required to be supplied unless qualified for exemption under any of the clauses of Sec-8(1) of Sec-9. CIC decisions are not exempted under any Sections. An information cannot be denied for any other reason than what is stipulated u/s 8(1) or Sec-9. The PIO cannot read any other cause into the Exemption Clauses like "mode of delivery" for claiming exemption. PIO was therefore wrong in denying information on the ground of "mode of delivery" not in practice. The very ground of rejection of request is illegal, malafide and intentional to deny information to the applicant. 


FURTHER 
PIO CIC could have rejected this information on another better ground i.e. the information is already disseminated in soft format through its website and the information is no more held in exclusion by the public authority but in public domain and accessible directly by applicant and therefore it is not an information accessible under the right to information which is held by or under the control of the public authority.

FURTHER MORE
The software may be a custom made one, and proprietary item, not held by the public authority but only has right to access for specific purpose which cannot be supplied by PIO. What you can get is the input data, for which query has already been framed above.


CD/ SOFT COPY - FIRST APPEAL 
File First appeal against the decision of PIO. What the appellant sought from PIO was the soft of all sale deeds ........ 

GROUNDS: The PIO is required to supply the entire soft material available with him in soft copy and supply to the appellant. The appellant wants the entire material and therefore there is no question of inspection or identifying any materials. The decision of PIO is therefore without any object, whatsoever. Since the information is held by the public authority, the PIO be directed to supply the information on CD. Since PIO failed to supply information within stipulated 30 days, now PIO may kindly be directed to supply information free of charge. 

Appellant exercised the right conferred under the Act for obtaining soft copy of information. The PIO has directed to do inspection of record, which is a different right conferred on the applicant. Which right must be exercised by an applicant citizen, vests on the citizen himself and not at the whims or fancies of the public authority. When the applicant opted to obtain information in soft form, which information is held by the public authority in that (soft) form, the PIO is required to supply the information. The PIO cannot direct the applicant to exercise a different right of inspection. The decision of PIO is therefore wrong with an intention to deny information on the pretext of inspection, which is not permitted under the Act. The PIO may therefore be directed to supply the information free of charge within 10 days from the date of decision of this appeal.

I want to include a RTI in which first part will be purely a complaint vis-a-vis admission taken in Delhi Univ by a candidate using alias name in 2013.
Here I will attach proof of 2008 which is a court affidavit & newspaper advertisement showing that she changes her name to XYZ identity.
Another annexure that I will attach is of 2015 aadhaar card which shows her original true name which she represented before the DU.

QUES 1
How to present above in a simple manner

QUES 2
How to ask PIO to issue notice u/s 11 or u/s 11(4) to such person 

QUES 3
In part II what query to frame asking for all such communications between DU & such third party given to me. How to tell them the rules that I am entitled to get certified copy of all such to & fro communications

NOTE:- Later on I just intend to ask them whether information provided by me was found to be false or true (along with ATR & such communications). thanks
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RTI on HOSPITAL to know all RTI Activists associated with this hospital
File an RTI Application with the PIO of the Hospital and seek 

[1] certified copies of all RTI Applications received and decided by your public authority ........... hospital from 01/04/2015 to 30/09/2015.

[2] The number of requests made to your public authority from 01/04/2015 to 30/09/2015.

[3] The number of decisions where applicants were not entitled to access to documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked by your public authority during the period from 01/04/2015 to 30/09/2015.

[4] Number of appeals referred to Central Information Commission, for review, the nature of appeals and outcome of appeals; 

[5] Particulars of any disciplinary action taken against any officer in respect of the administration of RTI Act; 

[6] Amount of charges collected by your authority under RTI Act; 

[7] Certified copy of Quarterly report submitted by your authority under Section-25(3) of RTI Act for quarter ended 31/3/2015, 30/06/2015 and 30/09/2015.


