Thursday, July 19, 2012

[HumJanenge] Re: Help Required

Please compute the time period carefully

If you have sent your RTI request by SpepdPost, then as a general
thumb rule send your First Appeal 40 days after you posted it. This
gives about 5 days for it to be received (30 days starts once
concerned PIO receives it) and 5 days for PIOs reply to reach you
(time taken between despatch of PIOs reply and your receiving it is
not counted) .

Every Appeal is based on "brief facts" and "grounds". Please state
these PRECISELY.

For purpose of Appeal. The facts constitute the dates you sent your
RTI, and dates of the reply (if any) along with the gist of the PIO's
response which you are aggrieved by.

The "grounds" are the REASONS you are constrained to appeal. for eg.

A) BECAUSE the CPIO has not replied in time / at all.
B) Because the PIO has failed to cite any exemption permissible under
RTI Act to deny me information.
C) BECAUSE the CPIO has merely cited exemption of section 8(1)(a) but
it is not clear which of the cases therein he is relying upon or how
they are attracted, and which he is required to prove.
D) BECAUSE the PIO has failed to consider the "larger public interest"
evident in my RTI request
E) BECAUSE The PIO has failed to consider the Central Information
Commission's directions in "CIC/A/2011/ d/d dd-m-yy which is briefly
set out below for ready reference ...
etc etc.

GROUNDS are the most important part of any RTI appeal.

After that you may include some brief PRAYERS

1) That PIO kindly be directed to give me information immediately
2) That opportunity of personal hearing be provided to me to ensure
natural justice, and since the PIO is required to "prove" his denial
of information vide s/s 19(50 of RTI Act which necessitates my
personal presence
3) That information be provide free of cost to me since it is being
provided beyond the prescribed period.
etc. etc

Send your First Appeal by Speedpost so as to reach within 60 days of
your original RTI request. Actually you only have a 15 day window.

Sarbajit

On Jul 18, 11:35 am, "Mr. Hemant Kshirsagar"
<hemantkshirsaga...@gmail.com> wrote:
> Dear All,
>
> I have a problem, I have filed somewhere around 08 RTI applications last
> months of which around 05 are getting well attended but the rest which are
> in the Capital city are not getting attended to, which means,
>
>    1. there is a completion of 30 days
>    2. and there has been no reply from CPIO of the organization. (Not even
>    a rejection communication).
>    3. non confirmation of the delivery of the application (post has
>    delivered it).
>
> Now can anyone guide me for what I have to do to get the further process
> done. Please do not say, read the Act as good practices are often more in
> details as experience is the commodity that grows even on sharing.
>
> Note to SBR:- Please do not reject this mail.
>
> Regards,
> Hemant

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