Tuesday, September 20, 2011

Re: [HumJanenge] Re: IC MLS not interested in RTI anymore ?

Dear Mr Sarbajit,

1. 5 days start from the date of receipt of request (application):


Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or....................

2. You are correct, the 10 days period to the "third party" does not run concurrently to the 30 day period.

3. I feel that there is no third party involvement here and the PIO totally erred in taking recourse to Sec 11. You sent those 7 emails on your own, you did not label them or treat them as "confidential" - therefore there is no question of seeking recourse to Sec 11. 
In any case, being friends of the "Chinese Hackers" you should know that emails can be easily hacked. emails on the .nic domain are on the regular watchlist - specially if they come from you ! (LOL). If the communications were really confidential, you being in Delhi, should have taken the trouble and delivered them personally, in a sealed envelope, to the recipient in the CIC.

4. Eagerly waiting to see what is in those 7 emails........

Apologies to Mr Umapathi......

RTIwanted





From: sarbajit roy <sroy.mb@gmail.com>
To: "HumJanenge Forum People's Right to Information, RTI Act 2005" <HumJanenge@googlegroups.com>
Sent: Tuesday, September 20, 2011 1:55 PM
Subject: [HumJanenge] Re: IC MLS not interested in RTI anymore ?

Dear Karira

Mr Umapathi is not any retired senior citizen, but is actually younger
than either of us.

I wanted to prove some point concerning 3rd party rights, and which is
reflected in the order.

1) The 5 days to intimate the 3rd party begin from the time the CPIO
decides to disclose the information. Unfortunately even seasoned
RTIers like Mr Umapathy who are members of this group think that 5
days starts from date application is received by PIO. They also
foolishly believe that the 10 days for 3rd party to object runs
simultaneously with the 30 days available to the PIO. By this
decision, I have shown that where there is a 3rd party involved the
RTI request can be delayed by at least 1 year. I am sure that all the
PIOs and FAAs will take very serious note of this decision and it
shall become yet another precedent where I have STRENGTHED the RTI ACT
to bring out its true spirit and intent.

2) Insofar as the information is concerned, as  a true RTIer I shall
upload it to this group and put Mr Umapathy (and Mr Shekhar Singh) out
of their suspense

Sarbajit






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