OTHER PERSON SAYS:-
First duty of any member is to insist for such uploading of RTI Applications,/appeal and it's replies under suo-motu disclosures first by Public Authorities, as such upload is mandatory.


HENCE I MUST SUGGEST THAT:-
The DOPT directives reference is provided in the reply. You can just mention those references and seek information as to whether PA has followed the DOPT .mandatory directives and uploaded RTI applications, PIO response and appeals.
(Infact you need not even file RTI Application but can file RTI Application, if there is no such upload in their website for suo motu disclosures, but CIC is not accepting direct complaints without application)
Immediately after receiving such response you can file complaint before CIC.

The argument of password etc., has not figured during hearing. The simple issue in VC is CPIO has confirmed that they are available on website and IC believed them. You may add in your application another point, seeking information if these are unloaded whether they are available for view of public without any passoword. (as point No.2)


First Appeal DM (NORTH) - October End
After receiving the RTI reply tell them the rules viz., 7 clear days notice.
DO THIS:-
In this case, the speed post article sent under ED876053053IN has been delivered on 17/09/2015 and ED876053107IN on 16/09/2015. 

Take print out of delivery report of both these notices from this link: Article Tracking


Represent to FAA as suggested above. Attach delivery status as proof of date of dispatch and proof of delivery after date fixed for hearing and pray to fix another date for hearing and advice you 7 days in advance.


RULE 7(3) is as follows:-
Do not mention any thing in writing to any authority, as they may take offence that we are teaching them their trade. Simply state, that 7 days notice is not given, and let them respond and then it can be shown.

(The Central Information Commission (Appeal Procedure) Rules 2005 Rule 7: Personal presence of the appellant or complainant (1) The appellant or the complainant , as the case may be, shall in every case be informed of the date of hearing atleast seven clear days before that date"


*clear days means excluding holidays.--Preserve envelope for recording date of posting and receipt duly xeroxed


CENTRAL INFORMATION COMMISSION 
Appeal No.CIC/WB/A/2007/01514 dated 14.11.2007 

Under the Central Information Commission (Appeal Procedure) Rules, 2005 of 28.10.2005, the issue of personal presence of appellant/complainant has been specifically spelt out in Rule 7. This Rule reads as follows: 
“7. Personal presence of the appellant or complainant 
(1) The appellant or the complainant, as the case may be, shall in every case be informed of the date of hearing at least seven clear days before that date. 
(2) The appellant or the complainant, as the case may be, may at his discretion at the time of hearing of the appeal or complaint by the Commission be present in person or through his duly authorized representative or may opt not to be present. 
(3) Where the Commission is satisfied that the circumstances exist due to which the appellant or the complainant, as the case may be, is being prevented 
from attending the hearing of the Commission, then, the Commission may afford the appellant or the complainant, as the case may be, another opportunity of being heard before a final decision is taken or take any other appropriate action, as it may deem fit. 
(4) The appellant or the complainant, as the case may be, may seek the assistance of any person in the process of the appeal while presenting his points and the person representing him may not be a legal practitioner. “



VIGILANCE (RTI)
Kindly supply the suo-moto disclosure u/s 4 of RTI Act'2005 and the exact indepth weblink (not general weblink)

Kinldy supply whether registrar vigilance (delhi high court) has the powers to initiate suo-moto proceedings against a judge/ MM.

Kinldy supply whether first appellate authority has the powers to initiate suo-moto pproceedings against a judge/ MM.

Kindly supply the information whether the first appellate authority followed the procedure stipulated under 7(3) of RTI Act for calling the Appellant for hearing.

Name of all persons/ officers & others who took part in the First Appeal hearing and their respective ranks/ designation.

Kindly suppl the certified copy of the written arguments submitted by Appellant for the hearing dated. Also supply the copy of CD submitted by the appellant. Also provide the copy of the envelope (both sides) 

Kindly supply the certified copy of reasons on record for not considering these arguments as mentioned in above point

Kindly supply the certified copy of say/ remarks submitted by PIO u/s 27/28 of the RTI Act . . . 

