Saturday, August 20, 2011

Re: [HumJanenge] START OF MANDATORY PERIOD FOR RTI APPLN OR FIRST APPEAL

U R Right, Mr. Pai, when I addressed the application and appeal to the particular person by name, and counting should start from the date of their delivery.  FAA has given answer that the delay is due to as the senior officers first have gone through the RTI and then thereafter, it was sent to CPIO.  There was no transfer under sec. 6(3) of the Act was involved.

Since the matter is trivival, I do not intend to file second appeal.

--- On Fri, 19/8/11, Manoj Pai <manojpai@yahoo.com> wrote:

From: Manoj Pai <manojpai@yahoo.com>
Subject: Re: [HumJanenge] START OF MANDATORY PERIOD FOR RTI APPLN OR FIRST APPEAL
To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>
Date: Friday, 19 August, 2011, 11:32 PM

You will need to re-read the RTI Act Mr Gupta. The CPIO has to provide the information within 30 days. A reply cannot constitue as information. The FAA has to dispose off the appeal within 30 days with a speaking order. The 30 days in each starts from the date of the receipt at either office.
 
As for the movement of application or appeal with the office of the public authority,Section 5(4) will apply. There is no provision for any addition of number of days for each movement of the application / appeal here. The 30 days from the date of the receipt stands good.
 
Manoj
 

From: M.K. Gupta <mkgupta100@yahoo.co.in>
To: humjanenge@googlegroups.com
Sent: Friday, August 19, 2011 4:49 PM
Subject: [HumJanenge] START OF MANDATORY PERIOD FOR RTI APPLN OR FIRST APPEAL
The CPIO and FAA are required to reply within 30 days as per RTI Act.  If an application or appeal is delivered to the Public Authority and these were first sent to senior officers (or to the HoD) for his information.  He then sent to the respective CPIO/FAA after 5-10. 
Please guide that in such cases, from which date the counting of 30 days will start i.e. from the date of delivery or from the date of handing over to the PIO/FAA?

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