Re: [HumJanenge] Re: Cabinet note not secret: Info panel

I think you are living in illusions. I completely disagree with you.
Lets see what other members of this forum say!!

On Mon, May 9, 2011 at 12:10 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Dear Surendera

Since you don't understand English, perhaps I should explain it using Mathematics and the worst case times in the RTI Act (normal case, ie. no 3rd party, CAPIO etc)

1) Day 0 = Citizen requests information
2) Day 30 = CPIO gives decision
3) Day 35 (say) = Citizen receives decision and is aggrieved
4) Day 65 = Citizen files First Appeal
5) Day 95 = FAA disposes of it
6) Day 105 (say), Citizen receives FAA's order
7) Day 125 = Citizens must file 2nd Appeal. (Calculated as 90 days from step  3)

From the above it is clear that all steps are taken at 30 day intervals in the scheme of the Act. If there are deviations (such as a FAA taking 45 days instead of 30) then the CIC has powers to condone the delay in filing 2nd appeal to it.

So for now for you to claim that a citizen can file a 2nd appeal on Day 195 in the above example is illogical. Even to file an SLP on grave questions of law in the Supreme Court only 60 days are allowed, so it is preposterous for anyone to claim that 90 days is required to file a mere RTI 2nd Appeal.

PS: If you cant understand the basic Maths here, maybe I can use folk art to explain it to you.

Sarbajit

On Sun, May 8, 2011 at 11:40 PM, Surendera M. Bhanot <surendera@avissoftware.com> wrote:

Mr Sarabjit you are living in illusions. The decision under section 19(1) is of the decision of the FAA and not the CPIO.

CPIO has to give the information/decision under Section 7(3) and it is also referred to in section 19(1) against which the first appeal was made under Section 19(1). Please read the Section 19(1) carefully, or take someone knowledgeable's help.

Section 19(1) is reproduced below:

19. (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:

In the opening sentence of this section it is stated "Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be"

Section 19(3) exclusively deals with the appeal against the decision of the FAA and not the CPIO.

I am really appalled at your wit. Please do not misguide the members of this forum with your innovative things. You are not only exposing level of your knowledge about the RTI Act, 2005, your are mitigating your impression too.

Please refrain.

Rest you really expert in fiction and start doing the creative wor in that field. Oh! you are already doing the but at the wrong forum.

--
"Our biggest competition is never with the others.
Instead, it is always within ourselves.
It doesn't matter if where we end up - first or at last.
If we do our best to do better than before, we've won"

Warm Regards

Surendera M. Bhanot
- President, RTI Help & Assistance Forum Chandigarh
- Youth for Human Rights International YHRI - South Asia
- CEO, Avis Software, Chandigarh 
- Convener & Life Member, Consumers Association Chandigarh
- Jt. Secretary, Amateur Judo Association of Chandigarh
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- Member, RTI Activist Federation, Punjab, Chandigarh
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