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COMPLAINT SOL = FAA DISCRETION SOL 27/28 [also] "directed to appear"
We cannot take just think only the case of experienced information seeker who was called for personal hearing, who can argue with a very senior officer of the rank of FAA and convince him about departmental intricacies to establish the need to maintain such a record and requirement to reveal it under RTI. FAAs time and again call Applicants, who reside 100 or 200 Kms away, who need to skip one day work and wage, just to tell a senior officer that the applicant sought xyz information from PIO who denied it and you may order to supply that. And when the appellant do not attend hearing so fixed, reject the appeal on the ground that appellant was given opportunity of hearing but he failed to avail that and did not attend hearing and therefore the appeal is rejected. 

The Act is a commonman's law. The duty of FAA is only to see whether his PIO has acted reasonably and within the framework of RTI Act and if not, he is required to take corrective action. The onus lies on PIO to justify his action and not Appellant to prove his pleadings in memo of appeal. Principles of natural justice is okay wherever it is necessary and aid the appellant to plead his case. The job of FAA is not to condemn the appellant but after affording an opportunity of hearing to him, but to condemn the action of PIO. Therefore he should hear PIO, record his version and accept or reject it with reasons. 

A hearing is not an empty formality. Without knowing the written submission of PIO on the pleadings and grounds raised in memo of appeal, how a common man can advance his argument before FAA. Hearing by FAA is not a ritual performed by the department with FAA and PIO on one side and the appellant as a scapegoat. If there is a meaningful hearing, then the FAA MUST sent the say of PIO to the appellant and call him for hearing. Here the appeal is preferred by Appellant and a hearing is fixed without knowing the say of the otherwise. Is this the inherent principles of - audi alteram partem. Which is the other side in this pattern of hearing?

You cannot just think about RK Jain and Subhash Agrawal alone when it is invoking provisions of RTI Act and seeking information under the Act. It has therefore been suggested to seek those information from FAA to educate the officers of department about their duties and limits with respect to the Act, very specifically that the FAA cannot reject FA on the ground of non-appearance by Appellant for FA hearing. 

Nobody including the Delhi District Court could not reply to the queries, but convinced themselves about their duties and responsibilities. A discretion can be exercised only when such a discretion is prescribed under the Act or Rules. When there is no such authority to exercise discretion or exercising a power on fulfillment of a condition, there is no question of discretion, much less exercise of discretion by FAA. Admittedly, in this case, the PIO did not supply the say putforth by the PIO before FAA for the scheduled hearing in question. It is now therefore beyond any element of doubt that the FAA called the appellant for hearing as an empty formality.


D.E.CELL BARAKHAMBA
As already mentioned, a discretion can be exercised only when such a discretion is prescribed or vests on the authority. There is no such prescription to exercise a discretion by the IC as far as imposition of penalty is concerned. On the other hand, Sec-19(8)(c) delete power on IC to impose penalty and Sec-20(1) provides that - SIC / CIC at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees. It is amply clear that imposition of penalty is not discretionary but mandatory. The very essence of penalty under Sec-20(1) is time and once it is proved that the information is not supplied within 30 days, each day counts for penalty.


SECOND APPEAL - SAY / REMARKS OF PIO REJECTED BY FAA
None of the grounds raised in your appeal (Post No.4) is adjudicated by the FAA. The very contention that the information has been supplied by PIO is blatantly false. Though the FAA agreed that there is no rule to call the Appellant for hearing, he failed to give direction to supply the copy of say produced by the PIO before the FAA. The contention of FAA that appellant was called for his own benefit is not borne out from record and hence wrong. Appellant had filed memo of appeal with facts and grounds. In order to argue his case before FAA, the appellant must know what are the say of the opponents or the reasons cited by PIO in rebutting the grounds of appeal, without which there can be no meaningful hearing by FAA. Hearing cannot be one sided i.e. hearing of Appellant alone. Appellant cannot be heard by suppressing the say of the PIO. Principles of natural justice necessitates that the say of the other side must be made known to the appellant in order to enable him to present his arguments. Therefore the contention of FAA of calling Appellant for hearing on appellants' own benefits is unfounded. Hearing cannot be held as an empty formality. 

