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

Friends,
I want to share my experience with the Maharashtra IC Vilas Patil who
had passed a verbal order directing PIO and ACP, South Region Police,
Mumbai to furnish me the information query wise but in the written
order the application was out rightly rejected. The PIO's contention
was that information was furnished as available on record. My
contention was that if the PIO has created false record whose
responsibility it is to oversee and rectify? Patil did not respond to
my question and maintained that the information was furnished whether
true or false is immaterial. This was in gross violation of the
stipulation of the RTI Act itself. ICs are expected to dispense justice
as provided for under RTI. When I told Patil that if this was his stand
why doesn't he ask the PIOs to write Jai Ram Shri Ram Jai Jai Ram a
hundred times on a blank piece of paper, insert the same in the file
and furnish it to the applicant claiming that information had been
furnished. To which Patil was looking for way out but failed miserably
in dispensing justice. He also did not direct the PIO to furnish his
reason.Happy information seeking
Regards
Ketan Modi

On Sun, 21 Aug 2011 09:48:47 +0530 wrote
>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
>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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