It is the duty of the FAA to review and adjudicate whether his PIO has acted reasonably and within the meaning of the Act and if the PIO is wrong, take corrective actions. Neither FAA has adjudicated the points raised before him in present appeal, nor directed PIO to supply the information, including the say of the PIO on the pleadings in appeal of previous appeal case, based on which FAA had taken the decision. 

This is a fit case to culminate to the stage of WP to seek an adjudication that supply of copy of the say of PIO to the appellant is an essential ingredient of principles of natural justice, in order to have a meaningful exercise of hearing and proper adjudication of the appeal. 

File Second Appeal before CIC.
MORE . . . .
Thanks, If I also file CIC Complaint through a separate representation alongwith SA then will that weaken my case for WP vis-vis sec-27 & 28 false & evasive reply approved by FAA because on one hand appellant asks for information & on other hand he is asking for compensation (without disclosing in SA that he has also filed CICComplaint & vice-versa - Is that NOT called unclean hands because this is what is commonly used in courts when one plaint/ reply does not disclose another material fact.)

Also is there any provision in the RTI Act'2005 which says that appellant is not required to disclose CICComplaint in in FA/SA and vice-versa otherwise they will get a point of unclean hands. thanks

The substantial question of law before the HC shall be whether an appellant under Sec-19(1) is entitled to receive the say of PIO before holding an hearing by First Appellate Authority, of course, in addition to a direction to supply information. Culmination of this matter to WP should not be to impose penalty on PIO, but to set a good judicial precedent. Therefore, you may not opt to file Complaint. If at all you want to press imposition of penalty on PIO, you may include relative pleadings and prayers in Second Appeal itself.

Thanks, as my sole aim is Judicial Precedent & NOT at all to get any money from them despite my financials.
Further, around 21 months back I filed a second appeal & thereafter I never checkedits status. I posted SA copy to PIO concerned & then had put that copy of postal proof alongwith SA. But due to busyness in many court proceedings I was unable to check the status.

NOW, I do NOT want to ask them directly. I just want to check it somewhere. Is there any weblink where I can just put my name & date of SA and check the status.

Please refer to: Check Status of RTI Complaints / Appeals: Central Information Commission (CIC) Online

AND/OR

Please refer to: Forgot your Second Appeal number - Check Your Second Appeal Status: Central Information Commission (CIC) Online



NOTE:- Advise available for all countries laws vis-a-vis adultery & divorce so if you want divorce from your adulterous wife & want to have Consultation with ATUR CHATUR by paying him the consultation fees then contact him at +91-9873540498 & must also leave an email at ATURCHATUR@YAHOO.COM


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RTI REG vis-vis receiving & arguments& CD (signed by them)
8(1)(J) - Personal (Exemption)                               vis-a-vis RTI+SOL
SECOND APPEAL CHECKS
First Appeal DM (NORTH) - October End
COMPLAINT SOL = FAA DISCRETION SOL 27/28
D.E.CELL BARAKHAMBA
ACKNOWLEDGMENT CARDS
SECOND APPEAL - SAY / REMARKS OF PIO REJECTED BY FAA
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SOME KEY HINTS:-
RISKY = Do NOT leak my RTI
8(1)(J) = 


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NOTE:- Advise available for all countries laws vis-a-vis adultery & divorce so if you want divorce from your adulterous wife & want to have Consultation with ATUR CHATUR by paying him the consultation fees then contact him at +91-9873540498 & must also leave an email at ATURCHATUR@YAHOO.COM



RTI Discussions

NOTE:- Advise available for all countries  laws  vis-a-vis adultery & divorce so if you want divorce from your adulterous wife & ...